American Mortgage Co. v. Dewey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William 0. Dewey, as next relative to Ella- F. Dewey, one of the defendants in the action, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of May, 1905, denying the appellant’s motion for an order appointing a proper- person to appear in this action for the purpose of protecting thé interests of said defendant Ella F. Dewey, an alleged insane…
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Appeal by the defendant, William 0. Dewey, as next relative to Ella- F. Dewey, one of the defendants in the action, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of May, 1905, denying the appellant’s motion for an order appointing a proper- person to appear in this action for the purpose of protecting thé interests of said defendant Ella F. Dewey, an alleged insane person, upon a reference in surplus-money proceedings. This action was brought to foreclose a mortgage and has resulted in a…
1Opinion of the Court
O’Brien, P. J.:
The view entertained by the learned judge at Special Term was that the court had no power to grant the application. It must be conceded, in view of the wife’s relation to the property out of which the surplus fund has grown, and the fact that she appears to be mentally incapable of protecting her own interest, that if the power exists it should be exercised in the appointment of a guardian or some suitable person to protect her interest in the surplus realized after a sale of the property under a judgment of foreclosure.
In approaching this question of the power of the court we…
2Cases cited4 opinions
- Matter of BlewittNew York Court of Appeals · 1892
- Behlen v. BehlenAppellate Division of the Supreme Court of the State of New York · 1902
- Hanley v. BrennanCity of New York Municipal Court · 1887
- O'Brien v. O'BrienNew York Supreme Court · 1895
3Cited by9 opinions
- Bernstein v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1919
- In re LanhamNew York Supreme Court · 1955
- In re AndrewsAppellate Division of the Supreme Court of the State of New York · 1908
- New York City Housing Authority v. PenaCity of New York Municipal Court · 1953
- Rudolph Wurlitzer Co. v. WilliamsNew York Supreme Court · 1924
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