October, 1917.
Judgment and order reversed and new trial granted, costs to abide the event, upon the ground that the court erred in allowing the jury to consider the judgment of acquittal in the Magistrate's Court on the question whether the defendant had probable cause to make the complaint whereon plaintiff was arrested. Jenks, P.J., Thomas, Mills, Putnam and Blackmar, JJ., concurred.
Full title:JOSEPH CHERNES, Respondent, v. CHARLES ROSE, Appellant
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Oct 1, 1917
Malicious prosecution is based upon a defendant's alleged lack of probable cause to believe the plaintiff…
Dizazzo v. Miss Carolina SportswearThat a defendant has prosecuted one who was innocent of the charge is not a decisive circumstance, for…