Legal Opinion

Green v. . Kennedy

New York Court of Appeals

Decided September 5, 1871PublishedCited by 9 opinions

Action for assault and battery and false imprisonment. Plaintiff was arrested by a police officer of the eighth ward station-house in the city of Hew York, for passing liquor to a prisoner; was taken to the office of defendant, who was general superintendent of the police department. Defendant directed the officer to take the prisoner back and lock him up. He was imprisoned eight days, and then released on habeas corpus.

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Action for assault and battery and false imprisonment. Plaintiff was arrested by a police officer of the eighth ward station-house in the city of Hew York, for passing liquor to a prisoner; was taken to the office of defendant, who was general superintendent of the police department. Defendant directed the officer to take the prisoner back and lock him up. He was imprisoned eight days, and then released on habeas corpus. Two witnesses testified to offers of bail and defendant’s refusal to accept it. The charge of assault and battery related to the original arrest. Defendant moved to dismiss…

1Opinion of the Court

Lott, Ck. C., reads for affirmance.

All concur, except Leonabd, not sitting. Judgment affirmed, with costs.

2Cited by9 opinions

  1. Harness v. SteeleIndiana Supreme Court · 1902
  2. Schoette v. DrakeWisconsin Supreme Court · 1909
  3. Bass v. StateNew York Court of Claims · 1949
  4. Raplee v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1958
  5. Egleston v. ScheibelAppellate Division of the Supreme Court of the State of New York · 1906

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