Clarendon v. Milliken Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Richmond County. Action by Carrie J. Clarendon, as administratrix of William S. Clarendon, deceased, against Milliken Bros., incorporated, to recover damages for the death of plaintiff’s intestate by reason of defendant’s negligence. From an order denying defendant’s motion to require plaintiff, a resident of the state of New Jersey, of which state decedent was also a resident, to give security for costs, defendant appeals. Affirmed.
1Opinion of the CourtJenks, J.
I agree with Barrett, J., in Pursley v. Rodgers, 44 App. Div. 139; 61 N. Y. Supp. 1015, that this plaintiff was not required absolutely to give security for costs under section 3368 of the Code of Civil Procedure. Under section 3371 of that Code it was a matter of discretion with the court, and I think that its order should not be disturbed, inasmuch as it is within the rule which we laid down in McNeil v. Merriam, 57 App. Div. 164, 68 N. Y. Supp. 165, and Davidson v. Bosé, 57 App. Div. 212, 68 N. Y. Supp. 316, per Woodward, J.:
“The court is not justified in extending its discretion to a case…
2Cases cited4 opinions
- Pursley v. RodgersAppellate Division of the Supreme Court of the State of New York · 1899
- McNeil v. MerriamAppellate Division of the Supreme Court of the State of New York · 1901
- Davidson v. BoseAppellate Division of the Supreme Court of the State of New York · 1900
- Gmaehle v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Smiley v. FinucaneNew York Supreme Court · 1911