Murphy v. Eidlitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas J. Murphy, from an inteilocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 5th day of February, 1906, lipón the decision of the court, retidefed.after a trial at the Kings County Special Term,' overruling the plaintiff’s demurrer to the second separate defense set forth in the amended-answer. ' '
1Opinion of the Court
Woodward, J.:
The plaintiff brings this action for malicious prosecutidn, in that. the defendant falsely, maliciously and without probable cause made a sworn complaint accusing the plaintiff of grand larceny in the theft of forty-five dollars from the'Metropolitan Switchboard Company, on which complaint the plaintiff was arrested and held; to bail, but discharged after an examination. The defendant answered denying all of the allegations of the complaint except the fact that the plaintiff was taken ♦ before a police magistrate and arraigned, and that he gave bail for his appearance. As a…
2Cases cited2 opinions
- Roberts v. . JohnsonNew York Court of Appeals · 1874
- April v. BairdAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Jackson v. PesciaNew York Supreme Court · 1909
- Westfall v. LeamonAppellate Division of the Supreme Court of the State of New York · 1921