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Gage v. Peetsch

67 N.Y. St. Rep. 875 Court N.Y. City Ct. Decision date 1895-05-28 English

Delivered by Conlan, J.

Contents

Majority

p. 875
Leonard M. Gage, App’lt, v. Henry Peetsch, Resp’t.
(New York City Court, General Term,
Filed May 28, 1895.)

Headnote

Costs — Security.
An order, requiring plaintiff, as a non-resident, to give security for costs pending appeal, on the ground that he has no office for the regular transaction of business within the city of New York, will be reversed, where the moving papers fail to show such fact affirmatively.
Appeal from an order requiring plaintiff to give security for costs.
William F. Randal, for app’lt; Johnston & Johnston, for resp’t,

This is an appeal from an order requiring the plaintiff, as a nonresident, to give security for costs pending appeal. The moving papers fail to show affirmatively that the plaintiff has not an office for the regular transaction of business within the city of "New York. The order must therefore be reversed, with costs, on the authority of Stephenson v. Hanson, 4 Civ. Proc. R. 104.