Belch v. Delaware & Hudson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware and Hudson Company, 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 12th day of May, 1916, denying defendant’s motion to require plaintiff to give security for costs.
1Opinion of the Court
Scott, J.:
The plaintiff is a non-resident, suing upon a cause of action which arose without the State. Defendant moves for security for costs. Its motion has been denied mainly because a previous motion for the same relief was denied and no leave has been given to renew.
*868The former motion was made in April, 1914, after defendant had answered. Since all the necessary facts existed entitling plaintiff to security it must be assumed that the former motion was denied in consequence of the rule which has long prevailed in this department that a defendant by answering before moving for security for…
2Cases cited4 opinions
- Veeder v. . BakerNew York Court of Appeals · 1880
- Laird v. . CartonNew York Court of Appeals · 1909
- Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907
- Fabrik Schiller'scher Verschluesse Actien Gesellschaft v. NeaseAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Allen v. McCormickNew York Supreme Court · 1920
- In re the Subpoena Issued by the State Tax Commission to WeissNew York Supreme Court · 1937