Platt v. Bonsall — 209 N.Y. 584

Majority

p. 584

Arthur C. Platt, Appellant, v. Seymour W. Bonsall et al., Respondents.

Headnote

Platt v. Bonsall, 143 App. Div. 112 , appeal dismissed.

(Argued October 31, 1918 ;

decided November 18, 1913.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 1Í, 1911, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action for malicious prosecution.

The following questions were certified: “First. Did the trial court err in denying defendants’ motion for

p. 585

nonsuit made upon the ground that there was prohable cause for bringing the action for conversion ?

“ Second. Was the admission in evidence of the judgment roll and the judge’s charge to the jury in the Federal court action hurtful error and ground for reversal ?

“ Third. Was it error for the trial court to allow plaintiff to prove the amount of profits drawn from the business during the plaintiff’s connection with it ? ”

Robert B. Honeyman and A. Parker Smith for appellant.

Adam K. Strieker for respondents.

Appeal dismissed, with costs; no opinion.

Concur: Culler, Ch. J., Gray, Willard Bartlett, Hiscock, Chase, Hogar and Miller, JJ.