Hall v. Waterbury
New York Court of Common Pleas
Motion by defendant for security for costs. This was an action by E. Stanley Hall, as assignee in bankruptcy of H. L. Hewlett, against Joseph Phillips and Stephen W. Waterbury, et al., to recover the value of a quantity of merchant tailoring goods taken by Joseph Phillips, a city marshal, from Henry L. Hewlett, under two certain warrants of attachment issued out of the marine court, at the instance of defendants, Waterbury, Smith & Co. This motion was made for plaintiff to…
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Motion by defendant for security for costs. This was an action by E. Stanley Hall, as assignee in bankruptcy of H. L. Hewlett, against Joseph Phillips and Stephen W. Waterbury, et al., to recover the value of a quantity of merchant tailoring goods taken by Joseph Phillips, a city marshal, from Henry L. Hewlett, under two certain warrants of attachment issued out of the marine court, at the instance of defendants, Waterbury, Smith & Co. This motion was made for plaintiff to file security for costs, because he had removed from the State after the commencement of the action.
1Opinion of the CourtVan Hoesen, J.
Motion for security for costs denied. The assignee in bankruptcy is not the trustee of the estate of any debtor within the meaning of the Revised Statutes (Ferriss v. Am. Ins. Co., 22 Wend. 586). Nor is he under section 317 of Code of Procedure personally liable for costs, except where guilty of misconduct or bad faith (Reade v. Waterhouse, 52 N. Y. 587).
His non-residence is, therefore, not any reason for requiring security for costs.
2Cases cited2 opinions
- Reade v. . WaterhouseNew York Court of Appeals · 1873
- Ferriss & Eaton v. American InsuranceNew York Supreme Court · 1840
3Cited by8 opinions
- Pursley v. RodgersAppellate Division of the Supreme Court of the State of New York · 1899
- Jordan v. BridgesDistrict Court, W.D. Tennessee · 1904
- McDougal v. GrayNew York Supreme Court · 1888
- Dunne v. American Surety Co.New York Supreme Court · 1899
- Flynn v. TinneyNew York Supreme Court · 1899
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