Whitney v. New York Casualty Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by William J. Whitney against the New York Casualty Insurance Association and another for malicious prosecution. Judgment for defendants, and plaintiff appeals. Reversed. The defendant the New York Casualty Insurance Association is an insurance corporation, and the defendant McArthur was, at the time of the transactions out of which this action arose, an attorney and counselor at law, a director of such association, and its legal adviser.
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Appeal from trial term. Action by William J. Whitney against the New York Casualty Insurance Association and another for malicious prosecution. Judgment for defendants, and plaintiff appeals. Reversed. The defendant the New York Casualty Insurance Association is an insurance corporation, and the defendant McArthur was, at the time of the transactions out of which this action arose, an attorney and counselor at law, a director of such association, and its legal adviser. On or about the 19th of August, 1895, the plaintiff entered into the employ of the association, and at such time signed a…
1Opinion of the CourtHerrick, J.
In reviewing a judgment of nonsuit, that view of the evidence must be taken which is most favorable to the plaintiff. The plaintiff, upon the trial for larceny, was declared not guilty of the charge upon which the defendants had caused his arrest; and this case turns upon the question as to whether the defendants had reasonable grounds to believe him guilty of the charge they made against him. “The question of what constitutes probable cause does not depend upon whether the offense has been committed in fact, nor whether the accused is guilty or innocent, but upon the prosecutor’s belief,…
2Cases cited8 opinions
- Wass v. . StephensNew York Court of Appeals · 1891
- Carl v. . AyersNew York Court of Appeals · 1873
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Anderson v. . HowNew York Court of Appeals · 1889
- Willard v. . Holmes, Booth HaydensNew York Court of Appeals · 1894
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3Cited by1 opinion
- Manz v. KlippelWisconsin Supreme Court · 1914