Briggs v. . Vandenburgh
New York Court of Appeals
Appeal from the Supreme Court. Action by the receiver of a mutual insurance company upon a premium note. The defendant moved that the receiver be required to give security for costs upon an affidavit that there were no funds in the receiver’s hands hable for costs.
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Appeal from the Supreme Court. Action by the receiver of a mutual insurance company upon a premium note. The defendant moved that the receiver be required to give security for costs upon an affidavit that there were no funds in the receiver’s hands hable for costs. This was not denied by the plaintiff; and an order was made at special term, requiring the plaintiff, before proceeding further in the suit, to give an undertaking conditioned to pay all costs that might finally be recovered by the defendant in the action. On appeal to the court, at general term, in the fourth district, the appeal…
1Opinion of the CourtBacon, J.
The order at special term was made professedly under the provisions of section 317 of the Code. This section in substance provides that in an action prosecuted or defended by a receiver, costs shall be recovered as in an action against a person prosecuting or defending in his own right; but such costs shall be chargeable only upon, or collected out of, the estate, Or fund, represented, unless the court shall direct the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in the action or defence. And at the close of the section a clause is added that the…
2Cited by2 opinions
- Daniels v. DanielsSupreme Court of Colorado · 1886
- In re George B. Wray Drug Co.Appellate Division of the Supreme Court of the State of New York · 1904