Reade v. Waterhouse
The Superior Court of New York City
Motion for an attachment. This was a motion by defendants, to make plaintiff’s assignee in bankruptcy liable, under 321 of the Code, for costs recovered by defendants. After the action had been at issue a year, the plaintiffs became bankrupt, and an assignee was duly chosen, who pressed the suit to trial.
Read the full summary
Motion for an attachment. This was a motion by defendants, to make plaintiff’s assignee in bankruptcy liable, under 321 of the Code, for costs recovered by defendants. After the action had been at issue a year, the plaintiffs became bankrupt, and an assignee was duly chosen, who pressed the suit to trial. The defendants were successful upon the trial, and entered judgment for seven hundred and ninety-four dollars and ninety-eight cents, costs ; and then moved for an order that the assignee be made liable for the costs, and for an attachment against him, on his failure to pay them.
1Opinion of the CourtSedgwick, J.
The case of Columbian Ins. Co. v. Stevens (37 N. Y., 536), determines that a receiver of an insolvent insurance company, appointed by the supreme court, is a person liable for costs, under the provisions *256of section 321, in an. action in which the cause of action becomes his property, after the commencement of the action, in the same manner as if he were a party. The assignee in bankruptcy here, becomes the owner of the cause of action, in the same way, and becomes liable under that section, unless there is some provision of the bankrupt act which prevents the application of the Code in this…
2Cases cited2 opinions
- Columbian Insurance Co. v. . StevensNew York Court of Appeals · 1868
- Cumming v. EgertonThe Superior Court of New York City · 1863
3Cited by1 opinion
- State v. Ah ChueyNevada Supreme Court · 1879