Hardie Rothschild, and Cross-Appellant v. The Drake Hotel, Inc., a Corporation, and Cross-Appellee

MAJOR, Senior Circuit Judge.

This diversity action was commenced August 26, 1966, for the recovery of compensatory and punitive damages for false imprisonment, assault and malicious prosecution occasioned by the alleged wrongful and malicious acts of the Drake Hotel on August 6, 1965, in assaulting, imprisoning and prosecuting plaintiff for defrauding an innkeeper. A jury returned a general verdict in favor of plaintiff, awarding damages in the amount of $400,000. The trial court, in response to defendant’s motion for judgment n. o. v. or for a new trial, gave plaintiff an election between…