Copeland v. Corn Exchange Bank Trust Co.

Appellate Division of the Supreme Court of New York

Copeland v. Corn Exchange Bank Trust Co.

254 A.D. 568, 2 N.Y.S.2d 716, 1938 N.Y. App. Div. LEXIS 6597

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1938

StatusPublished

This text of 254 A.D. 568 (Copeland v. Corn Exchange Bank Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Copeland v. Corn Exchange Bank Trust Co., 254 A.D. 568, 2 N.Y.S.2d 716, 1938 N.Y. App. Div. LEXIS 6597 (N.Y. Ct. App. 1938).

Pincite

Opinion

In an action for malicious prosecution and false arrest, judgment dismissing the complaint at the close of the plaintiff’s case reversed on the law and a new trial granted, with costs to appellant to abide the event. Upon this record there is evidence from which the jury could infer that there was a malicious failure to disclose fully and fairly the facts and surrounding circumstances or a distortion of them for an ulterior purpose. Consequently, the question of malice and lack of probable cause should have been submitted to the jury. Lazansky, P. J., Hagarty, Carswell, Davis and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action for malicious prosecution and false arrest, judgment dismissing the complaint at the close of the plaintiff’s case reversed on the law and a new trial granted, with costs to appellant to abide the event. Upon this record there is evidence from which the jury could infer that there was a malicious failure to disclose fully and fairly the facts and surrounding circumstances or a distortion of them for an ulterior purpose. Consequently, the question of malice and lack of probable cause should have been submitted to the jury. Lazansky, P. J., Hagarty, Carswell, Davis and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

254 A.D. 568, 2 N.Y.S.2d 716, 1938 N.Y. App. Div. LEXIS 6597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/copeland-v-corn-exchange-bank-trust-co-nyappdiv-1938.