Phillips v. Liebmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph Liebmann and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 20th day of March, 1896, upon the verdict of' a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Hew York, and also from an order entered in said clerk’s office on the 6th day of April, 1896, denying the defendants’…
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Appeal by the defendants, Joseph Liebmann and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 20th day of March, 1896, upon the verdict of' a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Hew York, and also from an order entered in said clerk’s office on the 6th day of April, 1896, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
On the 31st of December, 1888, Henry Semcken and another were appointed by the surrogate general guardians of Lula E. Walker, and they, with the two defendants, gave the usual guardian’s bond. Semcken alone assumed the execution of the trust, and all the money of the infant came into his possession. In February, 1895, a petition was filed in the office of the surrogate asking for the removal of the guardians for reasons therein stated, and a citation was issued, directed to the guardians and to the two sureties, requiring them to appear on the 26th of February, 1895, at the *129Surrogat…
2Cases cited1 opinion
- Douglass v. . FerrisNew York Court of Appeals · 1893
3Cited by3 opinions
- Hornaday v. HornadayCalifornia Court of Appeal · 1949
- Central Hanover Bank & Trust Co. v. de la VegaNew York Supreme Court · 1954
- Hornaday v. HornadayCalifornia Court of Appeal · 1949