Dodge v. Frederick M. St. John
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11,1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon a bond executed by defendant, given by John A. Thompson, as special guardian appointed in proceedings for the sale of plaintiff’s real estate.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11,1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon a bond executed by defendant, given by John A. Thompson, as special guardian appointed in proceedings for the sale of plaintiff’s real estate. The condition of the bond and the material facts are stated' substantially in the opinion. The bond in suit was void for want of an expressed penalty. (Beers v. Shannon, 73…
1Opinion of the CourtAndrews, J.
The defendant undertook by the bond upon which the action is brought, that Thompson, the special guardian of the infant plaintiff, appointed in proceedings for the sale of the infant’s real estate, should faithfully perform the trust reposed in him as guardian, and “ pay over, invest and account for all moneys and securities received by him as such guardian according to the order of the court.” The special guardian sold the interest of the infant in the lands described in the application and received the proceeds. He was subsequently required to account therefor, and on the accounting an…
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