Hill v. Guaranty Trust Co.

Appellate Division of the Supreme Court of New York

Hill v. Guaranty Trust Co.

157 A.D. 907, 142 N.Y.S. 346

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1913·Published·Cited by 1 cases

Opinion

Per Curiam:

As the incompetent is made a party defendant, and a judgment is asked binding him as distinct from his committee, it is necessary that he should appear by a guardian ad litem, as no appearance without a guardian ad litem would be effective. The order appealed from is, therefore, reversed, and the Equitable Trust Company, the committee of the personal estate of the incompetent, is appointed his guardian ad litem. Present — Ingraham, P. J., Laughlin, Scott and Dowling, JJ. Order reversed and the Equitable Trust Company appointed guardian ad litem of the incompetent. Order to be settled on notice.

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Per Curiam:

As the incompetent is made a party defendant, and a judgment is asked binding him as distinct from his committee, it is necessary that he should appear by a guardian ad litem, as no appearance without a guardian ad litem would be effective. The order appealed from is, therefore, reversed, and the Equitable Trust Company, the committee of the personal estate of the incompetent, is appointed his guardian ad litem. Present — Ingraham, P. J., Laughlin, Scott and Dowling, JJ. Order reversed and the Equitable Trust Company appointed guardian ad litem of the incompetent. Order to be settled on notice.

Hill v. Guaranty Trust Co., 157 A.D. 907, 142 N.Y.S. 346 (N.Y. Ct. App. 1913).

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