Tobin v. Cary

Decided January 15, 1885

New York Supreme Court · decided 1885-01-15

Controversy submitted upon an agreed statement of facts, as provided in section 1279 of tbe Code of Civil Procedure. Thomas J. Tobin purchased a bouse and lot known as No. 170 East 113th street, in tbe city of New York, at a foreclosure sale held in said city on tbe 29th day of September, 1881.

Decided 1885-01-15

Per Curiam:

¶1The only question submitted in this case is whether the court had power to allow the amendment by an acknowledgment nwno pro tuno of the consent of a guardian to his appointment as such. We are of opinion that under section 723 of the Code of Civil Procedure that that power exists, and that the order of the court, as duly executed by the amendment of the record by inserting the acknowledgment, removed all objections to its validity.

¶2There should be judgment in favor of Tobin requiring the purchasers Cary & Roth to perfect their purchase. By the stipulation in the case no costs are to be awarded.

Present — Davis, P. J., Beady and- DaNiels, JJ.

¶3Judgment ordered for plaintiff on case submitted, without costs.