Legal Opinion
Brandt v. Cohn
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1937PublishedCited by 4 opinions
1Opinion of the CourtCallahan, J.
The action is one for malicious prosecution.
The amended complaint alleges that plaintiff was indicted, tried and acquitted of the charge of grand larceny in obtaining certain moneys on allegedly false representations made in connection with the sale of an interest in an oil well.
Standing alone the assertion in the complaint that the criminal prosecution proceeded by indictment would amount to an admission of the existence of probable cause. (Hopkinson v. Lehigh Valley Railroad Co., 249 N. Y. 296.) Plaintiff, in order to overcome the effect of this admission, alleges further that the defendant…
2Cases cited6 opinions
- Hopkinson v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
- People Ex Rel. Hirschberg v. Board of SupervisorsNew York Court of Appeals · 1929
- Graham v. Buffalo General Laundries Corp.New York Court of Appeals · 1933
- Burns v. . WilkinsonNew York Court of Appeals · 1920
- Finsilver v. StillAppellate Division of the Supreme Court of the State of New York · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dorak v. County of NassauDistrict Court, E.D. New York · 1970
- Laster v. SolotaroffAppellate Division of the Supreme Court of the State of New York · 1947
- Jones v. Independent Fence Co.New York Supreme Court · 1958
- Mann v. LukeAppellate Division of the Supreme Court of the State of New York · 1947