Hyperlawhypertext legal database W. A. Ives Manufacturing Co. v. Smith & Hemenway Co. 151 N.Y.S. 275

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W. A. Ives Manufacturing Co. v. Smith & Hemenway Co.

151 N.Y.S. 275 Court N.Y. App. Div. Decision date 1915-01-15 Docket No. 6763 English

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p. 275
W. A. IVES MFG. CO. v. SMITH & HEMENWAY CO.
(No. 6763.)
(Supreme Court, Appellate Division, First Department.
January 15, 1915.)

Headnote

Costs (§ 136[1] ) — Security for Payment — Time for Application — Answer.
The right to require plaintiff to give security for costs is waived by answer before motion for such security.
[Ed. Note. — For other cases, see Costs, Cent. Dig. §§ 531-536; Dec. Dig. § 136.*]
Appeal from Special Term, New York County.
Action by the W. A. Ives Manufacturing Company against the Smith & Hemenway Company. From an order directing plaintiff to give defendant security for costs, plaintiff appeals.
Reversed, and motion for security denied.
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGHLIN, SCOTT ánd DOWLING, JJ.
Franklin Bien, of New York City, for appellant.
Mervyn Mackenzie, of New York City, for respondent.

As the defendant answered before he made his motion to compel the plaintiff to give security for costs, his right to require such security was waived.

The order appealed from is reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.