In re Kronberg
District Court, E.D. Arkansas
In the matter of bankruptcy proceedings of Isaac Kronberg. On petition to review a referee’s order suspending proceedings on the claim of a creditor alleged to be non compos mentis until the appointment of a suitable guardian to act in his behalf.
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In the matter of bankruptcy proceedings of Isaac Kronberg. On petition to review a referee’s order suspending proceedings on the claim of a creditor alleged to be non compos mentis until the appointment of a suitable guardian to act in his behalf. Herman Kronberg, who is alleged to be non compos mentis and incapable of taking care of liis business affairs, but has never been adjudged so by any court of competent jurisdiction, and has no guardian nor committee to manage his affairs,.has filed a claim by his next friend against the bankrupt estate. The referee in bankruptcy on objection of…
1Opinion of the Court
TRIEBER, District Judge,
(after stating the facts as above). The only question involved in this proceeding is whether a person, not a lunatic but alleged to be non compos mentis, can maintain an action by his next friend although he has never been adjudged to be non *204compos mentis by any court of competent jurisdiction, and no guardian or committee has been appointed to act for him.
While there are some few decisions which hold that when one is a lunatic or insane person he cannot sue by next friend, all- the authorities, English as well as American, hold that when the person is not actually…
2Cases cited19 opinions
- Florida Central & Peninsular Railroad v. BellSupreme Court of the United States · 1900
- Howard v. HowardCourt of Appeals of Kentucky · 1888
- Whetstone v. Whetstone's Ex'rsSupreme Court of Alabama · 1883
- Reese v. ReeseSupreme Court of Georgia · 1892
- Isle v. CranbyIllinois Supreme Court · 1902
14 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kalanianaole v. Liliuokalani ex rel. AndrewsHawaii Supreme Court · 1916