Olshen v. Kaufman

*425LUSK, J.

This is an action to recover the balance owing on a check for $5,750 given to the plaintiff by the defendant Leonard I. Kanfman, Jr. The other defendant, Leon W. Behrman, is the gnardian of the estate of Leonard I. Kanfman, Jr., a spendthrift. When the action was commenced the only defendant was Kaufman; the guardian was not made a defendant until after the case came on for trial.

The question is whether, under the statute of this state providing for the appointment of guardians for spendthrifts, recovery may be had on the contract of a spendthrift when his guardian has repudiated the…