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Edward Thompson Co. v. Lobenthal

67 N.Y. St. Rep. 419 Court N.Y. City Ct. English

Delivered by Ehrlich, Ch. J.

Contents

Majority

p. 419
Edward Thompson Company, Pl’ff, v. Samuel Lobenthal, Def’t.
(New York City Court, Special Term,
Filed February, 1895.)

Headnote

Costs — Security for.
Security for costs cannot, under section 3268 of the Code, be required of a domestic corporation.
Application to compel plaintiff to give security for costs.
William O. Campbell, for pl’ff ; Samuel Lobenthal, in pro. per.

Section 3268 of the Code, in regard to security for costs, applies to persons residing without the county or to foreign corporations. The plaintiff herein is a domestic corporation, created by the laws of this state, and does not come within the category of those who are required to furnish security.

Motion denied, with costs to abide the event.