Thorn v. Beard

New York Supreme Court

Thorn v. Beard

14 N.Y.S. 339, 39 N.Y. St. Rep. 30, 60 Hun 579, 1891 N.Y. Misc. LEXIS 1981

DecidedMay 11, 1891

StatusPublished

This text of 14 N.Y.S. 339 (Thorn v. Beard) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thorn v. Beard, 14 N.Y.S. 339, 39 N.Y. St. Rep. 30, 60 Hun 579, 1891 N.Y. Misc. LEXIS 1981 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Pratt, J.

The legal objection to plaintiff’s recovery from defendant for services rendered in the proceedings before the surrogate was placed by the circuit judge on the proper ground. In those proceedings plaintiff was guardian ad litem for defendant’s children. Their'interests were not identical with those of their father, and any agreement of the father to compensate the guardian would be contrary to public policy". The evidence does not show that any service was rendered before the appointment as guardian. As to the one item on which plaintiff was allowed to go to the jury we find no error. There was a question of fact upon which the verdict was decisive. Judgment affirmed. Ho costs. ' • ’

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Pratt, J.

The legal objection to plaintiff’s recovery from defendant for services rendered in the proceedings before the surrogate was placed by the circuit judge on the proper ground. In those proceedings plaintiff was guardian ad litem for defendant’s children. Their'interests were not identical with those of their father, and any agreement of the father to compensate the guardian would be contrary to public policy". The evidence does not show that any service was rendered before the appointment as guardian. As to the one item on which plaintiff was allowed to go to the jury we find no error. There was a question of fact upon which the verdict was decisive. Judgment affirmed. Ho costs. ' • ’

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Bluebook (online)

14 N.Y.S. 339, 39 N.Y. St. Rep. 30, 60 Hun 579, 1891 N.Y. Misc. LEXIS 1981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thorn-v-beard-nysupct-1891.