Hauenstein v. Kull

Van Vorst, J.—

The action is brought on an administratrix’s bond, executed by the defendant Kull as principal, and the other defendants as sureties, to recover a sum of money decreed by the surrogate of New York, to be paid by the administratrix to the plaintiff as general guardian.

The first ground of demurrer taken is, that the plaintiff has no legal capacity to sue, he not being the real party in interest, and because he is the general guardian, and not the guardian, ad Utem, of Louisa Kull, named in the title of the action.

The decree of the surrogate was, that the administratrix should pay…