Rost v. Harris
The Superior Court of New York City
Motion to strike out part of an answer. This action was brought against two defendants for malicious prosecution and false imprisonment. The complaint alleged that one of the defendants was in the employ of the other, in business in the city of New York.
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Motion to strike out part of an answer. This action was brought against two defendants for malicious prosecution and false imprisonment. The complaint alleged that one of the defendants was in the employ of the other, in business in the city of New York. It then set forth that they had made affidavits before a police-justice, charging that the plaintiff, with felonious intent, had made false representations, and that they obtained his arrest and imprisonment thereon; whereas, the complaint alleged, he had not made such representations, but the affidavits were entirely false, and made with…
1Opinion of the Court
Bosworth, Ch. J.
—The third defence is, in substance, that the affidavits on which the plaintiff was arrested state truly the representations which the plaintiff made, and that the representations were false, and that such facts constituted probable cause.
The defence contains no new matter. If it states accurately the whole contents of the affidavits on which plaintiff was arrested, and if the defendants’ opinion that they constitute probable cause is correct, then it attempts to demonstrate that there was probable cause for making the complaint on which the plaintiff was arrested.
The second…
2Cases cited1 opinion
- Radde v. RuckgaberThe Superior Court of New York City · 1854
3Cited by2 opinions
- Phœnix Mutual Life Insurance v. WalrathWisconsin Supreme Court · 1882
- Kellogg v. ScheuermanWashington Supreme Court · 1897