In Re the Estate of Thurber
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made October 3, 1899, affirming an order of Special Term denying the application of petitioner to be released as surety upon the bond of the respondent herein. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made October 3, 1899, affirming an order of Special Term denying the application of petitioner to be released as surety upon the bond of the respondent herein. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The statement contained in the order of affirmance relieves this court from considering any question except the one proposition of law which that certificate presents. (Tolman v. S., B. & N. Y. R. R. Co., 92 N. Y. 353.) Surety companies come…
1Opinion of the CourtVans, J.
This proceeding was commenced by an application made by the American Surety Company of Bew York, under section 812 of the Code of Civil Procedure, to be released as surety upon the bond of Fannie C. Thurber, the committee of Edmund G. Thurber, an incompetent person.
In October, 1897, Edmund G. Thurber was adjudged a lunatic, and Fannie C. Thurber was appointed his committee upon giving a bond in the usual form in the penalty of $50,000. The bond was given on the 20th of August, 1898, the American Surety Company signing the same as surety in consideration of $50, paid down by Mrs. Thurber, and…
2Cases cited2 opinions
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