Wagener v. Harriott
City of New York Municipal Court
Motion for new trial on the merits. John We cl mark, was arrested by the police and sent to the Lunatic Asylum at Ward’s Island, on the summary commitment of a magistrate made pursuant to the act of 1874 (c. 446, § 1). At the time of Wedraark’s arrest the police took from his person $485, and passed it over to tho defendant as property clerk of the police department (2V. Y. Consolidation Act of 1882, § § 288-293). Wedmark, while in the asylum, to wit: on September 7,1887,…
Read the full summary
Motion for new trial on the merits. John We cl mark, was arrested by the police and sent to the Lunatic Asylum at Ward’s Island, on the summary commitment of a magistrate made pursuant to the act of 1874 (c. 446, § 1). At the time of Wedraark’s arrest the police took from his person $485, and passed it over to tho defendant as property clerk of the police department (2V. Y. Consolidation Act of 1882, § § 288-293). Wedmark, while in the asylum, to wit: on September 7,1887, assigned his claim on the fund to the plaintiff, who thereupon demanded the money, and on the defendant’s refusal to pay…
1Opinion of the Court
McAdam, Ch. J.
Wedmark had committed no offence, and the money taken from his person was not the proceeds of crime. The defendant became possessed of it for safekeeping only, and was bound to return it upon demand. The fact that Wedmark was committed to the Asylum did not incapacitate him from making a legal transfer of the right of action. Xo committee of the person and estate of the lunatic has been appointed, and until inquisition and office found, the acts of the lunatic are voidable only—not void (Ingraham v. Baldwin, 9 N. Y. 45*; Matter of Beckwith, 3 Hun, 443†; Fitzhugh v. Wilcox, 12…
2Cases cited7 opinions
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Jackson ex dem. Merritt v. GumaerNew York Supreme Court · 1824
- Ingraham v. . BaldwinNew York Court of Appeals · 1853
- Fitzhugh v. WilcoxNew York Supreme Court · 1851
- Ingraham v. BaldwinNew York Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Duboff v. HaslanAppellate Division of the Supreme Court of the State of New York · 1921
- Martello v. CagliostroNew York Supreme Court · 1924
- People v. MillerNew York Court of General Session of the Peace · 1934