Perkins v. . Stimmel
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which overruled defendant’s exceptions and directed judgment in favor of plaintiff upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinions. The plaintiff cannot legally maintain this action; it should have been brought in the name of the infant by a guardian ad litem.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which overruled defendant’s exceptions and directed judgment in favor of plaintiff upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinions. The plaintiff cannot legally maintain this action; it should have been brought in the name of the infant by a guardian ad litem. (Code, §§ 468, 469, 470; Segelken v. Meyer, 94 N. Y. 479; Buerman v. Buerman, 17 Abb. N. C. 391; Bradley v. Amidon, 10…
1Concurrence
The appellant makes two points against the judgment recovered in this action. First, that the plaintiff cannot maintain the action, but that it should have been brought in the name of the infant; second, that an action at law cannot be maintained against the sureties upon the bond of a general guardian until proceedings for an accounting have been had against the guardian. The first point must be deemed to have been waived, it not having been taken by demurrer or answer. (Code, § 499.)
The appellant argues that the objection is one going to the cause of action, and cites numerous authorities…
2Cases cited10 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
- Fulton Fire Insurance Co. v. . BaldwinNew York Court of Appeals · 1868
- Palmer v. . DavisNew York Court of Appeals · 1863
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