Kutner v. Fargo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry H. Kutner, from an order of the Supreme Court, made at the Hew York Trial Term and entered in the office of the clerk of the county of Hew York on the 6th day of April, 1897, as resettled by an order entered in said clerk’s office on the 29th day of April, 1897, setting aside a verdict in the plaintiff’s favor and granting the defendant’s motion for anew trial made upon the minutes.
1Opinion of the Court
Barrett, J. :
This is an action for malicious prosecution. The defendant is the president of a voluntary unincorporated association organized under the statute with regard to associations consisting of seven or more persons. The plaintiff had a verdict for substantial damages which the learned trial judge set aside. The motion to set aside the verdict and for a new trial was made upon the trial judge’s minutes. The plaintiff, in appealing from the order, contends that the motion for a new trial was definitely passed upon, adversely to the defendant, at the trial, and consequently that the…
2Cases cited3 opinions
- Carl v. . AyersNew York Court of Appeals · 1873
- Miller v. MilliganNew York Supreme Court · 1866
- Seibert v. PriceSupreme Court of Pennsylvania · 1843
3Cited by7 opinions
- Rawson v. Francis H. LeggettNew York Court of Appeals · 1906
- Davenport v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Bankell v. WeinachtAppellate Division of the Supreme Court of the State of New York · 1904
- Ericson v. Edison Electric Illuminating Co.New York Supreme Court · 1900
- Schmidt v. Medical Society of County of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
2 more not listed; retrieve them via the Exa API.