Henderson, Hull & Co. v. McNally
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henderson, Hull & Company, Limited,, from-an order of the Supreme Court, made at the New York Special Term' and entered in the office of the clerk of the county of New York on the 3d day of June, 1898, requiring the plaintiff, a foreign corporation, to give security for costs.
1Opinion of the Court
Barrett, J.:
After procuring one extension of time the defendant McNally,, upon the 20th day of May, 1898, served his answer. The other-defendants defaulted in pleading. Upon the 23d day of May, 1898, the case was noticed for trial by the plaintiff and also by the defend-: *133ant McNally. After this the defendants moved for security for costs, and their application was granted. This we think was, under the circumstances, erroneous. The defendants seem to have moved for security as matter of right. The rule with us is that the defendants’ absolute right to compel a non-resident plaintiff to give…
2Cases cited1 opinion
- Segal v. CauldwellAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by15 opinions
- Wicker v. Village of Elmira HeightsAppellate Division of the Supreme Court of the State of New York · 1899
- Turell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Corbett v. BrantinghamAppellate Division of the Supreme Court of the State of New York · 1901
- Kelley v. KremerAppellate Division of the Supreme Court of the State of New York · 1902
- Dwyer v. McLaughlinCity of New York Municipal Court · 1899
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