Davis v. Smith — 240 N.Y. 567

Majority

p. 567

Sam Davis, Appellant, v. Frank W. Smith, Respondent.

(Argued January 29, 1925;

decided February 25, 1925.)

Headnote

Malicious prosecution —■ sufficiency of evidence of probable cause.

Dams v. Smith, 209 App. Div. 126 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 6, 1924, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The action was for malicious prosecution. The complaint alleged that defendant without reasonable or probable cause charged plaintiff before a magistrate with the crime of larceny. The Appellate Division held that there was not only evidence of probable cause but that the prosecution was meritorious.

James Marshall and Louis Marshall for appellant.

Edward J. Flanagan for respondent.

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

Concur: Hiscock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J.

Cases cited

Davis v. Smith 209 App. Div. 126 N.Y. App. Div. 1924-05-02 p. 567