Schell v. Cohen
New York Supreme Court
Appeal from special term, New York county. Action by Theodore O. Schell against Jacob Cohen to recover money paid on. a contract to purchase land, together with the expense of examining title, on account of a defect in defendant’s title. Judgment was for plaintiff, and defendant appeals.
1Opinion of the CourtBarrett, J.
The defendant’s title came through a sale under a decree of foreclosure. The sole objection to this title is that the guardian ad litem for an infant defendant failed to acknowledge his consent to become such guardian. The infant was under 14 years of age, and he resided with his mother, in this state. At the time of the commencement of the action, he was temporarily absent from the state. His temporary abode was Old Bridge, H. J. Upon proof of these facts the court made an order designating Jeff. M. Levy guardian ad litem nisi, and directing personal service of such order upon the mother.…
2Cases cited5 opinions
- Croghan v. . LivingstonNew York Court of Appeals · 1858
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- Gribbon v. . FreelNew York Court of Appeals · 1883
- Gotendorf v. . GoldschmidtNew York Court of Appeals · 1880
- Rogers v. . McLeanNew York Court of Appeals · 1866
3Cited by4 opinions
- Smith v. . ReidNew York Court of Appeals · 1892
- Baumeister v. DemuthAppellate Division of the Supreme Court of the State of New York · 1903
- Taylor v. EmmetAppellate Division of the Supreme Court of the State of New York · 1910
- Taylor v. EmmetAppellate Division of the Supreme Court of the State of New York · 1910