Reade v. Halpin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Helen Beade, from a judgment of the- Supreme Court in favor of the defendants, William J. Halpin and another, entered in the office of the clerk of the county of Rensselaer on the 11th day of May, 1920, pursuant to an order made at the Albany Special Term and entered in said clerk’s office'on the same day, dismissing the complaint as against the above-named defendants on the ground that said complaint as to the said defendants does nob stabe facts…
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Appeal by the plaintiff, Helen Beade, from a judgment of the- Supreme Court in favor of the defendants, William J. Halpin and another, entered in the office of the clerk of the county of Rensselaer on the 11th day of May, 1920, pursuant to an order made at the Albany Special Term and entered in said clerk’s office'on the same day, dismissing the complaint as against the above-named defendants on the ground that said complaint as to the said defendants does nob stabe facts sufficient to constitute a cause of action, and also from the order, upon which said judgment was entered, granting…
1Opinion of the Court
Cochrane, J..:
The complaint contains all the elements of an action for malicious prosecution, providing a proceeding for the commitment of an insane person under article 4 of the Insanity Law may constitute the basis for such action. It has been held in this State that an action cannot be maintained for the malicious prosecution of an ordinary civil action where the person or property of the defendant in that action is not *569interfered with by order of arrest, warrant of attachment or otherwise. (Paul v. Fargo, 84 App. Div. 9; Breckheimer v. Loew, 168 id. 956.) There is an irreconcilable…
2Cases cited1 opinion
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
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- Donovan v. BarnesOregon Supreme Court · 1976
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