Otto v. . Van Riper
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed because the plaintiff has alleged in her complaint and also admitted at the trial that the guardian was dead; that no personal representative had been appointed, and that the guardian nor his representatives in this case had ever been…
1Opinion of the CourtO’Brien, J.
The recovery in this action was upon a bond given by the defendants as sureties upon the appointment of the plaintiff’s father as her general guardian, she being at that time an infant.
It is undisputed that the guardian received, at or about the time of his appointment, the sum of five hundred dollars, which belonged to the plaintiff, and for which he has never accounted. The main defense to the action is based upon the following facts found by the trial court: It appears that the defendants on becoming the sureties for the guardian, in order to indemnify themselves from any loss, procured…
2Cases cited3 opinions
- Perkins v. . StimmelNew York Court of Appeals · 1889
- Haight v. . BrisbinNew York Court of Appeals · 1885
- Long v. . LongNew York Court of Appeals · 1894
3Cited by9 opinions
- Sparr v. Globe Surety Co.Supreme Court of Kansas · 1917
- Alexander v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1903
- United States Fidelity & Guaranty Co. v. NashWyoming Supreme Court · 1912
- Yates v. ThomasNew York Supreme Court · 1901
- Ambrose v. United StatesCourt of Appeals for the D.C. Circuit · 1916
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