Kelley v. Kremer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, M. Edward Kelley, as trustee in bankruptcy of Louis Danis and Isaac Shapiro, composing the firm of L. Danis & Go., from an order of the Supreme Court, made at the-Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 24th day of April, 1902, denying-his motion to vacate an order compelling him to file security for costs..
1Opinion of the Court
Hatch, J.:
The plaintiff, a trustee iir bankruptcy, brings this action to set-aside certain assignments which gave an unlawful -preference to certain creditors in violation of the provisions of the Bankruptcy Law (30 U. S. Stat. at Large 562, § 60). After the joinder of issue by; the service of an answer, the defendants applied for and obtained, an ex parte order under section 3268 of the Code of Civil Procedure, requiring the plaintiff as such trustee to file security for costs, The plaintiff thereupon moved to vacate such order upon the ground that as no cause of action existed in favor of…
2Cases cited5 opinions
- Pursley v. RodgersAppellate Division of the Supreme Court of the State of New York · 1899
- Henderson, Hull & Co. v. McNallyAppellate Division of the Supreme Court of the State of New York · 1898
- Rielly v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1901
- Corbett v. BrantinghamAppellate Division of the Supreme Court of the State of New York · 1901
- Schreier v. HoganAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Allen v. McCormickNew York Supreme Court · 1920
- Kronfeld v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1903
- Knaggs v. EastonCity of New York Municipal Court · 1907
- Weiss v. KanarekNew York Supreme Court · 1930