Sherman v. Ballou
New York Supreme Court
Motion, in behalf of the defendant, to set aside the report of referees.. The question before the referees was upon ¿to. offer to set off a demand of the defendant, against the plaintiff, arising under the following circumstances; The father of the defendant died in 1817, leaving three sons, and a widow. The defendant was over 14, and the other two were under that age.
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Motion, in behalf of the defendant, to set aside the report of referees.. The question before the referees was upon ¿to. offer to set off a demand of the defendant, against the plaintiff, arising under the following circumstances; The father of the defendant died in 1817, leaving three sons, and a widow. The defendant was over 14, and the other two were under that age. The property of the father, which descended to his three children, consisted of a- lot in the village of Utica. The widow was appointed guardian of the two younger •sons regularly. As to the defendant, a letter of guardianship…
1Opinion of the Court
Curia, per Savage, Ch. J.
The principal questions are,
1. "Whether the plaintiff derived any authority from the letter of guardianship, and his appointment under the assumed guardian. »
2. If not, whether the demand against the plaintiff is not joint, and in which all the tenants in common must join.
3. Whether any remedy exists at law, except an action of account in favor of the defendant, against the plaintiff for a proportion of the rents.
1. The surrogate is an officer created by statute, possessing no powers but such as are given him by the statute. He is authorised “ to allow of guardians,…
2Cases cited4 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Bigelow v. StearnsNew York Supreme Court · 1821
- Decker v. R. S. LivingstonNew York Supreme Court · 1818
- Weston v. E. &. H. WestonNew York Supreme Court · 1817
3Cited by11 opinions
- Kenney v. GreerIllinois Supreme Court · 1851
- Marshall v. . MoseleyNew York Court of Appeals · 1860
- Boyer v. ClarkNebraska Supreme Court · 1873
- McGehee v. RumpSupreme Court of Alabama · 1861
- Hopkins v. ErskineSupreme Judicial Court of Maine · 1919
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