Upson v. Hesselson

Appellate Division of the Supreme Court of New York

Upson v. Hesselson

69 N.Y.S. 684

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 4, 1901

StatusPublished

This text of 69 N.Y.S. 684 (Upson v. Hesselson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Upson v. Hesselson, 69 N.Y.S. 684 (N.Y. Ct. App. 1901).

Pincite

Opinion

RUMSEY, J.

The appellant has not seen fit to print the summons and complaint in this action, and we have no other information with respect to the cause of action than is given by the affidavits. Mr. Upson testifies that the action is actually entitled, “William Ford Upson; Receiver of Engel, Heller & Co., Plaintiff, against Simon Hesselson, Defendant,” and that he has brought the suit in his own right individually, and not in his right as receiver. That being so, the defendant clearly was not entitled to an order requiring the plaintiff to give security for costs.

For that reason, this order must be affirmed, with $10 costs and disbursements. All concur.

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RUMSEY, J.

The appellant has not seen fit to print the summons and complaint in this action, and we have no other information with respect to the cause of action than is given by the affidavits. Mr. Upson testifies that the action is actually entitled, “William Ford Upson; Receiver of Engel, Heller & Co., Plaintiff, against Simon Hesselson, Defendant,” and that he has brought the suit in his own right individually, and not in his right as receiver. That being so, the defendant clearly was not entitled to an order requiring the plaintiff to give security for costs.

For that reason, this order must be affirmed, with $10 costs and disbursements. All concur.

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Bluebook (online)

69 N.Y.S. 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/upson-v-hesselson-nyappdiv-1901.