Hauser v. Bartow
New York Court of Appeals
273 N.Y. 370, 7 N.E.2d 268 (1937)
- Written by Sarah Hoffman, JD
Facts
Augusta Bartow (defendant) initiated an action to have Emil Hauser (plaintiff) declared incompetent and have Bartow appointed to handle Hauser’s personal and property matters. Bartow testified that Hauser would be a danger to himself and others if he appeared in court. The court granted Bartow’s requests without Hauser appearing for or being aware of the proceedings. When Hauser eventually learned of the court orders, Hauser filed his own case. After a jury trial, Hauser was declared competent, and his rights were reinstated. Hauser then filed an abuse-of-process claim against Bartow. The trial court dismissed Hauser’s claim for failure to state a cause of action, and Hauser appealed.
Rule of Law
Issue
Holding and Reasoning (Hubbs, J.)
Dissent (Crane, C.J.)
What to do next…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
