Jacobs v. Callan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Peter J. Callan, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Albany on the 13th day of December, 1910, denying the defendant’s motion to change the place of trial of the action.
1Opinion of the Court
Betts, J.:
This action was commenced on or about August 12, 1910, by personal service of the summons upon the defendant. In the *828summons the venue was laid in Columbia county. The complaint was served on August 30, 1910 ; in it the venue was laid in Albany county. The action was brought for damages occasioned by an alleged breach of contract or contracts on the part of the defendant. The title to real estate is not involved.
It was held in Tolhurst v. Howard (94 App. Div. 439) that the place of trial named in the complaint controls the venue under circumstances practically similar to those…
2Cases cited2 opinions
- Washington v. ThomasAppellate Division of the Supreme Court of the State of New York · 1905
- Tolhurst v. HowardAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Marine Midland Trust Co. v. DuganNew York Supreme Court · 1952