Joseph v. Makley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John F. Makley, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of April, 1902, denying the defendant’s motion ta require the plaintiff to give security for costs.
1Opinion of the Court
O’Brien, J.:
The action is one brought by a trustee in bankruptcy who was appointed as the result of proceedings had on or about October 25, 1901, the complaint alleging that the defendant, while a director of the now bankrupt corporation, wrongfully acquired on or about September 20, 1900, moneys of the said corporation, and thereafter, on or about October 24, 1900, wrongfully received shares of stock of the corporation belonging to it. The defendant made applications for security for costs, which were denied, and from the order so entered he appeals.
Of the two cases, relied upon in denying…
2Cases cited2 opinions
- 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