Adams v. Schwartz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bert Adams, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of November, 1909, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the counterclaims contained in defendant’s answer.
1Opinion of the Court
Laughlin, J.:
The amended complaint contains two counts. The first is for false arrest and imprisonment and the second for malicious prosecution. Both causes of action relate to the same arrest and prosecution. It is alleged that on the 20th day of May, 1909, the defendant caused the arrest of the plaintiff by a police officer, without a warrant or other legal process and without probable or justifiable cause “ upon the false charge of having by disorderly conduct committed a breach of the peace in that he had annoyed defendant by posting theatrical poster’s or bills upon a billboard attached…
2Cases cited15 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- Ter Kuile v. MaralandNew York Supreme Court · 1894
- People ex rel. Frank v. DavisAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by16 opinions
- Scott v. WaggonerMontana Supreme Court · 1914
- Hendrix v. Manhattan Beach Development Co. & MarshallAppellate Division of the Supreme Court of the State of New York · 1917
- Stevenson v. DevinsAppellate Division of the Supreme Court of the State of New York · 1913
- Haberle-Crystal Spring Brewing Co. v. HandrahanNew York Supreme Court · 1917
- Kelly v. StateAppellate Division of the Supreme Court of the State of New York · 1984
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