Legal Opinion

Potter v. . Ogden

New York Court of Appeals

Decided January 17, 1893PublishedCited by 15 opinions

Appeal from order of tlie General Term of the Supreme Court in the first judicial department, made June 29, 1892, which sustained plaintiff’s exceptions taken upon the trial to the granting of a motion to dismiss the complaint and granted a new trial.

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Appeal from order of tlie General Term of the Supreme Court in the first judicial department, made June 29, 1892, which sustained plaintiff’s exceptions taken upon the trial to the granting of a motion to dismiss the complaint and granted a new trial. This action was brought upon the bond given by John W. Mills, as administrator of Abigail Hall, deceased, against defendants, as executors of the last will and testament of Samuel E. Lyon, deceased, who was one of the sureties on said bond. The facts, so far as material, are stated in the opinion. There has been no such proper determination of a…

1Opinion of the CourtFinch, J.

In the childhood of the plaintiff, and when she was about six or seven years old, her grandmother died, leaving an estate, the infant’s distributive share of which was something over ten thousand dollars. The law, as usual, undertook to preserve it for her in pity for her incapacity, but was unfortunate both in the choice of its agents and the ultimate results of the control which it asserted. The child, grown up to womanhood, asks the court whose ward she has been for the property which it kept from her hands, and is told that it is utterly lost and wasted, that possibly one of two groups of…

2Cases cited6 opinions

  1. Jones v. . JonesNew York Court of Appeals · 1888
  2. Ingersoll v. . MangamNew York Court of Appeals · 1881
  3. Staples v. . FairchildNew York Court of Appeals · 1849
  4. Perkins v. . StimmelNew York Court of Appeals · 1889
  5. Litchfield v. BurwellNew York Supreme Court · 1850

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3Cited by15 opinions

  1. Sackheim v. . PigueronNew York Court of Appeals · 1915
  2. Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981
  3. State Ex Rel. Lynch v. WhitehouseSupreme Court of Connecticut · 1907
  4. Story's Admr. v. HallSupreme Court of Vermont · 1912
  5. Brater v. HopperNew York Supreme Court · 1894

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