Shannon v. Cunard Steam Ship Co. — 247 N.Y. 519

Majority

p. 519

John J. Shannon, Respondent, v. The Cunard Steam Ship Company, Ltd., Appellant. William Ryan, Respondent, v. The Cunard Steam Ship Company, Ltd., Appellant. Austin T. Hickey, Respondent, v. The Cunard Steam Ship Company, Ltd., Appellant.

Headnote

Malicious prosecution — probable cause — actions to recover for arrest on indictments for conspiracy found on injor matron furnished by defendant. Shannon v. Cunard S. S. Co., Ltd., 22U App. Div. 761, affirmed. Ryan v. Cunard S. S. Co., Ltd., 220 App. Div. 761 , affirmed.

Hickey v. Cunard S. S. Co., Ltd., 220 App. Div. 761 , affirmed.

(Argued December 1, 1927;

decided January 10, 1928.)

Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court

p. 520

in the first judicial department, entered June 1, 1927, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for alleged malicious prosecution. The. plaintiffs, on information presented by-defendant through and by the advice of its attorneys, were indicted in New Jersey for the crime of conspiracy to pad the payrolls of defendant, arrested and imprisoned until released on bail. Thereafter the indictments were dismissed. The question in each case was whether defendant had probable cause to justify the complaint.

Thaddeus G. Cowell for appellant.

Abraham C. Cohen and George B. Simpson for respondents.

Judgment in each action affirmed, with costs; no opinion.

Concur: Pound, Crane, Andrews and O’Brien, JJ. Dissenting: Cardozo, Ch. J., Lehman and Kellogg, JJ.