Majority
p. 874Ernest T. Baldwin, an Infant, under the Age of Fourteen Years, by Hannah Baldwin, His Guardian ad Litem, Appellant, v. Frederick P. Hamilton, as President of the Suburban Fire Insurance Exchange, a Voluntary Association, Respondent. (Action No. 1.)
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We think that under the circumstances of this case, there being no proof that plaintiff is vexatiously pur
p. 875
suing the defendant with unnecessary litigation, the order was not justified. Blaekmar, P. J., Jaycox, Manning, Kelby and Young, JJ., concur.