McGarity v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeals in three cases from judgments ■ in favor of defendant, rendered in the Municipal Court of the city of New York, eleventh district, borough of Manhattan.
1Opinion of the CourtDowling, J.
At the time this action was commenced, the plaintiff was a minor; before the day of trial he had become of full age. This latter fact appeared upon the cross-examination, and the defendant thereupon amended its answer by setting up want of capacity in plaintiff to sue and moved to dismiss the complaint which was granted. This was error. The omission to appoint a guardian for an infant plaintiff is at most an irregularity, and does not affect the jurisdiction of the court. Goodfriend v. Robins, 92 N. Y. Supp. 240; Rima v. Rossie Iron Works, 120 N. Y. 433. The plaintiff having arrived at full…
2Cases cited2 opinions
- Rima v. Rossie Iron WorksNew York Court of Appeals · 1890
- Goodfriend v. RobinsAppellate Terms of the Supreme Court of New York · 1905
3Cited by2 opinions
- Pacilio v. ScarpatiCity of New York Municipal Court · 1937
- Winterroth v. CoxAppellate Terms of the Supreme Court of New York · 1912