Gross & P. Manuf'g Co. v. Gerhard

11 F. Cas. 77, 8 Reporter, 136, 25 Int. Rev. Rec. 280, 1879 U.S. App. LEXIS 1975

Opinion

BUTLER, District Judge.

While it is true that the party who is actually the defendant may, under the rule of court, require security for costs, although nominally he is plaintiff, the facts here disclosed by the affidavit show a case in which the burden of proof is upon the claimant to satisfy the jury that he obtained the goods bona fide, and paid full value for them. He is the actual as well as the nominal plaintiff. Rule discharged.