1 How. Pr. 251
Decided September 15, 1845
New York Supreme Court · decided 1845-09-15
Motion by defendants that security for costs be filed, fyc.—The motion in this case was on the part of the defendants; that Alanson Allen, the plaintiff in interest, file security for costs, and that all proceedings on the part of plaintiffs be stayed until such security be filed, &c. It appeared that the plaintiffs on the record had, prior to the commencement of the action, assigned the demand on which the suit was brought to Alanson Allen, a resident of the state of…
Decided 1845-09-15
¶1Defendants insisted, that inasmuch as it is provided by 2 R. S. 515, § 47, that suits brought by an assignee or person beneficially interested in the recovery, is liable for costs to defendant if the suit fails, that the plaintiff in interest in this case, being a non-resident, should file security for costs, it being shown that plaintiffs on the record are insolvent.
¶2Granted the motion, costs to abide the event.