Bieder v. Steinhauer
New York Supreme Court
Trial by the court upon agreed facts. The action was brought by Edwin J. Bieder, by his guardian, against George Steinhauer and Nelson Moore, executor of the last will, &c. of Linus Moore, as sureties upon a bond given by one John Bieder for the faithful performance of his duties as guardian of the plaintiff, an infant.
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Trial by the court upon agreed facts. The action was brought by Edwin J. Bieder, by his guardian, against George Steinhauer and Nelson Moore, executor of the last will, &c. of Linus Moore, as sureties upon a bond given by one John Bieder for the faithful performance of his duties as guardian of the plaintiff, an infant. It was admitted that John Bieder, while acting as such guardian, received and receipted for, in that capacity, certain specified moneys ; that he died a pauper ; that no administrator ■ of his estate was ever appointed, and that he left no assets or estate so far as the…
1Opinion of the CourtRumsey, J.
The sole question presented upon this action is whether it will lie against the surety upon the bond of a general guardian, without an accounting by the guardian, and after his death, when no personal representatives of his estate have been appointed and lie left no assets, so far as the parties have been able to discover. I think that it may now be regarded as settled that an action upon the bond of a general guardian or an administrator will not lie against the sureties without there has been an accounting or some other adjustment of the liability or some special circumstances exist to take…
2Cases cited6 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Gerould v. . WilsonNew York Court of Appeals · 1880
- Carow v. MowattNew York Court of Chancery · 1833
- Brown v. . SnellNew York Court of Appeals · 1874
- Farnsworth v. OliphantNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Coe v. PattersonAppellate Division of the Supreme Court of the State of New York · 1907
- Rouse v. PayneAppellate Division of the Supreme Court of the State of New York · 1907