Costello v. Downer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alice M. Destello, from.a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of. the county of Madison on the 4th day of March, 1891, upon the decision of the court rendered after a trial at the Schuyler.
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Appeal by the plaintiff, Alice M. Destello, from.a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of. the county of Madison on the 4th day of March, 1891, upon the decision of the court rendered after a trial at the Schuyler. Special Term, sustaining the defendant’s demurrer to the plaintiff’s amended reply, with notice of an intention to bring up for review an order of the Supreme Court, made at the Schuyler Special Term .and entered in the office of the clerk of the county of Madison on the 4th day of March, 1897, sustaining said demurrer, and…
1Opinion of the Court
Parker, P. J.:
The facts averred in the reply in this case show that, on the day the note matured, the defendant was, and for upwards of a year had been, a resident of the State of New Jersey ; that during all that time, however, he had during business hours in each day attended at his office in the city of New York and there carried on his business. Such attendance was open and notorious, and seems to have been of such a character that the plaintiff, with reasonable diligence, would have had no difficulty in ascertaining that he could have been found and served with process there. And this…
2Cases cited7 opinions
- Cole v. . JessupNew York Court of Appeals · 1854
- Burroughs v. BloomerNew York Supreme Court · 1848
- Bennett v. . CookNew York Court of Appeals · 1871
- Engel v. . FischerNew York Court of Appeals · 1886
- Hart v. . KipNew York Court of Appeals · 1896
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