Giorgio v. Batterman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, H. Batterman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12th day of January, 1909, upon the verdict of a jury for $800, and also from an order entered in said clerk’s office on the 16th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, H. Batterman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12th day of January, 1909, upon the verdict of a jury for $800, and also from an order entered in said clerk’s office on the 16th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes. The complaint contains two causes of action, one for malicious prosecution and the other for false imprisonment.
1Opinion of the Court
Gaynor, J.:
The motion at the close to dismiss the cause of action for malicious prosecution should have been granted. The plaintiff and another were the day watchmen on Sundays in the drygoods establishment of the defendant, a corporation. The superintendent of the establishment was called to the store by the said other watchman by telephone of a Sunday evening. He was then told by the said watchman that he had seen the plaintiff upstairs trying something on ; that he also looked at his coat in the closet and found two pairs of gloves of the defendant in the pocket, and took them; that he…
2Cases cited2 opinions
- Rawson v. Francis H. LeggettNew York Court of Appeals · 1906
- Francis v. TilyouAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Jackson v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1986