Hyperlawhypertext legal database Mowbray v. Sheldon 72 N.Y.S. 1120

← Cases

Mowbray v. Sheldon

72 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1901-11-08 English

Delivered by VAN BRUNT, P. J.

Contents

Majority

p. 1120
MOWBRAY, Appellant, v. SHELDON, Respondent.
(Supreme Court, Appellate Division, First Department.
November 8, 1901.)

Headnote

Action by William B. Mowbray against George R. Sheldon. From an order requiring security for costs, plaintiff appeals.
Reversed.
G. W. Carr, for appellant. G. B. Mahony, for respondent.

The ground upon which this order was made seems to have been that the suit was vexatious. It is sought to sustain the order by claiming that the plaintiff is the ‘trustee of an express trust, but an examination of the pleadings fails to disclose any ground upon which such a position can rest. The action seems to be an action for damages, and nothing else. Under these circumstances, the court was without authority to make an order requiring the plaintiff to file security for costs. The order must be reversed, with $10 costs and disbursements, and the motion denied.