There was testimony by the indorser, uncontradicted by witnesses who were apparently available, that, during the period he resided outside the State of New York, he had been frequently available within the State for service of process to plaintiff's knowledge. In the circumstances, the proof of his nonresidence alone is insufficient to controvert his testimony as to his presence in the State, or to toll the Statute of Limitations. (Turner v. American Metal Co., 268...
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