Thompson v. Lumley
New York Court of Common Pleas
Appeal from a judgment dismissing the plaintiff’s complaint. This action was brought to recover $50,000 damages for alleged malicious prosecution and false imprisonment, in causing the plaintiff to he arrested, on a warrant issued by a police justice of the city of Hew York, on the charge of having committed willful and corrupt perjury.
Read the full summary
Appeal from a judgment dismissing the plaintiff’s complaint. This action was brought to recover $50,000 damages for alleged malicious prosecution and false imprisonment, in causing the plaintiff to he arrested, on a warrant issued by a police justice of the city of Hew York, on the charge of having committed willful and corrupt perjury. It appears that the defendant Edward Lumley called at the plaintiff’s place of business and, representing himself to be Alexander Lumley, purchased goods on credit. The bill not being paid when due, the same was placed in the hands of Alexander Blumenstiel,…
1Opinion of the CourtLoew, J.
— On the argument of this appeal we expressed the opinion that the learned judge who presided at the trial erred in dismissing the complaint, and that the judgment would have to be reversed. We have, since then, carefully examined the evidence and the authorities bearing on the subject, and can see no reason why we should change the' views heretofore entertained by us.
*108The test, whether or not a nonsuit should have been granted by us, is, whether the evidence, viewed in the most favorable light, would have warranted the jury in finding a verdict in favor of the plaintiff. If it would, then the…
2Cases cited10 opinions
- Carl v. . AyersNew York Court of Appeals · 1873
- McKown v. . HunterNew York Court of Appeals · 1864
- Besson v. . SouthardNew York Court of Appeals · 1851
- Hall v. SuydamNew York Supreme Court · 1849
- Miller v. MilliganNew York Supreme Court · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lytton v. BairdIndiana Supreme Court · 1884
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Wilkinson v. McGeeSupreme Court of Missouri · 1915
- Willard v. HolmesNew York Court of Common Pleas · 1893
- Clement v. MajorColorado Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.