Majority
p. 871Alfred W. Duckett, Appellant, v. Charles F. Hofferberth, Respondent.
Headnote
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 23d day of March, 1912, upon the verdict of a jury, and also from an order dated the 20th day of February, 1912, and entered in said clerk’s office, denying a motion for a new trial.We think that the plaintiff failed to sustain a cause of action for malicious prosecution. So far as any prosecution was instituted by the defendant the plaintiff failed to show a lack of probable cause, and the complaint should have been dismissed. Under such circumstances the court is not required to reverse a verdict for the plaintiff for one cent. The judgment and order appealed from should be affirmed, with costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ. Judgment and order affirmed, with costs.