Clark v. Montgomery
New York Supreme Court
THIS action was brought upon a bond dated March 2, 1850, given by the defendants, in the penalty of $6000, to the plaintiffs, who were infants under the age of twenty-one years.
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THIS action was brought upon a bond dated March 2, 1850, given by the defendants, in the penalty of $6000, to the plaintiffs, who were infants under the age of twenty-one years. The condition of the bond, after reciting that the defendant Montgomery had applied to the surrogate of Tates county to be appointed general guardian of the plaintiffs, provided in substance and to the effect that in case the said Montgomery should be appointed such general guardian, and should faithfully and in all things discharge the duties of guardian to the plaintiffs, according to law, and should render a just…
1Opinion of the Court
By the Court, Welles, J.
It appears by the case that the referee received in evidence the petition to the surrogate, *470and proceedings founded thereon, with the order of the surrogate for the removal of Montgomery as general guardian of the plaintiffs. This evidence was offered for the purpose of proving, as stated by the counsel for the plaintiffs, that Montgomery acted fraudulently in the sale of the plaintiffs’ lands, as alleged in the complaint, and for the purpose of proving his actual removal as such guardian; which was objected to by the defendants’ counsel in due time and in proper form.…
2Cases cited2 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Coan v. OsgoodNew York Supreme Court · 1853
3Cited by2 opinions
- Allen v. . KellyNew York Court of Appeals · 1902
- Ryan v. BoltzThe Superior Court of New York City · 1882