Grew v. Mountain Home Telephone Co. — 233 N.Y. 560

Majority

p. 560

Joseph C. Grew, Respondent, v. Mountain Home Telephone Company, Inc., Appellant.

Headnote

Malicious prosecution — when facts are disputed question of probable cause is for jury.

Grew v. Mountain Home Telephone Co., Inc., 192 App. Div. 863 , affirmed.

(Argued March 9, 1922;

decided March 24, 1922.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 8, 1920, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The action was to recover for alleged malicious prosecution. The

p. 561

trial court dismissed the complaint upon the ground that plaintiff had failed to show a want of probable cause as a matter of law. The Appellate Division held that the facts being disputed the question of probable cause was for the jury.

George E. Van Kennan and Thomas Spratt for appellant.

Lowen Edward Ginn for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.