In re Rising
New York Surrogate's Court
1Opinion of the Court
Griffiths, S.
This proceeding is instituted pursuant to the provisions of section 115-a of the Surrogate’s Court Act to fix and determine the liability of the respondent London & Lancashire Indemnity Company of America, hereinafter called the Company, as surety upon a general guardian’s bond. The petitioner is successor guardian to the principal, who has since died.
The decree made on the judicial settlement of the accounts of the deceased guardian fixed a surcharge in a sum exceeding the face amount of the bond. The question presented for determination in this proceeding is whether the…
2Cases cited11 opinions
- Columbia Hospital for Women and Lying-In Asylum v. United States Fidelity & Guaranty CoCourt of Appeals for the D.C. Circuit · 1951
- Powers v. . ClarkeNew York Court of Appeals · 1891
- United States v. American Surety Co. of New YorkCourt of Appeals for the Second Circuit · 1949
- Gutta-Percha & Rubber Manufacturing Co. v. HolmanAppellate Division of the Supreme Court of the State of New York · 1912
- Montgomery Ward & Co. v. Fidelity & Deposit Co.Court of Appeals for the Seventh Circuit · 1947
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3Cited by4 opinions
- Beck v. Continental Casualty Co.District of Columbia Court of Appeals · 2007
- Scranton Volunteer Fire Co., Inc. v. United States Fidelity and Guaranty Company, and Third-Party v. Allen E. Jewitt, Third-PartyCourt of Appeals for the Second Circuit · 1971
- United States Fidelity & Guaranty Co. v. ChristoffelCourt of Appeals of Arizona · 1977
- In the Matter of the Guardianship of Yuk Lan Moylan, Ward, Richard E. Moylan v. Lina Lelialoha Moylan AlstonSupreme Court of Guam · 2021