Wilbur v. White
New York Supreme Court
Motion by defendant for costs pursuant to the statute, and amongst others, under section 317 of the Code of Procedure, on the ground plaintiff, as assignee, has not funds. “There are not funds, belonging to the bankrupt’s estate, represented by him, sufficient to pay said costs, if defendant succeeded in the action.” The action has but recently been brought and no answer has been put in. The defendant says he has a defense.
1Opinion of the CourtHardin, J.
If a case was made of bad faith or mismanagement, in the prosecution of the action, the court, in its *322discretion, might impose costs personally. Such imposition might he made after trial of the action.
The court, in its discretion, may require security for costs ( Old Code, sec., 317; Gedney agt. Purdy, 47 N. Y., 676; Norris agt. Breed, 12 Abb. [N. S]., 185). But when the action is brought and prosecuted in good faith such security will not he required (Olcott agt. Maclean, 18 Sup. Ct. R. [11 Hun], 394).
Rapallo, J.,
says, in Read agt. Waterhouse (52 N. Y., 589): “ The fact that the trust fund…
2Cases cited2 opinions
- Darby v. ConditThe Superior Court of New York City · 1852
- Ketcham v. ClarkNew York Supreme Court · 1809
3Cited by2 opinions
- Smith v. A. D. Farmer Type Founding Co.Appellate Terms of the Supreme Court of New York · 1896
- Smith v. A. D. Farmer Type-Founding Co.Appellate Division of the Supreme Court of the State of New York · 1896