60 A.D. 548 | N.Y. App. Div. | 1901
It will be conceded, in harmony with a long line of authorities, that this court has general jurisdiction over guardians. So far back
' The action is brought to recover from the estate of certain infants in the hands of the Kings County Trust Company as the guardian
Conceding all of these allegations to be true, has the plaintiff stated facts sufficient to constitute a cause of action against the estate of these infants, for this is the object sought ? There is no-suggestion that the defendant the Bangs County Trust Company has made any improper disposition of the funds, or that it has in any manner departed from the directions in the decree under which it is acting as the guardian of the estate of these infants. It is not suggested that the goods were purchased or delivered at the request of the guardian of the estate, nor that the Kings County Trust Company has neglected or refused to provide for the necessaries of these infant wards. On the contrary, plaintiff alleges that the. defendant John B. Reilly has “ received moneys of said infants far more than sufficient to have paid plaintiff’s claim since the same accrued,” and he likewise alleges.that the goods were sold and delivered upon the promise of the said Reilly “ that said supplies would be paid for out of the estate of said infants with the funds passing through his hands as such guardian.” It appears from the plaintiff’s own statement of the case that the estate' of the-infants has already placed in the hands of the defendant Reilly sufficient funds to meet the demand; that the goods were sold and delivered, not on the order or with the knowledge of the Kings County Trust Company, but upon the strength of the assurances of the defendant Reilly that he would pay the same out of the funds which we may assume were directed to be paid to him by the Kings County Trust Company.
The judgment appealed from should be affirmed, with costs.
All concurred.
Judgment affirmed, with costs.