Rouse v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Daniel F. Payne and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the 7th day of January, 1907, upon the decision, of the court rendered after a trial at the Essex Special Term.
1Opinion of the Court
Sewell, J.:
The question presented by this appeal is the liability of the defendants Payne, Hodgkins and Braman, as sureties upon the *668bond given by the defendant Whitney, as general guardian of the plaintiff.
The condition of the bond was that the said Whitney should faithfully discharge the duty of a guardian and render a true and just account of all money and property received by her.
The complaint, in substance,- alleges and the-proof shows that in January, 1895, the defendant Carrie A. Whitney was appointed administratrix of the estate of Thomas H."Bouse, deceased; that in April, 1900, a…
2Cases cited4 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- In re NollAppellate Division of the Supreme Court of the State of New York · 1896
- Fardette v. United States Fidelity and Guaranty Co. of BaltimoreAppellate Division of the Supreme Court of the State of New York · 1903
- Bieder v. SteinhauerNew York Supreme Court · 1885
3Cited by5 opinions
- In Re the Accounting of BergmanNew York Court of Appeals · 1942
- Thayer v. Erie County Savings BankAppellate Division of the Supreme Court of the State of New York · 1914
- Fitzpatrick v. National Surety Co.Supreme Court of Kansas · 1938
- Fassbender v. American Surety Co.New York Supreme Court · 1910
- In re the Judicial Settlement of the Accounts of SullardNew York Surrogate's Court · 1921