Battell v. . Torrey
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at Special Term and granting a new trial.
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Appeal from order of the General Term of the Supreme-Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at Special Term and granting a new trial. This action was brought for the foreclosure of a mortgage executed by Abram M. Black, as special guardian of the. defendant Torrey, to the plaintiff, for $1,400. The issue in the case was, whether the requirements of the statute “ authorizing proceedings in relation to the conveyance of lands by infants, and the sale and disposition of their estates,” had been so far complied with…
1Opinion of the Court
Gray, C.
The fact that Black, the grandfather of the infant Torrey, who, as the next friend of Torrey, petitioned for the appointment of himself as his special guardian for the purpose of selling or mortgaging his land, was also, as he claimed, the creditor of Torrey, and that his claim against his estate, for aught that appears by the proceedings, grew out of advances made and liabilities incurred by him, not as a guardian or by any authority whatever, but as a volunteer in maintaining a litigation in defence of his estate, and that the sale or mortgage asked for was to raise the means to pay…
2Cases cited3 opinions
- Striker v. KellyNew York Supreme Court · 1845
- Atkins v. KinnanNew York Supreme Court · 1838
- Rea v. M'EachronNew York Supreme Court · 1835
3Cited by14 opinions
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- Ammons v. AmmonsWest Virginia Supreme Court · 1901
- Coutts v. J. L. Kraft & Bros.New York Supreme Court · 1922
- Ellwood v. . NorthrupNew York Court of Appeals · 1887
- Matter of ValentineNew York Court of Appeals · 1878
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