Hall Approved Free Access to American Case Law
New York Court of Common Pleas, 1879

Hall v. Waterbury

Hall v. Waterbury
New York Court of Common Pleas · Decided January 15, 1879 · Hoesen
5 Abb. N. Cas. 356

Counsel

Edward Jacobs (Jacobs Brothers, attorneys), for defendant and motion., C. J. G. Hall, for plaintiff, opposed.

Hall v. Waterbury

Opinion of the Court

Van 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.