Riker v. Gwynne
New York Supreme Court
Action by one Riker, as trustee in bankruptcy, against one Gwynne. Judgment for defendants. On motion by plaintiff, a trustee in bankruptcy, to vacate an ex parte order, made ,at the instance of defendant, requiring plaintiff to furnish $250 security for costs, to secure costs that may accrue on an .appeal by the trustee in bankruptcy from a judgment in favor of defendant in an action by the trustee in bankruptcy to set aside a transfer of real estate, on the ground that it…
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Action by one Riker, as trustee in bankruptcy, against one Gwynne. Judgment for defendants. On motion by plaintiff, a trustee in bankruptcy, to vacate an ex parte order, made ,at the instance of defendant, requiring plaintiff to furnish $250 security for costs, to secure costs that may accrue on an .appeal by the trustee in bankruptcy from a judgment in favor of defendant in an action by the trustee in bankruptcy to set aside a transfer of real estate, on the ground that it was made with the intent to hinder, delay, and defraud creditors. The ■ex parte order for security for costs was based…
1Opinion of the CourtBischoff, J.
The order requiring the plaintiff, trustee in bankruptcy, to furnish security for costs, was obtained ex parte under' *11subdivision 4 of section 3268 of the Code of Civil Procedure, on the theory that such an 'order for security was of right. The action being brought to set aside conveyances claimed to be in fraud of creditors of the bankrupt, the cause of action is not one “arising before the assignment, the appointment of the trustee, or the adjudication in bankruptcy.” Code Civ. Proc. § 3268, subd. 4; Rielly v. Rosenberg, 57 App. Div. 408, 68 N. Y. Supp. 265; Schreier v. Hogan, 70 App. Div.…
2Cases cited6 opinions
- Thomas v. RoddyAppellate Division of the Supreme Court of the State of New York · 1907
- Rielly v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1901
- Schreier v. HoganAppellate Division of the Supreme Court of the State of New York · 1902
- Kronfeld v. LiebmanAppellate Division of the Supreme Court of the State of New York · 1903
- Reilly v. KrauseAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Levowitz v. McKesson & Robbins, Inc.City of New York Municipal Court · 1936