Massey v. Gillelan
New York Court of Chancery
G. C. Tboup presented the petition of the defendant Gillelan setting forth among other things that the complainants were insolvent, and that this suit was carried on for the benefit of the assignees to whom the subject matter of the controversy had been assigned; and praying that security for the costs might be "given by the complainants or the assignees. He cited Ketchum & Blake v. Clarke, (4 Johns. Rep. 484,) and Waring v. Baret, (2 Cowen’s Rep. 460.)
1Opinion of the Court
*645The Chancellor :—The defendant is entitled to seenrity for costs. Although the parties for whose benefit the suit is now continued may be compelled to pay the costs of the subsequent proceedings, the remedy against them as to the costs already accrued is at least doubtful. They cannot however be permitted to continue the proceeding without giving sufficient security to cover the costs already incurred by the defendant, as well as those to which he may hereafter be subjected. There is nothing in the pleadings as they now stand which can enable me to determine what will be the final decision in…
2Cited by2 opinions
- Zane v. FinkWest Virginia Supreme Court · 1881
- Camp v. Receivers of the Niagara BankNew York Court of Chancery · 1830