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13 Abb. Pr. 224

Slater Bank v. Sturdy

New York Supreme Court

Decided August 15, 1861

New York Supreme Court · decided 1861-08-15

Motion to compel the plaintiff to file a second bond for costs. The plaintiff in this action was a foreign corporation, and had filed security for costs at the commencement of the action, as required by 2 Rev. Stat., 457, § 1. The obligors in the bond became insolvent, and the defendant made the present motion.

Decided 1861-08-15

Leonard, J.

¶1—The condition as to security for costs, under which the statute permits a foreign corporation to sue in the courts of this State, was complied with .by the plaintiffs.

¶2There is no provision authorizing the courts to require new security in case the obligors on an undertaking fail, as there is in case of an appeal from a judgment, or in the case of an action where a foreign corporation or a non-resident is plaintiff?

¶3When the security has been once given,' the statute has been complied with. The plaintiff or appellant has then become entitled to the benefit of his appeal, or to prosecute his action.

¶4There is- no further authority to- require further or new security.

¶5The motion is denied, with costs of opposing, to abide the event.

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