Slattery v. Heller

The action is to recover damages for false1 imprisonment and malicious prosecution.

At the close of the plaintiff’s case the trial judge held that no cause of action for false arrest was shown, and stated he would submit the case to the jury on the issue of malicious prosecution.

It appears that in the fall of 1933 plaintiff installed an oil burner in the residence of the defendant Morris Heller. A payment was made on account, and for a subsequent payment which became due the defendant Sanford Heller, son of the codefendant, gave plaintiff a postdated check. This check was not paid, defendant…