Beitch v. State

Appellate Division of the Supreme Court of New York

Beitch v. State

280 A.D. 855

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 1952

DocketClaim No. 28137

StatusPublished

This text of 280 A.D. 855 (Beitch v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beitch v. State, 280 A.D. 855 (N.Y. Ct. App. 1952).

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Opinion

Claimant appeals from a judgment of the Court of Claims dismissing after trial his claim for damages for false imprisonment in two State mental institutions. The original order of commitment was made by the Supreme Court of Xew York County on December 19, 1933. The Court of Claims held that the order was made in conformity with the statute then in effect, but, even if erroneously made, was valid on its face and issued by a court of competent jurisdiction. Hence the superintendent of the institution to whom it was directed was obliged to receive claimant and no liability for false imprisonment ensued against the State (Bouglas v. State of New York, 295 X. Y. 941; Warner v. State of New York, 297 X. Y. 395). Judgment unanimously affirmed, without costs. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ. [193 Mise. 350.] [See post, p. 1002.]

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Claimant appeals from a judgment of the Court of Claims dismissing after trial his claim for damages for false imprisonment in two State mental institutions. The original order of commitment was made by the Supreme Court of Xew York County on December 19, 1933. The Court of Claims held that the order was made in conformity with the statute then in effect, but, even if erroneously made, was valid on its face and issued by a court of competent jurisdiction. Hence the superintendent of the institution to whom it was directed was obliged to receive claimant and no liability for false imprisonment ensued against the State (Bouglas v. State of New York, 295 X. Y. 941; Warner v. State of New York, 297 X. Y. 395). Judgment unanimously affirmed, without costs. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ. [193 Mise. 350.] [See post, p. 1002.]

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Bluebook (online)

280 A.D. 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beitch-v-state-nyappdiv-1952.