Ferriss & Eaton v. American Insurance
New York Supreme Court
Motion to stay proceedings - until the plaintiffs file security for costs. One of the plaintiffs- (Ferriss). resides in the state of Ohio ; the other (Eaton) in this- state. The action is covenant" on a policy of insurance, the interest in which was assigned to two persons in trust for certain creditors of Ferriss; and which assignees brought this suit, and are prosecuting it for the benefit of such creditors. The assignees, or one of them, reside in this state.
1Opinion of the Court
By the Court,
Cowen, J.
It is supposed that this case .comes within the 2 R. S. 515, § 1, entitling the defendant to security for costs, when the suit is for or in the name of the trustee of any debtor. It is true, that the conventional assignees of a debtor, to collect a sum due to him and pay it out to a creditor or creditors, may in some sense be considered his trustees, and so may every agent or bailee of the debtor for such a purpose, and especially assignees of all his property in possession and action for a like purpose; yet I apprehend the statute was not intended for cases of voluntary…
2Cited by1 opinion
- Hall v. WaterburyNew York Court of Common Pleas · 1879