Greenburg v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1914, which modified and affirmed as modified an order of Special Term granting a motion to set aside a satisfaction of a judgment and to permit execution to issue on the judgment.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1914, which modified and affirmed as modified an order of Special Term granting a motion to set aside a satisfaction of a judgment and to permit execution to issue on the judgment. In April, 1902, the respondent, Michael Greenburg, then an infant about eight years of age, brought an action through Leo Greenburg, his father and guardian ad litem, to recover damages for personal injuries sustained by him as the result of defendant’s alleged negligence. After…
1Opinion of the CourtWerner, J.
Every case in which one of two innocent persons must suffer for the act or default of a third person, involves some hardship which the courts are unable to *509mitigate or prevent. The nearest approach to justice in such cases is to lay the burden upon the party through whose agency or initiative the wrong was made possible.
In the case at bar the question is whether the infant plaintiff or the defendant shall suffer for the dereliction of duty by the guardian ad litem in receiving money which he had no right to receive until he had qualified by giving a bond. ’ The language of the statute is that…
2Cases cited5 opinions
- Vohmann v. . MichelNew York Court of Appeals · 1906
- Crotty v. Eagle's Adm'rWest Virginia Supreme Court · 1891
- Eidam v. FinneganSupreme Court of Minnesota · 1892
- Weber v. . BridgmanNew York Court of Appeals · 1889
- Heiter v. JolineAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by7 opinions
- Paskewie v. East St. Louis & Suburban Railway Co.Illinois Supreme Court · 1917
- Anonymous v. AnonymousNew York Family Court · 1972
- Naujokas v. CareyNew York Supreme Court · 1968
- Valdimer v. Mount Vernon Hebrew Camps, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- In re the Estate of MedeNew York Surrogate's Court · 1998
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