Kurz v. Hess
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George M. Kurz, from a judgment of “the Supreme Court in favor of the defendant, Leonhard Hess, Sr., bearing date the 12th day of March, 1903, and entered in the office of the clerk of the county of Kings upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the plaintiff’s complaint.
1Opinion of the Court
Hooker, J. :
Plaintiff attained full age shortly before the commencement of this action. Defendants are the sureties who, with their principal, the guardian of the person and estate of the plaintiff, executed their *530certain bond conditioned that the guardian should in- all things faithfully discharge the trust imposed in him as guardian, and obey all lawful directions of the surrogate touching the infant’s estate.
The complaint alleges that the guardian failed in his execution of the trust imposed in him and that he collected certain moneys which he has appropriated to his own use. Paragraph 5…
2Cases cited5 opinions
- Kain v. . LarkinNew York Court of Appeals · 1894
- Hood v. . HoodNew York Court of Appeals · 1881
- Ketchum v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1896
- Otto v. . Van RiperNew York Court of Appeals · 1900
- Scharmann v. SchoellAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Duck v. McGrathAppellate Division of the Supreme Court of the State of New York · 1914
- United States Fidelity & Guaranty Co. v. NashWyoming Supreme Court · 1912