Norris v. Norris
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert L. Eorris, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 5th day of March, 1902, upon the report of a referee. The defendant had been the guardian for the plaintiff during her minority, and had in his possession certain moneys belonging to her.
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Appeal by the defendant, Robert L. Eorris, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 5th day of March, 1902, upon the report of a referee. The defendant had been the guardian for the plaintiff during her minority, and had in his possession certain moneys belonging to her. Upon the 26th day of March, 1900, after the plaintiff had become of age, a private settlement of accounts was had between-them whereby the sum of $606.81 was paid to the plaintiff by the= defendant and an agreement of settlement was…
1Opinion of the Court
Smith, J.:
Appellant can hardly claim ’that for the two items for which he has received credit in his private settlement with his ward, he was not in law liable to the plaintiff. There is no rule of law which would justify a trustee in loaning money on personal credit, and the payment of expenses of a third party and advancements of money to him from the funds of this "plaintiff is not sought to be- justified by the appellant’s attorney. But these expenditures from the plaintiff’s funds, although unauthorized, could have been ratified by the plaintiff, and I am unable to discover any legal…
2Cases cited2 opinions
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Kirby v. TaylorNew York Court of Chancery · 1822
3Cited by3 opinions
- In re Cuffe's EstateMontana Supreme Court · 1922
- Hoyt v. Dollar Savings BankAppellate Division of the Supreme Court of the State of New York · 1919
- Hoyt v. Dollar Savings BankAppellate Division of the Supreme Court of the State of New York · 1919