City of New York Municipal Court, 1895

Edward Thompson Co. v. Lobenthal

City of New York Municipal Court · Decided February 15, 1895 · Ehrlich

33 N.Y.S. 417; 24 N.Y. Civ. Proc. R. 247; 67 N.Y. St. Rep. 419 (New York Supplement)

Counsel

William O. Campbell, for plaintiff., Samuel Lobenthal, in pro. per.

Opinion of the Court

EHRLICH, C. J.

Section 3268 of the Code,1 in regard to security for costs, applies to persons residing without the county or to foreign corporations. The plaintiff herein is a domestic corporation, created by the laws of this state, and does not come within the category of those who are required to furnish security.

Motion denied, with $10 costs to abide the event

Code Civ. Proc. § 3268, provides as follows: “Defendant, in an action brought in the city court of New York, may require security for costs to be given, where plaintiff, when the action was commenced, was either (1) a person residing without the city; (2j a foreign corporation; (3) a person imprisoned under execution for crime; or (4) the official assignee of a person so imprisoned,” etc.

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