Barker v. . Washburn
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The verdict in this action cannot be sustained upon the ground that the appellants, or either of them, acted contrary to the will or wishes of the committee of Sutliff. (Burnett v. Bookstaver, 10 Hun, 481; Kolpke v. Bradley, 3 App. Div. 391; Bd. of Excise v. Sacrider,…
1Opinion of the CourtHiscock, J.
We are led to the consideration of rather unusual facts in this action which was brought for alleged false imprisonment. It was instituted by the respondent as committee of one Sntliff, an incompetent person, to recover for the alleged unlawful removal and restraint of his ward by the appellants. This conduct on the part of the latter is claimed to have been in violation of the will and wishes both of the incompetent himself and of the respondent as his committee, and apparently the real motive involved in this controversy over the possession of the idiot’s body is the purpose to reap a…
2Cases cited6 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- People Ex Rel. Pruyne v. . WaltsNew York Court of Appeals · 1890
- People ex rel. Wilcox v. WilcoxNew York Supreme Court · 1854
- Robalina v. ArmstrongNew York Supreme Court · 1852
- People ex rel. Tappan v. PorterThe Superior Court of New York City · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- People v. RensingNew York Court of Appeals · 1964
- Kajtazi v. KajtaziDistrict Court, E.D. New York · 1978
- Brown v. RistichNew York Court of Appeals · 1975
- Commonwealth v. LoomisSupreme Court of Pennsylvania · 1921
- State v. HerringSupreme Court of Missouri · 1916
19 more not listed; retrieve them via the Exa API.