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Fiesel v. White Sewing Machine Co.

115 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1909-03-12 English

Contents

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p. 1120
FIESEL v. WHITE SEWING MACH. CO.
(Supreme Court, Appellate Division, First Department.
March 12, 1909.)

Headnote

Appeal from Special Term, New York County. Action by Johpi Fiesel, an infant, by Susan Fiesel, his guardian ad litem, against the White Sewing Machine Company. From an order granting leave toj serve an amended complaint, defendant appeals. Modified and affirmed. Marshall B Clarke, for appellant. I. Henry Harris, for re spondent.

The order appealed iron should be modified, by requiring the plaintiff, as a condition of amendment, to pay all costs is the action to date, except the trial fee anc the disbursements of the trial. As so modified the order should be affirmed, without costs.