Parish v. Parish
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Henry Parish, individually and as executor, and others, against Susan D. Parish and others. From an order denying application of Jacob Rothschild, purchaser at a partition sale, to be relieved of his bid, he appeals. The sale was made in pursuance of an interlocutory judgment in the usual form. At the time appointed for the closing, the bidder declined to take title upon the ground that it is not marketable.
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Appeal from special term, New York county. Action by Henry Parish, individually and as executor, and others, against Susan D. Parish and others. From an order denying application of Jacob Rothschild, purchaser at a partition sale, to be relieved of his bid, he appeals. The sale was made in pursuance of an interlocutory judgment in the usual form. At the time appointed for the closing, the bidder declined to take title upon the ground that it is not marketable. The property in question was part of the estate of Daniel Parish, deceased, who, by the third paragraph of his will, devised the same…
1Opinion of the CourtO’Brien, J.
Rule 49 of the general rules of practice, having for its object the protection of infants, must, so far as its language is susceptible of extension, be construed in its broadest sense; and, so construed, we think the term “connected in business” with the attorney or counsel of the adverse party contemplates any kind of business association, and therefore would include clerks as well as partners. What the rule was intended to secure is the appointment of a guardian who has no business association with those representing adverse interests, so that the infant might obtain the benefit of the free…
2Cited by1 opinion
- Parish v. ParishAppellate Division of the Supreme Court of the State of New York · 1903