New York Court of Appeals
Henry Anderson, Appellant v. Elisha M. How, Respondent
October 22, 1889116 N.Y. 336
Summary
The Court affirmed the dismissal of the malicious prosecution action, holding that the plaintiff failed to show a lack of probable cause and that, where facts are undisputed, the question of probable cause is for the court, not a jury. The dissenting judges argued the issue should have been submitted to a jury and would have reversed the judgment.