New York Court of Appeals

Edward E. Dean, Appellant v. John Kochendorfer, Respondent

February 19, 1924237 N.Y. 384

Summary

The New York Court of Appeals reversed the lower court's judgment and ordered a new trial, finding that the plaintiff established prima facie cases of both malicious prosecution and abuse of process. The court held that the magistrate acted without probable cause and with malice, using the process to compel the plaintiff to settle and to punish him.