Moulton v. Beecher
New York Supreme Court
■I. Appeal from order sustaining a demurrer to complaint, and from judgment thereon. The allegations of the complaint were as follows: “ I. That with a malicious intent to injure plaintiff •in his good name and credit, to bring him into public disgrace, to cause him to be imprisoned, and to subject him to trouble and expense, defendant did, on or before the 3d day of October, 1874, voluntarily go before the grand jury at the court of sessions of the county of Kings, in the…
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■I. Appeal from order sustaining a demurrer to complaint, and from judgment thereon. The allegations of the complaint were as follows: “ I. That with a malicious intent to injure plaintiff •in his good name and credit, to bring him into public disgrace, to cause him to be imprisoned, and to subject him to trouble and expense, defendant did, on or before the 3d day of October, 1874, voluntarily go before the grand jury at the court of sessions of the county of Kings, in the city of Brooklyn, for the purpose of procuring an indictment against plaintiff as hereinafter stated. “II. That at the…
1Opinion of the CourtDykman, J.
J. — To enable a party to maintain an action for malicious prosecution he must aver and prove, among other things, that the prosecution alleged to have been malicious was terminated, and terminated in his favor. This is familiar law, and has been steadily adhered to by the courts, both in this country and in England, and has become so fundamental, that it is not necessary to cite authorities to support it.
The plaintiff recognizes this rule, and for the purpose of bringing himself within it, alleges in his complaint substantially that the prosecution which he complains of as malicious was…
2Cases cited96 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- McKown v. . HunterNew York Court of Appeals · 1864
91 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lent v. RyderAppellate Division of the Supreme Court of the State of New York · 1900
- Commonwealth v. McCluskyMassachusetts Supreme Judicial Court · 1890
- Wadsworth v. GeorgerNew York Supreme Court · 1887
- People ex rel. De Vasto v. DillonAppellate Division of the Supreme Court of the State of New York · 1951
- Hackett v. Equitable Life Assurance SocietyNew York Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.