Gibbons v. Bush Co., Limited
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bush Company, Limited, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of July, 1904, denying the defendant’s motion to compel the plaintiff to give security for costs.
1Opinion of the Court
Willard Bartlett, J.:
This was an -application to compel the plaintiff to give security for costs on the ground that when the action was commenced he was imprisoned under execution for a crime. (Code Civ. Proc. § 3268, subd. 3.) The allegation of imprisonment upon a criminal execution is not disputed, although it appears that the plaintiff had been discharged from custody before the motion was made. The application was opposed on two grounds: (1) That section 3268 of the Code of Civil Procedure does not apply to a plaintiff suing as a surviving partner; and (2) that the defendant was…
2Cases cited3 opinions
- Henderson, Hull & Co. v. McNallyAppellate Division of the Supreme Court of the State of New York · 1898
- Stevenson v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1888
- Cooke v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901