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124 A.D. 583

Banes v. Rainey

Appellate Division of the Supreme Court of the State of New York · decided 1908-03-06

. Appeal by the plaintiff, Samuel Thompson Banes, from an order of the Supreme Court, made at the blew York Special Term and entered in the office of the clerk of the county of New York on the’ 6th day of February, 1908, directing the plaintiff to give additional security for costs.

Decided 1908-03-06

Ingraham, J. (concurring):

¶1I concur. This question has been decided in Schroeder v. Page (124 App. Div. 253) and this áppeal is controlled by that decision; ' otherwise I should be inclined to agree with Bender v. Paulus (109 App. Div. 148).

¶2Order, reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

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