Allen v. Fromme
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Addie Fromme, as executrix, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on. the 28th day of March, 1910, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 29th day of March, 1910, denying the motion of the defendant’s testator for a hew trial made upon the minutes.
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Appeal by the defendant, Addie Fromme, as executrix, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on. the 28th day of March, 1910, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 29th day of March, 1910, denying the motion of the defendant’s testator for a hew trial made upon the minutes. After the entry of the judgment appealed from, Jacob Fromme, the original defendant, died, and an order was made reviving the action and making his executrix a defendant.
1Opinion of the Court
Miller, J.:
The plaintiff was arrested on a void execution issued by the defendant’s testator. He gave a bond for the jail limits and was released from the custody of the sheriff. He thereupon moved at Special Term of the" City Court, out of which the execution was issued, to vacate it. The motion was opposed by the said testator, and was denied. An appeal was taken to the Appellate Term, which likewise was resisted by the said testator, and the order of the court below was reversed and the execution was vacated. Thereupon this action was brought for false imprisonment. The plaintiff was…
2Cases cited3 opinions
- Worden v. . DavisNew York Court of Appeals · 1909
- Fuller v. BowkerMichigan Supreme Court · 1863
- Lane v. HolmanMassachusetts Supreme Judicial Court · 1887
3Cited by8 opinions
- Helstrom v. North Slope BoroughAlaska Supreme Court · 1990
- Gallo v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1997
- Warner v. StateNew York Court of Claims · 1947
- Nossek v. A. H. Todd & SonNew York Supreme Court · 1936
- Allen v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1911
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