Scott v. Dennett Surpassing Coffee Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Dennett Surpassing Coffee Company, 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 8th day of April, 1899, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 4th day of April, 1899, denying the defendant’s motion for a new trial made upon, the minutes.
1Opinion of the Court
Jenks, J.:
The defendant appeals from a judgment entered on a verdict of a jury awarding to the plaintiff damages in $2,500 for a malicious-prosecution and from an order denying a motion for a new trial. It is claimed that there was no proof of want of probable cause or of malice, that the prosecution was not brought home, to the defendant corporation, that the verdict was contrary to law, that the damages were excessive, and that errors were made in various rulings-upon the evidence.
Probable cause, unlike malice, is not determined by standard of the particular defendant, but of the ordinarily…
2Cases cited16 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Heyne v. . BlairNew York Court of Appeals · 1875
- Wass v. . StephensNew York Court of Appeals · 1891
- Barron v. MasonSupreme Court of Vermont · 1858
- Hazzard v. . FluryNew York Court of Appeals · 1890
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3Cited by21 opinions
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Prudential Insurance Co. of America v. BMC Industries, Inc.District Court, S.D. New York · 1986
- Parr v. LoderAppellate Division of the Supreme Court of the State of New York · 1904
- Watson v. City of New YorkCivil Court of the City of New York · 1968
- K-Mart Corp. v. SalmonCourt of Special Appeals of Maryland · 1988
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