Martin v. Hann
Appellate Division of the Supreme Court of the State of New York
Motion .by the defendants, Alonzo Porter and John M. Goodwin, for a new trial, made upon a case containing exceptions, ordered to be heard at the Appellate Division . in the first instance upon the verdict of a jury in favor of the plaintiff for $1,125, rendered by direction of the court after a trial at the Allegany Trial Term.
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Motion .by the defendants, Alonzo Porter and John M. Goodwin, for a new trial, made upon a case containing exceptions, ordered to be heard at the Appellate Division . in the first instance upon the verdict of a jury in favor of the plaintiff for $1,125, rendered by direction of the court after a trial at the Allegany Trial Term. Both parties moved that the court direct a verdict, and a verdict was directed for the plaintiff for $1,125; to which direction the defendants excepted, and their exceptions were ordered heard by the Appellate Division in the first instance. Clara A. Hann was born…
1Opinion of the Court
Follett, J.:
The decree of the Surrogate’s Court entered on the accoúnting by the executrix of the general guardian is, unless impeached for fraud, conclusive as against the sureties of the guardian as to the amount due from his estate to the ward. (Code Civ. Proc. §§ 2606, 2607; Douglass v. Ferris, 138 N. Y. 192, 201; Altman v. Hofeller, 152 id. 498.) Under subdivisions 6 and 11 of section 2481 of the Code of Civil Procedure the Surrogate’s Court had power, upon the application of the sureties, to vacate or modify the decree for fraud, newly-discovered evidence, clerical error or other…
2Cases cited3 opinions
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Douglass v. . FerrisNew York Court of Appeals · 1893
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Smith v. Fidelity & Deposit Co.California Court of Appeal · 1933
- Allen v. KellyAppellate Division of the Supreme Court of the State of New York · 1900
- Van Zandt v. GrantAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Accounting of LawsonAppellate Division of the Supreme Court of the State of New York · 1899