Meaney v. Post & McCord
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Post & McCord, 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 llth day of December, 1906, denying the defendant’s motion for an order requiring the plaintiff to file security for costs.
1Opinion of the Court
Clarke, J.:
This action was brought to recover damages for personal injuries resulting in the death of the plaintiff’s intestate by reason of the alleged negligence of the defendant. The summons and complaint were served on the 13th day of Septembér, 1906. On the 19th day . of November, 1906, prior to -the last day to plead, an order to show cause was obtained why an order should not be made requiring the plaintiff to furnish security for costs on the ground that the action was brought by an administrator in his representative capacity and that he and all of the next of kin prior to and up to…
2Cases cited3 opinions
- Pursley v. RodgersAppellate Division of the Supreme Court of the State of New York · 1899
- McNeil v. MerriamAppellate Division of the Supreme Court of the State of New York · 1901
- Davidson v. BoseAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Schmalz v. William L. Crow Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911