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Levy v. Joline

144 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1913-12-31 English

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p. 1125
LEVY v. JOLINE et al.
(Supreme Court, Appellate Division, First Department.
December 31, 1913.)

Headnote

Appeal from Trial Term, New York County. Action by Walter Levy against Adrian H. Joline and another, as receivers. From a judgment on a verdict for plaintiff, and from an order denying a motion for new
trial, defendants appeal.
Reversed and dismissed.
Bayard H. Ames, of New York City,, for appellants.
John W. Smith, of New York City, for respondent.

The judgment and order should be reversed, with costs to the appellants, and the complaint dismissed, with costs, upon the ground that a lack of probable cause was not proved by the plaintiff; on the contrary, the evidence established the fact that the defendants had probable cause for the charge made.