Johnson v. Ayres
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward 0. Johnson, as committee, etc., of Anna A. 0. Fries, a lunatic, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 4th day of November, 1896, upon the dismissal of his complaint after a trial at Chambers, without a jury, pursuant to a stipulation.
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Appeal by the plaintiff, Edward 0. Johnson, as committee, etc., of Anna A. 0. Fries, a lunatic, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 4th day of November, 1896, upon the dismissal of his complaint after a trial at Chambers, without a jury, pursuant to a stipulation. On or about the 15th day of December, 1886, one Anna A. C. Fries was duly adjudged a lunatic by the County Court of Onondaga county, and by the same judgment James A. McFarran was duly appointed committee of her person and estate upon…
1Opinion of the Court
Adams, J.:
By reference to section 2337 of the Code of Civil Procedure it will be found that the committee of the person or property of a lunatic is not invested with any power to act as such until security is given, if required by the court, in the same manner and to the same effect as is exacted of a person who is appointed guardian of the estate of an infant.
In this case it is made to appear that the court did require of McFarran, as a condition of .his- exercising the function's of committee of the' person and estate of the lunatic, that he should furnish satisfactory security; and this…
2Cases cited7 opinions
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- People v. . BackusNew York Court of Appeals · 1889
- Harrison v. . ClarkNew York Court of Appeals · 1882
- Battell v. . TorreyNew York Court of Appeals · 1875
- Merrells v. PhelpsSupreme Court of Connecticut · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Van Derhoef v. HartmannAppellate Division of the Supreme Court of the State of New York · 1901
- Allen v. KellyAppellate Division of the Supreme Court of the State of New York · 1900
- In re NashAppellate Division of the Supreme Court of the State of New York · 1913
- Thayer v. Erie County Savings BankNew York Supreme Court · 1913
- Wright v. HaydenNew York Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.