Kent v. West
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Onondaga county. Action by Charles S. Kent against Isaac S. West, as guardian and committee of the property of Asa K. West, for professional services. From an order denying without prejudice a motion to. restrain plaintiff from suing Isaac S. West as committee, he appeals. Affirmed.
1Opinion of the CourtHardin, P. J.
Inasmuch as the Erie county court appointed the appellant committee of Asa K. West, it was competent for that court to grant an order giving leave to the plaintiff “to bring an action * * * in the supreme court of this state against Isaac S. West as committee of the property of Asa K. West, an incompetent person.” In Re Otis, 101 N. Y. 581, 5 N. E. 571, it was stated:
“That the committee had no interest in the property. That his possession was the possession of the court, and his authority that of his agent acting under its direction. * * * The committee thus becomes merely the officer or…
2Cases cited7 opinions
- Matter of Application of OtisNew York Court of Appeals · 1886
- Sanford v. . SanfordNew York Court of Appeals · 1875
- Mutual Life Ins. Co. v. . HuntNew York Court of Appeals · 1880
- De Groot v. JayNew York Supreme Court · 1859
- Pharis v. . GereNew York Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smith v. KeteltasAppellate Division of the Supreme Court of the State of New York · 1898