Goodrich v. Pendleton

Decided October 6, 1818

New York Court of Chancery · decided 1818-10-06

MOTION by the defendant, that the plaintiff, who resides in the state of Georgia, may give security for costs, in 500 dollars, or other sum, sufficient to indemnify the defendant, who will, necessarily, be put to very considerable expense in the defence of the suit.

Good law ✅— No negative treatment on recordhow we know

Decided 1818-10-06

How this case has been cited

Cited by 4 later decisions — most recently March 1901

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Chancellor.

¶1Both of the objections are well taken. The plaintiff, who sues ,® autre droit, is not responsible for costs, if he fails, except under special circumstances ; and he ought not to be obliged to enter into personal security, in the first instance. The defendant has, moreover, waived his right to such security by his plea. The rule is, that if the non-residence of the plaintiff appears, on the bill, the defendant waives his title to security for costs, if he takes any step in the cause, or even prays time to answer. (2 Vesey, 24. 10 Vesey, jun. 287.) In Long v. Tardy, (1 Johns. Ch. Rep. 202.) a demurrer by the defendant was held to be a waiver.

¶2Motion denied.