Opinion
August 31, 1939.
Hunt, Hill Betts, of New York City, for libellant.
Burlingham, Veeder, Clark Hupper, of New York City, for respondent McAllister Towing Transportation Co., Inc.
Frank V. Barns, of New York City, for impleaded respondent, Seas Shipping Co. Inc.
Proceeding in the matter of a libel by the American Diamond Lines, Incorporated, against McAllister Towing Transportation Company, Incorporated, and another. On motion for an order requiring the defendant to furnish libelant with better security for costs.
Motion denied.
Libellant seeks an order requesting the respondent, McAllister Towing Transportation Co., Inc., to furnish libellant herein greater or better security for costs, pursuant to Admiralty Rule X of the Admiralty Rules of this District.
While there is no direct authority in point, it would appear that Rule X applies to situations arising during the pendency of the action and has no application to a situation where a final decree has been entered and libellant has issued execution under such decree. See Benedict on Admiralty, Vol. I, footnote 26 to Sec. 367, p. 439.
The motion is accordingly denied.