Waring v. Crane & Canfield
New York Court of Chancery
The bill in this cause was filed in July, 1824, in the name of the complainants, who were infants, by A. Brunson, as the next freind of W. Waring, and by W. Baker, as the next friend of the other three complainants ; charging the defendants, who were executors, with mismanagement of the estate of the fattier of the complainants; and also alleging that one of the defendants was irresponsible.
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The bill in this cause was filed in July, 1824, in the name of the complainants, who were infants, by A. Brunson, as the next freind of W. Waring, and by W. Baker, as the next friend of the other three complainants ; charging the defendants, who were executors, with mismanagement of the estate of the fattier of the complainants; and also alleging that one of the defendants was irresponsible. An injunction was granted restraining the executors from selling or disposing of the estate. In October, 1825, upon the application of the defendants, and with the consent of the counsel for the…
1Opinion of the Court
The Chancellor.
If a bill is filed on behalf of an infant by his next friend, and the bill is dismissed or a decree is made in the cause before the infant is of age, he cannot be personally charged with the costs. They are to be charged against the next friend, unless there is a fund under the control of the court belonging to the infant, in which case the court may direct the costs to be paid out of that fund. (Taner v. Ivie, 2 Ves. sen. 466.) But the costs will not be charged on the infant’s estate, unless the court is satisfied the suit was brought in good faith, and with a bona fide intent…
2Cited by4 opinions
- Goishen v. Samor Realty Co.City of New York Municipal Court · 1938
- McCarthy v. AnableNew York Supreme Court · 1938
- Herrick v. StarkweatherNew York Supreme Court · 1889
- Clay ex rel. Stone v. BakerNew York Supreme Court · 1886