Holden v. Staring — 21 N.Y.S. 1126

Majority

p. 1126

HOLDEN, Respondent, v. STARING et al., Appellants.

(Supreme Court, General Term, Fourth Department.

November, 1892.)

Headnote

Action by Porter Holden against Daniel Staring and others for false imprisonment and malicious prosecution. Judgment for plaintiff, from which, and an order denying a new trial, defendants appeal. Reversed.

Argued before HARDIN, P. J., and MARTIN and.MERWIN, JJ.

E. R. Brown, for appellants.

Thompson & Chapman, for respondent.

Upon the trial the defendants requested the court to hold that no cause of action for malicious prosecution was established, and the court refused so to hold, and the defendants excepted. We think this exception was well taken. There was no sufficient proof of want of probable cause to maintain the action for malicious prosecution, therefore a new trial should be ordered. Judgment and order reversed, and a new trial ordered, with costs to abide .the event.