Harris v. Mutual Life Insurance
New York Supreme Court
At chambers. Action by Franziska Harris, a non-resident of the state of New York, against the Mutual Life Insurance Company on an insurance policy issued to Mark Harris for the benefit of his wife, if living, otherwise for the benefit of his infant son. After plaintiff had obtained an order permitting her to sue in forma pauperis, she was required to give security for costs. She afterwards procured an order vacating the order requiring security for costs.
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At chambers. Action by Franziska Harris, a non-resident of the state of New York, against the Mutual Life Insurance Company on an insurance policy issued to Mark Harris for the benefit of his wife, if living, otherwise for the benefit of his infant son. After plaintiff had obtained an order permitting her to sue in forma pauperis, she was required to give security for costs. She afterwards procured an order vacating the order requiring security for costs. Defendant now moves to vacate the order permitting plaintiff to sue in forma pauperis, and requiring her to give security for costs, and to…
1Opinion of the CourtAndrews, J.
It has been held in a number of cases that infant and nonresident plaintiffs cannot be allowed to sue as poor persons. Alexander v. Meyers, 8 Daly, 112; Anon., 10 Abb. N. C. 80; Christian v. Gouge, Id. 82; Kleinpeter v. Enell, 2 Civil Proc. R. 21. That an infant can be allowed to sue as a poor person has been held in Hotaling v. McKenzie, 7 Civil Proc. R. 320; Erickson v. Poey, 5 Civil Proc. R. 379, 387; affirmed 96 N. Y. 669; Irving v. Garrity, 4 Civil Proc. R. 105; Nichols v. Cammann, 2 Civil Proc. R. 375; and in Heckman v. Mackey, 19 Abb. N. C. 394, it was held by the United States circuit…
2Cases cited3 opinions
- AnonymousNew York Supreme Court · 1881
- Heckman v. MackeyU.S. Circuit Court for the District of Southern New York · 1887
- Alexander v. MeyersNew York Court of Common Pleas · 1878