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FENGYA v. FENGYA

156 N.J. Super. 340 (1978)

383 A.2d 1170

FLORENCE FENGYA, AS NEXT FRIEND OF BARBARA FENGYA, A MINOR, PLAINTIFF-RESPONDENT, v. WILLIAM FENGYA, AND THE HOME INDEMNITY COMPANY, A CORPORATION AUTHORIZED TO TRANSACT BUSINESS IN NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1978.

Attorney(s) appearing for the Case

Mr. Stanley R. Bright, attorney for appellant The Home Indemnity Company (Mr. Kevin F. McCormick on the brief).

Mr. Mortimer L. Mahler, attorney for respondent.

Before Judges HALPERN, LARNER and KING.

The opinion of the court was delivered by HALPERN, P.J.A.D.

This appeal presents an issue of first impression in New Jersey, namely, whether counsel fees are allowable under R. 4:42-9(a)(6) in an action against a surety company on a guardian's bond. The trial judge allowed counsel fees, and we now reverse.

The undisputed pertinent facts follow. William Fengya, father of his minor daughter Barbara, was appointed by the Passaic County Surrogate as guardian...

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