Podmore v. Seamen's Bank for Savings

This is an appeal from an order of the Special Term requiring the plaintiff as a nonresident to file security for costs.

The plaintiff sues as administrator, and because of the single circumstance that the corpus of the estate is situated in the city of New York, namely, a sum alleged to be on deposit with the defendant, and that letters of administration were issued to him by the surrogate of the county of New York, he claims that the *318rule requiring Mm to file security for costs, "because personally he is a nonresident, does not apply. ;. This will depend upon the construction to be put upon…