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Walsh v. American Lead Pencil Co.

133 N.Y.S. 1148 Court N.Y. App. Div. Decision date 1912-01-26 English

Contents

Majority

p. 1148
WALSH, Respondent, v. AMERICAN LEAD PENCIL CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
January 26, 1912.)

Headnote

Action by Mary Walsh against the American Lead Pencil Company. Appeal No. 1. ■

Order vacating order requiring plaintiff to furnish security for costs reversed, with $10 costs and disbursements, and order reinstated, upon the ground that it appears by a fair preponderance of evidence that the plaintiff was not a resident of the state of New York when the action was commenced.

HIRSCHBERG, J., dissents.