New v. New
New York Court of Chancery
Jacob New, upon a commission issued out of this court, was found to be incapable of managing his own affairs by reason of habitual drunkenness, and a committee of his person and estate was appointed. The complainant after-wards filed his bill in this suit, against the drunkard and his committee, for the specific performance of a contract alleged to have been made by the drunkard previous to the issuing of the commission.
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Jacob New, upon a commission issued out of this court, was found to be incapable of managing his own affairs by reason of habitual drunkenness, and a committee of his person and estate was appointed. The complainant after-wards filed his bill in this suit, against the drunkard and his committee, for the specific performance of a contract alleged to have been made by the drunkard previous to the issuing of the commission. The committee afterwards' applied to the chancellor, ex parte, and obtained an order appointing him guardian ad litem to appear and defend the suit for the drunkard, and to…
1Opinion of the Court
The Chancellor.
In the case of lunatics it appears to be well settled that they are to defend suits in equity by their committees; and that upon a joint bill filed against the lunatic and the committee of his estate, the latter, if he has no interest adverse to that of the lunatic, is, as a. matter of course, appointed guardian to appear and answer for him. (1 Coll. on Lun. 353. Shelf, on Lun. 424.) Where it appears from the complainant’s own bill that the t party proceeded against has been found to be a lunatic and that his estate is under the care of a committee, as by his own showing he is…
2Cited by2 opinions
- Sanford v. . SanfordNew York Court of Appeals · 1875
- Heller v. HellerNew York Supreme Court · 1851