Legal Opinion

Graham v. Aschenbach

Appellate Division of the Supreme Court of the State of New York

Decided January 21, 1910PublishedCited by 3 opinions

Appeal by the defendant, Charles W. Aschenbach Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 30th day of Hovember, 1909.

1Opinion of the Court

Scott, J.:

The defendant corporation appeals from an order denying its motion that plaintiff be required to give security for costs. Assuming that the motion was addressed to the discretion of the court (Code Civ. Proc. § 3271) we are of opinion that that discretion should have been exercised in favor of granting the motion. The plaintiff is an assignee for the benefit of the creditors of the individual defendants Aschenbach and Smith, and as such assignee has apparently no assets except the claim in suit here and, consequently, *448nothing wherewith to pay costs if they should be awarded against…

2Cited by3 opinions

  1. Allen v. McCormickNew York Supreme Court · 1920
  2. Uhr v. CoulterAppellate Division of the Supreme Court of the State of New York · 1916
  3. Hansen v. Ah Bun LauHawaii Supreme Court · 1941

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