Allen v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John S. Allen, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 31st day of January, 1900, upon the decision of the court rendered after a trial before the court without a jury at the Monroe Trial Term dismissing the complaint.
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial ordered, with costs to appellant to abide event.
The action was brought against the sureties upon the bond of James W. Fahy, as general guardian of the plaintiff, to recover a balance of moneys alleged to have been received by such guardian belonging to the plaintiff.
The guardian was appointed June 23, 1885, by the surrogate of Monroe county. He died April 3, 1898, and his wife was appointed his executrix May 26, 1898. A new general guardian of plaintiff was appointed, and an accounting was had before the surrogate as to the trust of…
2Cases cited10 opinions
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Potter v. . OgdenNew York Court of Appeals · 1893
- Dodge v. Frederick M. St. JohnNew York Court of Appeals · 1884
- Rhodes v. CaswellAppellate Division of the Supreme Court of the State of New York · 1899
- Johnson v. AyresAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by3 opinions
- In re FlynnNew York Supreme Court · 1908
- Van Zandt v. GrantAppellate Division of the Supreme Court of the State of New York · 1901
- Allen v. KelleyAppellate Division of the Supreme Court of the State of New York · 1901