Perkins v. . Stimmel
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which overruled defendant’s exceptions and directed judgment in favor of plaintiff upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinions. The plaintiff cannot legally maintain this action; it should have been brought in the name of the infant by a guardian ad litem.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which overruled defendant’s exceptions and directed judgment in favor of plaintiff upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinions. The plaintiff cannot legally maintain this action; it should have been brought in the name of the infant by a guardian ad litem. (Code, §§ 468, 469, 470; Segelken v. Meyer, 94 N. Y. 479; Buerman v. Buerman, 17 Abb. N. C. 391; Bradley v. Amidon, 10…
1Opinion of the Court
The action was brought by the general guardian of an infant to recover from the sureties on a bond of a former guardian, now deceased, the amount of her estate which had been, as alleged, wholly converted to his own use by such former guardian. The bond on which this action is predicated was given on or about the 10th of April, 1882. The plaintiff, at the time of the giving of such bond by the defendants, was an infant, and was, at the time of the commencement of this action, an infant under the age of twenty-one years, and this action is brought in the name of Edward C. Perkins as the…
2Cases cited5 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Thomas v. BennettNew York Supreme Court · 1868
- Haight v. . BrisbinNew York Court of Appeals · 1885
- Hauenstein v. KullNew York Supreme Court · 1880
3Cited by32 opinions
- In re the Estate of IrvinAppellate Division of the Supreme Court of the State of New York · 1902
- Gronna v. GoldammerNorth Dakota Supreme Court · 1913
- Duck v. McGrathAppellate Division of the Supreme Court of the State of New York · 1914
- Berkin v. MarshMontana Supreme Court · 1896
- Potter v. . OgdenNew York Court of Appeals · 1893
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