Gilbert v. B. & B. F. Gilbert
New York Court of Chancery
This was an application for security for costs. The facts are stated in the opinion of the court.
1Opinion of the Court
The Chancellor.
This is an application for security for costs. The affidavit on the part of the defendants is positive that the complainant is insolvent, and has removed from the state with his family. On the other side, the solicitor swears he is confident that the complainant intends to return to the state, and that his absence is temporary. He has, for the present, changed his actual residenqe; and, as it is evident, from the bill itself, that the suit is carried on for the benefit of his creditors, there is no reason why they should *604be permitted to carry on this suit in the name of a man…
2Cited by4 opinions
- Jones v. KnaussNew Jersey Court of Chancery · 1880
- Ksiazek v. KsiazekNew Jersey Court of Chancery · 1918
- Catts v. HarftAppellate Terms of the Supreme Court of New York · 1925
- Morten v. Domestic Telegraph Co.New York Supreme Court · 1876