Perlmutter v. Steen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Aaron Stern and Meyer Branner, doing business under the name and style of Greater New York Pickle Works, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the. county of New York on the 7tli’day of May, 1903, granting the plaintiff’s motion to prosecute the action as a poor person. The facts are stated in the dissenting opinion of Van Brunt, P. J.
1Opinion of the Court
Patterson,, J.:
This is an appeal from an order allowing the infant plaintiff -to sue as a poor person.. Several objections are. urged to the maintenance of the order. It is only necessary to consider one of them.
*161The father of the infant was appointed guardian ad litem, and, in his petition for appointment, he stated that he was worth the sum of $250 over and above all liabilities, which money was invested in a small candy business, from which he supported his family; but, he added, that the business was seizable under an execution. It was held in Rutkowsky v. Cohen (74 App. Div. 415) that…
2Cases cited2 opinions
- Rutkowsky v. CohenAppellate Division of the Supreme Court of the State of New York · 1902
- Muller v. BammannAppellate Division of the Supreme Court of the State of New York · 1902