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Barnes v. Bollhorst

Herbert Barnes v. Karl Bollhorst

Barnes v. Bollhorst, 14 A.D.2d 774 (1961)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
October 2, 1961
Citations
14 A.D.2d 774219 N.Y.S.2d 9161961 N.Y. App. Div. LEXIS 8767

Opinion of the Court

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Questions of fact exist: (1) as to whether defendant, a private person, instigated or directed the arrest and imprisonment, as distinguished from merely furnishing information to police officers who made the arrest, for their guidance (cf. Francis v. Taft Cleaners & Dyers, 281 App. Div. 893 , motion for reargument and for leave to appeal denied 281 App. Div. 983 , motion for leave to appeal denied 305 N. Y. 930 ; Stearns v. New York City Tr. Auth., 24 Misc 2d 216 , affd. 12 A D 2d 451); and (2) as to whether there was probable cause for the arrest and imprisonment (cf. Agar v. Kelsey, 253 App. Div. 726 ). Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur. [28 Mise 2d 866.]

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1979: 21983: 11999: 12003: 219792026peak 1979 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Stearns v. N.Y. City Transit Auth., 24 Misc. 2d 216 (N.Y. Sup. Ct. 1960) 14
Agar v. Kelsey, 253 A.D. 726 (1937) 13
Francis v. Taft Cleaners & Dyers, Inc., 281 A.D. 893 (1953) 4

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