Appellate Division of the Supreme Court of the State of New York June 15, 1920 (McLear v. Balmat)

Motion denied upon condition that the defendant Northern Ore Company within five days file an undertaking executed by a surety company that it will pay all costs and damages which may be awarded, against it on this appeal, and that it will not commit or suffer waste, and that it will pay the value of the use and occupation of the premises involved in this action, not exceeding the sum of $5,000.