Legal Opinion

Douglas v. State

New York Court of Claims

Decided January 26, 1945PublishedCited by 6 opinions

1Opinion of the CourtGreenberg, J.

Motion was made to dismiss the claim herein on the ground that it fails to set forth facts sufficient to constitute a cause of action.

The claim is for the recovery of damages sustained on account of the alleged false arrest and imprisonment of the claimant in the St. Lawrence State Hospital, pursuant to an allegedly void and illegal order of commitment made by Eobert S. Waterman, the duly elected, qualified and acting Special Surrogate of St. Lawrence County. It is claimant’s contention that the Special Surrogate lacked power to make the order of commitment since the Surrogate, the County…

2Cases cited3 opinions

  1. Matter of Rudd v. HazardNew York Court of Appeals · 1935
  2. Seymour v. MercerNew York Supreme Court · 1856
  3. Zuckerman v. Sanitarium Co.Oregon Supreme Court · 1919

3Cited by6 opinions

  1. Warner v. StateNew York Court of Claims · 1947
  2. Porter v. StateNew York Court of Claims · 1947
  3. Reilly v. StateNew York Court of Claims · 1948
  4. Guzy v. GuzyNew York Supreme Court · 1959
  5. Durante v. County of OnondagaNew York Supreme Court · 1955

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