117 N.Y.S. 376 | N.Y. App. Div. | 1909
This is an action for malicious prosecution. It was conceded that the defendant procured the arrest of the plaintiff upon a charge of forgery in the third degree; and that, after an examination before the magistrate, the proceedings were terminated by his discharge. The only questions remaining, therefore, were those of want of probable cause and malice. In April, 1907, plaintiff was the treasurer of a corporation known as the Structural Concrete Company. One Charles F. Varney was the president, and the defendant, who is a lawyer, was the secretary of the same company. The company had assumed the performance of some uncompleted contracts of a bankrupt corporation called George A. Varney & Company, of which the defendant was also the receiver. In February, 1907, the capital stock of the Structural Concrete Company was $25,000, of which the plaintiff held 63 shares. Shortly thereafter he signed a consent to the increase of the capital stock to' $100,000, which had been prepared by the defendant. In April, 1907, a new certificate of stock was filled out by the defendant in the name of the plaintiff for 170 shares. It was signed by the president of the company and afterward by the plaintiff as treasurer, who then took the new certificate of stock out of the stock book and indorsed upon the old certificate for 63 shares the word “ Can
The verdict was not excessive, under' the circumstances, and the judgment and the order denying the motion for a new trial should be affirmed, with costs.
Woodward, Jenics, Gaynor and Miller, JJ., concurred.
Judgment and order affirmed, with costs.