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

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 1938·Published

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.

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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.

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).

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254 A.D. 568 (Copeland v. Corn Exchange Bank Trust Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.