Graves v. Rudman

There is a marked difference between an action for malicious prosecution and one for false imprisonment. The essential element of the former is the fact that a judicial proceeding has been commenced and prosecuted maliciously and without probable cause, while the gist of the latter is an unlawful detention. (Brown v. Chadsey, 39 Barb. 253; Barry v. Third Ave. R. R. Co.. 51 App. Div. 385.)

The complaint in the instant case states a cause of action for malicious prosecution, and not for false imprisonment. The case, however, was tried and sent to the jury upon both theories. This was done…