Pond v. Curtiss
New York Supreme Court
Demurrer to pleas. The plaintiff declared in covenant for the non-payment of rent. The declaration contained two counts ; in the first the demise was set forth in substance, in the second in hcec verba. The lease was stated to have been executed on 20th August, 1817, term to expire on 26th January, 1819, when the rent reserved, viz. #206, was to be paid.
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Demurrer to pleas. The plaintiff declared in covenant for the non-payment of rent. The declaration contained two counts ; in the first the demise was set forth in substance, in the second in hcec verba. The lease was stated to have been executed on 20th August, 1817, term to expire on 26th January, 1819, when the rent reserved, viz. #206, was to be paid. The commencement of the lease was thus: “It is agreed by and between Elial Curtiss, of the town of, &c. a minor, by Billious Pond, of the same place, his guardian, of the first part, and Elisha Curtiss, of the same place, of the second part,…
1Opinion of the Court
By the Court,
Sutherland, J.
The principal question arising upon the demurrer is, whether the suit can be maintained in the name of the guardian. The defendant contends that it-should have been brought in the name of the ward. The guardian had competent authority to make the lease He may lease the real estate of his ward during the minority, but no longer. Bacon’s Abr. Guardian, 9. 2 Willes, 129, 135. He cannot sell it without the previous order of the court of chancery, 7 Johns. Ch. ft. 154. 2 Kent’s Comm. 187. Among the very numerous cases cited by the counsel for the defendant, I find none…
2Cited by10 opinions
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