Tobin v. Bell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles E. Bell and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 1st day of October, 1901, upon the verdict of a jury for $175, and also from an order entered in said clerk’s office on the 1st day of October, 1901, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
This is an action for false imprisonment. The defendants Bell are the proprietors of a department store in the city of Olean, and the defendant Johnson is in their employ. The plaintiff, a married woman, went to their store on Monday, December 19, 1899, about noon, ostensibly to exchange a pair of rubbers and have buttons sewed on some shoes she had purchased at the store the preceding Saturday. She looked at the Christmas goods throughout the store and at the jewelry counter tried on a ring. Her version of the occurrence is that while she was doing this the defendant Johnson came…
2Cases cited5 opinions
- Burns v. . ErbenNew York Court of Appeals · 1869
- Greater New York Athletic Club v. WursterNew York Supreme Court · 1897
- Pastor v. ReganNew York Supreme Court · 1894
- Snead v. BonnoilAppellate Division of the Supreme Court of the State of New York · 1900
- Limbeck v. GerryNew York Supreme Court · 1896
3Cited by4 opinions
- Hendrix v. Manhattan Beach Development Co. & MarshallAppellate Division of the Supreme Court of the State of New York · 1917
- Bass v. StateNew York Court of Claims · 1949
- Farina v. Saratoga Harness Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1964
- Cunningham v. SheaAppellate Division of the Supreme Court of the State of New York · 1906