Van Zandt v. . Grant
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 19, 1901, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. This action cannot be maintained by the general guardian of the infant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 19, 1901, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. This action cannot be maintained by the general guardian of the infant. (Buerman v. Buerman, 17 Abb. [N. C.] 391; Segelken v. Meyer, 94 N. Y. 473; Perkins v. Stimmel, 114 N. Y. 359.) This action cannot be maintained unless execution has been issued against…
1Opinion of the Court
Parker, Ch. J.
Katie J. Grant was appointed general guardian of Harry C. Yan Zandt, and received moneys belonging to him. Thereafter she died, and this plaintiff was appointed general guardian. She demanded an accounting by the administrator of Katie J. Grant as guardian, and the account not being voluntarily rendered, she obtained an order to show cause why an account should not be rendered, and a judicial settlement had. Such proceedings were then had, in pursuance of the provisions of the Code relating thereto, as resulted in a decree adjudging that there was due said infant from the estate…
2Cases cited2 opinions
- Perkins v. . StimmelNew York Court of Appeals · 1889
- Prentiss v. WeatherlyNew York Supreme Court · 1893
3Cited by1 opinion
- Dold v. DoldNew York Supreme Court · 1918