Fagan v. Strong
New York Supreme Court
At chambers. Action by Anne Fagan as administratrix, etc., against W. E. Strong, to recover damages for the death of plaintiff’s intestate, (her son.) The death was caused by intestate’s being struck by a beam of defendant’s carriage-shed while driving a load of funiture which he was moving for defendant under the shed. Defendant moves that plaintiff be required to give security for costs.
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At chambers. Action by Anne Fagan as administratrix, etc., against W. E. Strong, to recover damages for the death of plaintiff’s intestate, (her son.) The death was caused by intestate’s being struck by a beam of defendant’s carriage-shed while driving a load of funiture which he was moving for defendant under the shed. Defendant moves that plaintiff be required to give security for costs. For opinion on demurrer, see 7 N. Y. Supp. 919. Code Civil Proc. 2T. Y. § 3271, is as follows: “In an action brought by or against an executor or administrator, in his representative capacity, or the…
1Opinion of the CourtAndrews, J.
It is not matter of right that an order should be made requiring the plaintiff to give security for costs. The application is addressed to the discretion of the court. Code Civil Proc. § 3271. It has also been held in a number of cases that an administratrix should not be required to give security for costs if the action is prosecuted in good faith, even though the the estate be insolvent. Wassinger v. Fennell, 13 Civil Proc. R. 286; Ryan v. Potter, 4 Civil Proc. R. 80; Healy v. Railroad, 1 Civil Proc. R. 15; Darby v. Condit, 1 Duer, 599; Shepherd v. Burt, 3 Duer, 645. It has been repeatedly…
2Cases cited7 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Darby v. ConditThe Superior Court of New York City · 1852
- Goodrich v. PendletonNew York Court of Chancery · 1818
- Shepherd v. BurtThe Superior Court of New York City · 1854
- Abell v. BradnerNew York Supreme Court · 1888
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3Cited by3 opinions
- Sciutti v. Union Pac. Coal Co.Utah Supreme Court · 1906
- Caccavo v. Rome, Watertown & Ogdensburg RailroadThe Superior Court of the City of New York and Buffalo · 1891
- Dunne v. American Surety Co.New York Supreme Court · 1899