¶1The 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. ' • ’
14 N.Y.S. 339
Thorn v. Beard
Decided May 11, 1891
New York Supreme Court · decided 1891-05-11
Appeals from circuit court, Dutchess county. Action by William I. Thorn against Oliver T. Beard, for professional services rendered by plaintiff as an attorney. At the trial it appeared that part of such services were performed by plaintiff as guardian ad litem for minor children of defendant, in certain proceedings in the surrogate’s court, in which defendant’s interest was not identical with the interests of his children.
Decided 1891-05-11