Schoolcraft v. Lathrop
New York Supreme Court
After verdict for the plaintiffs, they respectively obtained thoir discharge under statute of insolvency, after assigning all their property for the benefit of their creditors. The cause being noticed for argument on the part of the plaintiffs, upon a bill of exceptions taken by the defendant at the trial, A It was now moved that all proceedings on the part of th plaintiffs should be stayéd, till security for costs filed.
1Opinion of the Court
Curia.
The cases are not uniform upon this question.(a) But it is now the well settled practice,, that where one is beneficially interested in the demand of the plaintiff, as assignee ; and the suit is carried on for his benefit, upon judgment against the plaintiff, such assignee is liable for the costs ;(b) and their collection may.be enforced by attachment. This suit going on for the benefit of the assignees, who are within the jurisdiction of the Court, the security of the defendant is complete under that rule; and we deny the motion without costs.
Rule accordingly.
Vid. Webb v. Ward, (7 T.…
2Cases cited1 opinion
- Ketcham v. ClarkNew York Supreme Court · 1809
3Cited by4 opinions
- Scott v. JohnSupreme Court of Alabama · 1849
- Carnahan v. PondNew York Court of Common Pleas · 1862
- Davenport v. City of ElizabethSupreme Court of New Jersey · 1881
- Hiscock v. TuckAppellate Division of the Supreme Court of the State of New York · 1907