Thaule v. . Krekeler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was for malicious prosecution.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was for malicious prosecution. The complaint alleged in substance that defendants appeared before apolice justice in the city of Mew York, and without probable cause, charged plaintiff with having stolen two deeds, one executed by him to Maria Stoddard conveying certain premises in the city of Mew York, the other executed by said Maria Stoddard conveying the same premises to defendant Iirekeler, and procured the said…
1Opinion of the CourtDanforth, J.
The prosecution of which the plaintiff complains was set on foot by the defendants Krekeler and Frost. It rested upon an affidavit drawn by Frost as attorney for Mrs. Krekeler, and verified by her. The part material to this case is in these words: “ On the 17th day of April, 1871, at the house known as Ho. 9 Jay street, in the fifth ward of the city of Hew York, was feloniously taken, stolen and carried away from the possession of deponent, the following property, viz.,” describing two deeds conveying real estate, the one executed by plaintiff to Maria Stoddard and the other from said grantee…
2Cases cited4 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Besson v. . SouthardNew York Court of Appeals · 1851
- Dennis v. . RyanNew York Court of Appeals · 1875
- Masten v. DeyoNew York Supreme Court · 1829
3Cited by29 opinions
- Maria De Lourdes Torres v. Police Officer JonesNew York Court of Appeals · 2016
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
- Anderson v. . HowNew York Court of Appeals · 1889
- Rawson v. Francis H. LeggettNew York Court of Appeals · 1906
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