Todd v. Marsily — 7 N.Y. St. Rep. 872

Majority

p. 872

JOHN TODD, Resp’t, v. FERDINAND A. MARSILY, App’lt.

Headnote

Security por costs—When ordered—Code Civ. Pro., § 3268.

Appeal from order denying motion for security for costs.

J). M. Porter, for app’lt; II. D. Hotchkiss, for resp’t.

By the construction required to be given to section 3268 of the Code, the right of the defendant to security for costs is not absolute, but dependent upon the circumstances made to appear in support of the application. In this case the facts were such as to justify the denial of the application.

The order should be affirmed, with ten dollars costs and disbursements.