Uhr v. Coulter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, David Coulter and others, 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 2d day of July, 1915, denying a motion to require the plaintiff to give security for costs.
1Opinion of the Court
Page, J.:
The plaintiff is a trustee in bankruptcy. The complaint alleges that he has been authorized to bring this action by an order of the United States District Court duly made and entered. This is denied in the moving affidavit and the statement made that such an application was made to the referee in bankruptcy, who refused to make the order unless and until he was satisfied that the condition of the bankrupt’s estate warrants the making of the order or the creditors whom the trustee represents stand ready to pay the costs of an unsuccessful suit. These statements are not denied by the…
2Cases cited1 opinion
- Graham v. AschenbachAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Shaine v. KugelmanAppellate Division of the Supreme Court of the State of New York · 1918