
    Leonard M. Gage, Appellant, v. Henry Peetsch, Respondent.
    (City Court of New York
    General Term,
    May, 1895.)
    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.
    Appeal from order requiring security for costs.
    
      William F. Bcmdel, for appellant.
    
      Johnston <& Johnston, for respondent.
   Oonlan, J.

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 Hew York.

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

Fitzsimons, J., concurs.

Order reversed, with costs.  