
    NEW YORK CITY COURT
    Welch agt. Gaffney.
    Costs— When official assignee required to give security for— Code of Civil . Procedure, sections 3268-3271.
    Where an official assignee of a debtor sues upon a cause of action arising “before the assignment,” he may be required by the defendant as of right to give security for costs.
    
      Special Term, December, 1884.
   McAdam, J.

— Where an official assignee of a debtor sues upon a cause of action arising “ before the assignment,” he may be required by the defendant as of right to give security for costs {Code, sec. 3268). Where the cause of action comes to the assignee “ subsequent ” to the assignment, it is discretionary with the court whether it will require the plaintiff to give security or not {Code, sec. 3271). This is the feature which distinguishes these two sections. If for example the defendant had bought goods from the assignee subsequent” to the assignment, or if he had taken property from the assignee’s possession, the case would have been brought under the provisions of section 3271 {supra). In the present instance the cause of action arose “ prior ” to the assignment, .and the assignee must give security for costs.  