# Podmore v. South Brooklyn Savings Institution

> New York Supreme Court · April 15, 1899 · 27 Misc. 120

URL: https://www.frixlaw.com/law-library/cases/5405280

## Case

- **Full name:** John Podmore, as Administrator, Etc., of Annie Podmore v. The South Brooklyn Savings Institution
- **Court:** New York Supreme Court
- **Decided:** April 15, 1899
- **Citations:** 27 Misc. 120; 57 N.Y.S. 406
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Giegerich
- **Judges:** Giegerich
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5405280

## Opinion text

Giegerich, J.
In view of the affidavits filed in support of the plaintiff’s proceedings in the Surrogate’s Court, I am inclined to believe that the action is prosecuted with a reasonable prospect of success; and that a substantial issue exists as to the validity of the payment made by defendant in recognition of the claim of a gift causa mortis. It appears that the plaintiff has brought the action in good faith, and, under the authorities, the fact that the estate is without assets is not alone sufficient to call for an order for security for costs. Rutherford v. Town of Madrid, 77 Hun, 545 ; Hale v. Mason, 86 id. 499; Brown v. Dean, 83 id. 613; Fagan v. Strong, 19 Civ. Pro. 88; 7 N. Y. Supp. 919 ; Sullivan v. McManus, N. Y. Law Jour., Nov. 1, 1894; Ridgway v. Symons, 14 Misc. Rep. 78 ; Cahn v. Sugenheimer, N. Y. Law Jour., April 4, 1899. For these reasons, the motion to compel the administrator to give security for costs is denied.
Motion denied.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5405280. Public record. Not legal advice.