Ashlaw v. Racquette River Paper Co.
| Decision Date | 18 October 1956 |
| Parties | , 138 N.E.2d 739 Garfield ASHLAW, Appellant, v. RACQUETTE RIVER PAPER COMPANY, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 1 A.D.2d 69, 147 N.Y.S.2d 148.
Action was brought for malicious prosecution. The Supreme Court, St. Lawrence County, Paul D. Graves, J., entered judgment for the plaintiff, and the defendant appealed.
The Appellate Division, 129 N.Y.S.2d 510, granted motion to dismiss the appeal unless the defendant should perfect appeal, file, and serve record and briefs on or before certain date, and be ready for argument at the May Term of the Appellate Division for 1954.
The Appellate Division, Foster, P. J., 1 A.D.2d 69, 147 N.Y.S.2d 148, reversed the judgment, dismissed the complaint, and held that evidence was insufficient to make out a case.
The plaintiff appealed to the Court of Appeals, contending that the Appellate Division applied an erroneous standard of proof, and that issue of probable cause depended on questions of fact which were properly submitted to the jury, and that the Appellate Division erred in dismissing the complaint for failure to make out a case, and that the case should be remitted to the Appellate Division for further consideration.
Eugene M. Hanson, Utica, for plaintiff-appellant.
DeGraff, Foy, Conway and Holt-Harris, Albany (John T. DeGraff, and John E. Holt-Harris, Jr., Albany, of counsel), for defendant-respondent.
Judgment affirmed, with costs.
All concur.
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Gilmore v. Gold
...1965) (per curiam); cf. Ashlaw v. Racquette River Paper Co., 1 A.D.2d 69, 147 N.Y.S.2d 148, 152 (3d Dept.1955), aff'd 2 N.Y.2d 744, 157 N.Y.S.2d 379, 138 N.E.2d 739 (1956). A complaint which pleads facts constituting probable cause for a criminal prosecution does not furnish the basis for a......
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...968, 169 N.Y.S.2d 37, 146 N.E.2d 793; Ashlaw v. Racquette River Paper Co., 1 A.D.2d 69, 75, 147 N.Y.S.2d 148, 152 affd. 2 N.Y.2d 744, 157 N.Y.S.2d 379, 138 N.E.2d 739; Hopkinson v. Lehigh Valley R.R. Co., 249 N.Y. 296, 300-301, 164 N.E. 104, Plaintiff Brown testified that he knew prior to F......
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