Allen v. . Kelly
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1901, affirming a judgment in favor of plaintiff for a portion of the claim sued for, entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The sureties upon the guardian’s bond continued liable after the infant arrived at the age of fourteen years.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1901, affirming a judgment in favor of plaintiff for a portion of the claim sued for, entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The sureties upon the guardian’s bond continued liable after the infant arrived at the age of fourteen years. (Code Civ. Pro. § 2828.) The Surrogate’s Court had jurisdiction of the proceedings instituted by Kathryn T. Fahy,…
1Opinion of the CourtHaight, J.
This action was brought to recover of the sureties upon the bond of James W. Rally, as general guardian of the plaintiff, the balance of moneys in the hands of such guardian belonging to the plaintiff.
Rally was appointed general guardian of the plaintiff on the 23d day of June, 1885, by the surrogate of Monroe county upon his giving a bond to the plaintiff in the usual form in the sum of two thousand five hundred dollars, conditioned that Rally, upon being appointed such general guardian, “ shall in all things faithfully discharge the trust reposed in him and obey all lawful directions of the…
2Cases cited2 opinions
- Cole v. . GourlayNew York Court of Appeals · 1880
- Clark v. MontgomeryNew York Supreme Court · 1856
3Cited by1 opinion
- Municipal Court of Providence v. United States Fidelity & Guaranty Co.Supreme Court of Rhode Island · 1918