Legal Opinion · Dissent
Mtr. of Knox (Columbia Banking)
New York Court of Appeals
Decided March 28, 1985Published
1DissentJasen, J.
By its holding today, the majority effectively defeats statutory provisions which operate to safeguard funds held in trust on behalf of infants against unauthorized actions of guardians.
In 1978, Robert D. Tyler, an infant, sustained serious injuries when bitten by a dog while residing with his family in Kentucky. The infant’s family retained an attorney to pursue the personal injury action and, prior to settlement, moved to New York. The settlement of the Kentucky action in the sum of $25,000 produced a net award to the infant in the amount of $14,849.23. The infant’s father, Paul E. Tyler,…
2Cases cited26 opinions
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Wen Kroy Realty Co. v. Public National Bank & Trust Co.New York Court of Appeals · 1932
- Fidelity & Deposit Co. v. Queens County Trust Co.New York Court of Appeals · 1919
- United States Fidelity & Guaranty Co. v. AdoueTexas Supreme Court · 1911
- Blackmon v. HaleCalifornia Supreme Court · 1970
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