Huang v. Young, 15874.

Decision Date09 June 1958
Docket NumberNo. 15874.,15874.
Citation256 F.2d 159
PartiesIda HUANG, Appellant, v. Calvin J. I. YOUNG, administrator of the estate of Lun Cho Young, deceased, and Sandra H. N. Young and Sylvia H. I. Young, by their guardian, ad litem, Clinton R. Ashford, Appellees.
CourtU.S. Court of Appeals — Ninth Circuit

N. W. Y. Char, Honolulu, Hawaii, William J. Gintjee, Jack P. Wong, San Francisco, Cal., for appellant.

Fong, Miho & Chuck, Earl S. Robinson, Stephenson & Ashford, Clinton R. Ashford, Honolulu, Hawaii, Jack W. Sing, San Francisco, Cal., for appellees.

Before HEALY, POPE and CHAMBERS, Circuit Judges.

CHAMBERS, Circuit Judge.

Appellant as plaintiff in the district court on the basis of diversity of citizenship brought suit against the parties as named above. Calvin J. I. Young was also joined in his individual capacity. Other defendants were the decedent's wife, Claire C. Young and an adult son, Marvin J. G. Young.

Claims in the complaint were commingled together without separate statement. At the root of the controversy was the sum of $12,000 alleged to have been loaned by the plaintiff to Lun Cho Young in his lifetime and not repaid. The complaint on its face showed the regular form of creditor's claim in probate was filed with the administrator after the legal time for presentation had elapsed. In due course, the claim was rejected by the administrator. Plaintiff alleged certain facts intended to excuse the lack of timely filing. She prayed for judgment against the administrator and against the son, Calvin (the same person as the administrator) and against Mrs. Claire C. Young (the widow) and the aforementioned Marvin J. G. Young "of their respective interests, as heirs of the estate of Lun Cho Young Deceased" (sic). Curiously, no judgment was expressly sought against "the interest" of the minors "as heirs." It had been alleged that Calvin, Claire and Marvin had made certain representations (for short, call them fraud) which had prevented the plaintiff from filing the claim in probate on time.

In the district court, Clinton R. Ashford, a member of the Honolulu bar, was appointed guardian ad litem for the minors, Sandra and Sylvia. Other counsel filed an answer for all defendants save the minors. Ashford as guardian ad litem did not answer but filed a motion for summary judgment against plaintiff "to dismiss the action insofar as plaintiff seeks judgment against the Estate of Lun Cho Young, deceased, * * * or the administrator of said estate * *." This vicarious assistance to the administrator was successful. A summary judgment was granted that plaintiff take nothing against Sylvia and Sandra (as to whom nothing had been asked) and nothing against the administrator of the estate or against the estate of decedent. Further, a fee of $350 was taxed as costs against the plaintiff for the services of the guardian ad litem. On the record, by its silence, Calvin individually, Claire, and Marvin were left in the case.

The printed record does not show what if anything happened thereafter in...

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