De La Fleur v. Barney
This text of 45 Misc. 515 (De La Fleur v. Barney) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The motion must be denied. The plaintiff, as receiver, will not be compelled, to file security for costs merely on the ground of insolvency, or that he has no funds in his hands. . It is necessary, in addition to the fact of insolvency to show that the action was brought in bad faith or heedlessly or that the plaintiff will probably not succeed. Hale v. Mason, 86 Hun, 499; Ridgway v. Symons, 14 Misc. Rep. 78. Supreme Court Rule 77.
The plaintiff not having obtained leave of the court to bring this action, he may enter an order nunc pro tunc granting him leave to bring it. Hirshfeld v. Kalischer, 81 Hun, 606. No costs allowed.
Motion denied, no costs.
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Cite This Page — Counsel Stack
45 Misc. 515, 92 N.Y.S. 926, 1904 N.Y. Misc. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-la-fleur-v-barney-nysupct-1904.