¶1Upon the trial the defendants requested the court to hold that no cause of action for malicious prosecution was established, and the court refused so to hold, and the defendants excepted. We think this exception was well taken. There was no sufficient proof of want of probable cause to maintain the action for malicious prosecution, therefore a new trial should be ordered. Judgment and order reversed, and a new trial ordered, with costs to abide .the event.
21 N.Y.S. 1126
Holden v. Staring
Decided November 15, 1892
New York Supreme Court · decided 1892-11-15
Action by Porter Holden against Daniel Staring and others for false imprisonment and malicious prosecution. Judgment for plaintiff, from which, and an order denying a new trial, defendants appeal. Reversed.
Decided 1892-11-15