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12 Misc. 548

Gage v. Peetsch

City of New York Municipal Court · decided 1895-05-15

<p>Security for costs will not lie required of a plaintiff as a nonresident, where it does not affirmatively appear that he has no regular office for the transaction of business within the city of New York.</p>

Decided 1895-05-15

Oonlan, J.

¶1This is an appeal from an order requiring the plaintiff, as a nonresident, to give security for costs pending appeal.

¶2The moving papers fail»to show affirmatively that the plaintiff has not an office for the regular transaction of business, within the city of Hew York.

¶3The order must, therefore, be reversed, with costs, on the authority of Stephenson v. Hanson, 4 Civ. Proc. Rep. 104.

¶4Fitzsimons, J., concurs.

¶5Order reversed, with costs.

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