Legal Opinion

Calmbacher v. Neuman

The Superior Court of New York City

Decided February 15, 1892PublishedCited by 1 opinion

Appeal from an order of the special term allowing defendant to pay into court the amount of a judgment and. to have the judgment thereupon cancelled. The facts are fully stated in the opinion.

1Opinion of the CourtGildersleeve, J.

The plaintiff, an infant, by his. guardian ad litem, brought this action to recover damages-for injuries sustained while in the employment of defendants, and a verdict was rendered in his favor for $2,000 and judgment duly entered. Both parties agreed not to. appeal. The defendants, anxious to pay the judgment,, requested the guardian ad litem to give security, pursuant to section 474 of the Code, or have himself appointed general guardian of saidjnfant. Being unable to furnish the necessary security, he failed to comply with this-request. No execution was issued by the plaintiff. Upon motion…

2Cases cited2 opinions

  1. Becker v. . BoonNew York Court of Appeals · 1874
  2. Wuesthoff v. . Germania Life Ins. Co.New York Court of Appeals · 1888

3Cited by1 opinion

  1. Heiter v. JolineAppellate Division of the Supreme Court of the State of New York · 1909

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