Parish v. Parish
Appellate Division of the Supreme Court of the State of New York
Appeal by Jacob Rothschild, the purchaser at a partition sale had in the above-entitled action, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of August, 1902, denying the appellant’s application to be relieved from his purchase. The sale was made in pursuance of an interlocutory judgment in the usual form.
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Appeal by Jacob Rothschild, the purchaser at a partition sale had in the above-entitled action, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of August, 1902, denying the appellant’s application to be relieved from his purchase. The sale was made in pursuance of an interlocutory judgment in the usual form. At the time appointed for the closing the bidder declined to take title upon the ground that it is not marketable. The property in question was part of the estate of Daniel Parish,…
1Opinion of the Court
O’Brien, J. :
Rule 49 of the General Rules of Practice, having for its object the protection of infants, must, so far as its language is susceptible of extension, be construed in its broadest sense ; and so construed, we think the term “ connected in business ” with the attorney or counsel of the adverse party, contemplates any kind of business association and, therefore, would include cle'rks as well as partners. What the rule was intended to secure is the appointment of a guardian who has no business association with those representing adverse interests, so that the infant might obtain the…
2Cited by4 opinions
- Parish v. ParishAppellate Division of the Supreme Court of the State of New York · 1903
- Heuel v. SteinAppellate Division of the Supreme Court of the State of New York · 1914
- Parish v. ParishAppellate Division of the Supreme Court of the State of New York · 1903
- Heuel v. SteinAppellate Division of the Supreme Court of the State of New York · 1914