Teel v. Yost
The Superior Court of the City of New York and Buffalo
In an action on a bond and .mortgage brought by Lewis M. Teel against Abraham Yost, defendant moves to compel the plaintiff to furnish security for costs under Code Civil Proc. H. Y. § 3268, providing that defendant, in an action brought in a court of record, may require security for costs, where the plaintiff was, when the action was commenced, a person residing without the state.
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In an action on a bond and .mortgage brought by Lewis M. Teel against Abraham Yost, defendant moves to compel the plaintiff to furnish security for costs under Code Civil Proc. H. Y. § 3268, providing that defendant, in an action brought in a court of record, may require security for costs, where the plaintiff was, when the action was commenced, a person residing without the state. It appeared that the defendant made the application for purposes of delay, and had transferred all his real estate to his son for the purpose of defrauding his creditors. For former report see ante, p. 5.
1Opinion of the CourtO’Gorman, J.
This is a motion on the part of the defendant, who has answered in the action for security for costs under section 8268, etc., of the Code of Civil Procedure. This is an action on a written agreement, executed in Pennsylvania, and, under the laws of that state, entitled to be regarded as an instrument under seal. Whether it should' be so regarded for the purposes of this action, and whether the action is or is not barred by the statute of limitations, will probably be the main issues to be tried. The granting the defendant’s motion is within the discretion of the court, and in this case the…
2Cases cited2 opinions
- Churchman v. MerrittNew York Supreme Court · 1888
- Stevenson v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1888
3Cited by1 opinion
- Fagan v. StrongNew York Supreme Court · 1890