Person v. Warren
New York Supreme Court
The defendant Bartlett and John 0. Fuller, the lunatic, executed and delivered to the defendant Warren a bond and warrant of attorney, bearing date the 22d day of February, 1848, by virtue of which the defendant Warren caused judgment to be perfected on the 22d day of February, 1848, for $1300 debt and $16,50 damages and costs.
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The defendant Bartlett and John 0. Fuller, the lunatic, executed and delivered to the defendant Warren a bond and warrant of attorney, bearing date the 22d day of February, 1848, by virtue of which the defendant Warren caused judgment to be perfected on the 22d day of February, 1848, for $1300 debt and $16,50 damages and costs. Execution was issued upon the judgment to the sheriff of Erie county, who, on the 29th day of July, 1848, sold certain real estate belonging to Fuller to the defendant Warren, and on the 16th day of September following he sold other real estate owned by said Fuller, to…
1Opinion of the CourtTaggart, J.
The defendants object to the plaintiff’s right to prosecute this action, insisting that the action ought to have been brought in the name of the lunatic himself, and that.it cannot be sustained in the name of the committee.
The case of Petrie v. Shoemaker, (24 Wend. 85,) was an action of ejectment in the name of the committee of a lunatic as plaintiff, in which case the court say The action is wholly misconceived. It should have been in the name of the non compos ; the committee have no estate in the lands. They are regarded as mere bailiffs acting under the direction of the court of chancery,…
2Cases cited4 opinions
- Blanchard v. NestleNew York Supreme Court · 1846
- McKillip v. McKillipNew York Supreme Court · 1850
- Odell v. BuckNew York Supreme Court · 1839
- Gorham v. GorhamNew York Court of Chancery · 1848
3Cited by13 opinions
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Fay v. BurdittIndiana Supreme Court · 1881
- Barreiro v. Bank of Italy National Trust & Savings Ass'nCalifornia Court of Appeal · 1932
- Henning v. RaymondSupreme Court of Minnesota · 1886
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