Galley v. Brennan

Decision Date29 October 1915
Citation110 N.E. 179,216 N.Y. 118
PartiesGALLEY, v. BRENNAN.
CourtNew York Court of Appeals Court of Appeals

OPINION TEXT STARTS HERE

Appeal from Supreme Court, Appellate Division, Fourth Department.

Action by John Galley against William Brennan. From an order and judgment of the Appellate Division, Fourth Department (156 App.Div. 443, 141 N.Y.Supp. 991), reversing a judgment in favor of plaintiff entered upon a verdict, and dismissing plaintiff's complaint upon the merits, plaintiff appeals. Reversed, and case remitted to the Appellate Division.

H.B. Butterfield, of Buffalo, for appellant.

William Brennan, Jr., of Buffalo, for respondent.

HISCOCK.

This action was brought to recover damages for alleged malicious prosecution of plaintiff by defendant. The latter instituted a criminal proceeding against the former upon the charge of having stolen some manure. The charge was dismissed, and the only question in this action has been and is the one whether defendant had probable cause for instituting the proceeding although it turned out that plaintiff was innocent of the offense. The trial court held that the evidence made this question one of fact to be determined by the jury, but the Appellate Division decided that as a matter of law lack of probable cause was not established by plaintiff, and that therefore the action should be dismissed. The question is somewhat close, and it becomes necessary to state briefly the facts upon which defendant relied in instituting the prosecution of plaintiff.

[1] One Heisenbuttle, who seems to have seen the man who actually did steal the manure, told defendant in substance that the man said he came from Gardenville; that he had a bay team and a certain kind of wagon; and that he was a tall man with light complexion.” One Tresselt, who worked for the last-named person, told one of defendant's employés, who in turn communicated the information to him, “that a man by the name of John Galley took the manure; that he had a greenhouse or florist out there,” and again told another of defendant's employés, who likewise communicated the information, that he “supposed” John Galley took it, and that the man who took it had a bay team and was a “tall man, sandy mustache.” Another person informed defendant that the plaintiff answered the description thus given by Tresselt. It did not appear in any way, and it is not claimed and does not seem to have been understood by defendant, that Tresselt saw the man who took away the manure or was speaking from personal observation. He “supposed” that plaintiff was the man who took the manure. It appeared that as a matter of fact plaintiff did not have a bay team, and, outside of an unsuccessful attempt upon the part of defendant to interview Tresselt, no effort was made to ascertain from any one having reliable knowledge or information whether plaintiff was the man who committed the theft. Thus substantially all of the direct, reliable information which defendant had established simply that the thief came from Gardenville and was a tall man with a sandy mustache and that plaintiff answered to this very general description. That in my judgment was not sufficient to establish as a matter of law probable cause and a reasonable ground for causing his arrest.

[2] Some of my Associates believe that it rather disclosed lack of probable cause as matter of law, and in the aspect most...

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6 cases
  • Watson v. City of New York
    • United States
    • New York City Court
    • June 18, 1968
    ...and prudent person. (Grew v. Mountain Home Tel. Co., 192 App.Div. 863, 183 N.Y.S. 840, aff'd 233 N.Y. 560, 135 N.E. 918; Galley v. Brennan, 216 N.Y. 118, 110 N.E. 179; Besson v. Southard, 10 N.Y. 236, supra; Carl v. Ayers, 53 N.Y. 14, supra). The jury was charged that it is not determinativ......
  • Halsey v. New York Soc. for Suppression of Vice
    • United States
    • New York Court of Appeals Court of Appeals
    • July 12, 1922
    ...disputed or where conflicting inferences may fairly be drawn from them. Burns v. Wilkinson, 228 N. Y. 113, 126 N. E. 513;Galley v. Brennan, 216 N. Y. 118, 110 N. E. 179. Theophile Gautier is conceded to be among the greatest French writers of the nineteenth century. When some of his earlier......
  • Maloney v. Cunard S.S. Co.
    • United States
    • New York Court of Appeals Court of Appeals
    • February 22, 1916
    ...evidence may be considered by that court. Junkermann v. Tilyou Realty Co., 213 N.Y. 404, 108 N.E. 190, L.R.A.1915F, 700;Galley v. Brennan, 216 N.Y. 118, 110 N.E. 179.WILLARD BARTLETT, C.J., and HISCOCK, CHASE, COLLIN, HOGAN, and SEABURY, JJ., concur. Judgment reversed, ...
  • Mulder v. United States Slicing Mach. Co.
    • United States
    • New York Court of Appeals Court of Appeals
    • February 24, 1920
    ...the law as stated by this court (Burt v. Smith, 181 N. Y. 1, 73 N. E. 495,2 Ann. Cas. 576), and later reiterated (Galley v. Brennan, 216 N. Y. 118, 110 N. E. 179), upon the subject of probable cause and malice in actions to recover damages for malicious prosecution, and submitted to the jur......
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