Legal Opinion
De La Fleur v. Barney
New York Supreme Court
Decided December 17, 1904PublishedCited by 2 opinions
Motion by the defendants to compel the plaintiff, as receiver, to file security for costs.
1Opinion of the CourtWright, J.
The motion must be denied. The plaintiff, as receiver, will not be compelled, to file security for costs merely on the ground of insolvency, or that he has no funds in his hands. . It is necessary, in addition to the fact of insolvency to show that the action was brought in bad faith or heedlessly or that the plaintiff will probably not succeed. Hale v. Mason, 86 Hun, 499; Ridgway v. Symons, 14 Misc. Rep. 78. Supreme Court Rule 77.
The plaintiff not having obtained leave of the court to bring this action, he may enter an order nunc pro tunc granting him leave to bring it. Hirshfeld v.…
2Cases cited3 opinions
- Hirshfeld v. KalischerNew York Supreme Court · 1894
- Ridgway v. SymonsNew York Supreme Court · 1895
- Hale v. MasonNew York Supreme Court · 1895
3Cited by2 opinions
- Washington Trust Co. v. Local & Long Distance Telephone Co.Washington Supreme Court · 1913
- Larson v. BairdNorth Dakota Supreme Court · 1931