Rutter v. Puckhofer
The Superior Court of New York City
Appeal from an order setting aside the summons and complaint and all subsequent proceedings in this action. The action was to recover damages for the unlawful taking of the personal property of the plaintiff. The defendants were Claus Puckhofer and Charles F, Watts. They jointly answered the complaint, denying generally every allegation, and claiming the property under an. execution.
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Appeal from an order setting aside the summons and complaint and all subsequent proceedings in this action. The action was to recover damages for the unlawful taking of the personal property of the plaintiff. The defendants were Claus Puckhofer and Charles F, Watts. They jointly answered the complaint, denying generally every allegation, and claiming the property under an. execution. The action was at issue about the 20th September, 1861. Upon affidavits that the plaintiff, at the commencement of the action, was an infant, and that no guardian had been appointed for him, the defendants moved,…
1Opinion of the Court
By the Court—Monell, J.
It is not disputed that the plaintiff was an infant at the commencement of the action, nor that he did not procure the appointment of a guardian. There ds some doubt whether he became of age before the motion was made. Two of the defendants’ affidavits give declarations of the plaintiff, showing him not to be of age, but the plaintiff swears he became of age in December, 1861, and he proves it by the family record, usually the best evidence of the fact.
I am inclined to believe the plaintiff’s statement, and to assume that he was of age when the motion was made.
It is not…
2Cited by6 opinions
- Rima v. Rossie Iron WorksNew York Court of Appeals · 1890
- McMurray v. McMurrayNew York Supreme Court · 1870
- Wolford v. OakleySuperior Court of Buffalo · 1872
- Bar v. MitchnickAppellate Division of the Supreme Court of the State of New York · 1914
- D'Elisa v. RittondoNew York Supreme Court · 1919
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