Hall v. Waterbury , 5 Abb. N. Cas. 356 ( 1879 )

Van Hoesen, J.

Motion for security for costs denied. The assignee in bankruptcy is not the trustee of the estate of any debtor within the meaning of the Revised Statutes (Ferriss v. Am. Ins. Co., 22 Wend. 586). Nor is he under section 317 of Code of Procedure personally liable for costs, except where guilty of misconduct or bad faith (Reade v. Waterhouse, 52 N. Y. 587).

His non-residence is, therefore, not any reason for requiring security for costs.