Hand v. Equitable Life Assurance Society of United States

Plaintiff is the assignee of the beneficiary of a life insurance policy and brings this suit upon the policy. A previous motion for different relief was appealed to the Appellate Division, resulting in a decision adverse to the plaintiff and the imposition of costs. (251 App. Div. 321.) These costs have not been paid. This motion is for leave to sue as a poor person. The opposition is that plaintiff is barred from making any application in the action because of the failure to pay costs. (Civ. Prac. Act, § 1520.) It is true that an application of this character may be made at any stage of the…