Lewis v. Farrell
The Superior Court of New York City
Appeal from an order denying the defendant’s motion that the plaintiff be required to give security for costs. This action was brought to recover the sum of §6,000, which the plaintiff claims to have deposited with the defendant in 1874. The answer admits the receipt of the money, but alleges that it was to be applied to certain purchases for the plaintiff’s benefit; that it was so applied, and that not only was the amount deposited by the plaintiff exhausted in such…
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Appeal from an order denying the defendant’s motion that the plaintiff be required to give security for costs. This action was brought to recover the sum of §6,000, which the plaintiff claims to have deposited with the defendant in 1874. The answer admits the receipt of the money, but alleges that it was to be applied to certain purchases for the plaintiff’s benefit; that it was so applied, and that not only was the amount deposited by the plaintiff exhausted in such purchases, but that the defendant advanced moneys on the plaintiff’s account, for which he counter-claims. The complaint was…
1Opinion of the Court
By the Court.—Horace Russell, J.
On the argument of this appeal, the defendant’s counsel insisted that, under the Code, as recently amended, his client was entitled, as a matter of absolute right, to have his motion in this matter granted. The plaintiff’s counsel, on the other hand, insisted:
First. That this was not a case contemplated by the Code, in its provisions relating to security for costs.
Second. That if it was, the matter was still within the discretion of the'court; and,
Third. That the defendant was guilty of such laches in making his motion that it was properly denied on that ground.
2Cases cited7 opinions
- Frees v. . FordNew York Court of Appeals · 1852
- Robinson v. SinclairCourt for the Trial of Impeachments and Correction of Errors · 1845
- Florence v. BulkleyThe Superior Court of New York City · 1853
- Gardner v. KellyThe Superior Court of New York City · 1849
- Swan v. MathewsThe Superior Court of New York City · 1854
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