Vulcanite Portland Cement Co. v. Williams
City of New York Municipal Court
Motion for security for costs.
1Opinion of the CourtSeabury, J.
This is a motion to compel the plaintiff, a foreign corporation, to give security for costs under subdi*406vision 2 of section 3268 of the Code of Civil Procedure. The action is in replevin and the plaintiff opposes this motion upon the ground that it has already given security for costs by giving an undertaking in replevin, under section 1699 of the Code of Civil Procedure. The question presented for determination, therefore, is whether in an action of replevin a plaintiff, being a foreign corporation which has given an undertaking under section 1699, can be compelled to give a further…
2Cases cited3 opinions
- Tibbles v. O'ConnorNew York Supreme Court · 1858
- Wisconsin Marine & Fire Insurance Co. Bank v. HobbsNew York Supreme Court · 1862
- Gelch v. BarnabyThe Superior Court of New York City · 1858