Stanley v. Chappell
New York Supreme Court
On demurrer to the declaration. This was in debt an award. It began thus: “Elijah Stanley, as guardian and security for Amanda Stanley, Dyer Stanley, &c., heirs at law of Dyer Stanley, deceased, plaintiff in this suit, com- , . „ „ J J , .’ r L ’ . plains, &c. It then set forth, m the first count, mutual bonds of arbitration as between the plaintiff (not him guardian, &c.) and the defendants, binding the parties to abide an award concerning differences, &c., between parties.
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On demurrer to the declaration. This was in debt an award. It began thus: “Elijah Stanley, as guardian and security for Amanda Stanley, Dyer Stanley, &c., heirs at law of Dyer Stanley, deceased, plaintiff in this suit, com- , . „ „ J J , .’ r L ’ . plains, &c. It then set forth, m the first count, mutual bonds of arbitration as between the plaintiff (not him guardian, &c.) and the defendants, binding the parties to abide an award concerning differences, &c., between parties. It then set forth an award that the defendants r should pay to “ the said plaintiff as guardian and security as…
1Opinion of the Court
Curia, per Sutherland, J.
The first ground of objection to the declaration, appears to be fatal. The plaintiff describes himself as guardian, and security for Amanda "Stanley, and others;, but does not show how he is guardian and security, or that he was specially appointed by the court, or that those for whom he assumes, to act, are infants. In 2 Saund. 117, f. note (1,) it is expressly laid down 'that if an infant sues, by guardian or prochein amy, without saying, by this, court here, specially admitted, it is error. He is supported by the case of Combers v. Walton, (1 Lev. 224;) and in…
2Cited by2 opinions
- Sheldon v. HoyNew York Supreme Court · 1855
- Middleton v. WohlgemuthAppellate Division of the Supreme Court of the State of New York · 1910