Schreier v. Hogan

Appellate Division of the Supreme Court of New York

Schreier v. Hogan

70 A.D. 2, 74 N.Y.S. 1051

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1902·Published·Cited by 4 cases

Opinion

Per Curiam:

- The order requiring security for costs was properly vacated. Section 3268 of the Code of Civil Procedure does not apply to an action by a trustee in bankruptcy to set aside transfers made by the bankrupt. This precise question was determined by this court in Rielly v. Rosenberg (57 App. Div. 408), and, therefore, upon that authority, the order here appealed from must be affirmed, with ten dollars costs and disbursements.

Present — Van Brunt, P. J., Ingraham, McLaughlin, Hatch and Laughlin, JJ.

Order affirmed, with ten dollars costs and disbursements.

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Per Curiam:

- The order requiring security for costs was properly vacated. Section 3268 of the Code of Civil Procedure does not apply to an action by a trustee in bankruptcy to set aside transfers made by the bankrupt. This precise question was determined by this court in Rielly v. Rosenberg (57 App. Div. 408), and, therefore, upon that authority, the order here appealed from must be affirmed, with ten dollars costs and disbursements.

Present — Van Brunt, P. J., Ingraham, McLaughlin, Hatch and Laughlin, JJ.

Order affirmed, with ten dollars costs and disbursements.

Schreier v. Hogan, 70 A.D. 2, 74 N.Y.S. 1051 (N.Y. Ct. App. 1902).

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Opinion

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