Legal Opinion
Schall v. Irwin
New York Supreme Court
Decided April 15, 1923PublishedCited by 4 opinions
1Opinion of the CourtCropsey, J.
The ruling made upon the trial that the defendant Ida E. Irwin was not liable for the plaintiff’s detention under the order made by the county judge seems to have correctly stated the law. Emmerich v. Thorley, 35 App. Div. 452, 458; Fischer v. Langbein, 103 N. Y. 84; Marks v. Townsend, 97 id. 590, Gilbert v. Satterlee, 101 App. Div. 313, 316.
The reserved question is whether the defendant is equally relieved from liability by virtue of the certificate of the two examiners in lunacy. If she is, then the complaint should have been dismissed, for the only detention of the plaintiff was first…
2Cases cited4 opinions
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Emmerich v. ThorleyAppellate Division of the Supreme Court of the State of New York · 1898
- Gilbert v. SatterleeAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Estate of BrobstNew York Surrogate's Court · 1920
3Cited by4 opinions
- Houghtaling v. StateNew York Court of Claims · 1958
- Caminito v. City of New YorkNew York Supreme Court · 1965
- Holt v. HedbergCourt of Appeals of Texas · 1958
- Freitag v. Franklin Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1934