Calmbacher v. Neuman
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by William Calmbacher, by Adolph Calmbacher, his guardian ad litem, against Louis E. Neuman and another. From an order directing payment of a judgment in favor of plaintiff into court he appeals.
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 said infant. 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
- Becker v. . BoonNew York Court of Appeals · 1874
- Wuesthoff v. . Germania Life Ins. Co.New York Court of Appeals · 1888
3Cited by4 opinions
- Rauth v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893
- Detroit Fidelity & Surety Co. v. KittelAppellate Division of the Supreme Court of the State of New York · 1930
- Lane v. Merit Enterprises, Inc.New York Supreme Court · 1955
- Wileman v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903