Douglass v. Low
New York Supreme Court
Appeal from an interlocutory judgment, entered upon an order overruling a demurrer interposed to tbe complaint. The facts admitted by the demurrer are : that defendant was the general guardian of plaintiff; that plaintiff came of age March 26, 1879; that about May 14, 1879, defendant represented to plaintiff ■that there was in his hands, as guardian, $4,363.10; that at least that amount was actually in defendant’s hands, as guardian; that about that time defendant gave…
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Appeal from an interlocutory judgment, entered upon an order overruling a demurrer interposed to tbe complaint. The facts admitted by the demurrer are : that defendant was the general guardian of plaintiff; that plaintiff came of age March 26, 1879; that about May 14, 1879, defendant represented to plaintiff ■that there was in his hands, as guardian, $4,363.10; that at least that amount was actually in defendant’s hands, as guardian; that about that time defendant gave plaintiff a note and mortgage of one Charles W. Low, a brother of defendant, for $3,200 and interest, dated March 29, 1879,…
1Opinion of the Court
By the Court :
Yery little need be said to show that this complaint sets forth a good cause of action.
The defendant insists that there has not been a sufficient rescission of the contract and offer to restore. But the plaintiff avers that he is ready and willing to assign or to cancel the note and mortgage, and that prior to the action he executed an assignment thereof to the defendant, and a satisfaction, and caused the same to be tendered to the defendant. He has done enough in this respect.
Next the defendant says that after he is of age a ward may settle with his guardian. (Kirby v. Taylor,…
2Cases cited4 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Johnson v. WatersSupreme Court of the United States · 1884
- Ross v. . WoodNew York Court of Appeals · 1877
- In re Van HorneNew York Court of Chancery · 1837