Bell v. Niewahner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, August ¡Niewahner, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Orange on the 5th day of May, 1900, denying the defendant’s motion to change the place of trial of the action from the county of Orange to the county of ¡New York.
1Opinion of the Court
Goodrich, P. J.:
The action is brought under the act relating to domestic commerce. (Laws of 1896, chap. 376.) The plaintiff, as the agent of "the owners of eleven milk cans, sues for the penalty of fifty dollars for the use of each can in violation of section 29 of the act. One of the paragraphic subdivisions of that section reads- as follows: “ Such action, may.be brought in a court of record having jurisdiction thereof, and the place of trial thereof may be laid in the county where such owner, dealer. or shipper resides at the time of the' commencement thereof, and if laid in such county it…
2Cases cited2 opinions
- Mussen v. Ausable Granite WorksNew York Supreme Court · 1892
- People v. CoughtryNew York Supreme Court · 1890
3Cited by6 opinions
- Town of Islip v. CavigliaAppellate Division of the Supreme Court of the State of New York · 1988
- Moroney v. StateNew York Court of Claims · 1910
- People v. GazulisCity of New York Municipal Court · 1961
- Taylor v. StateNew York Court of Claims · 1910
- Walsh v. StateAppellate Division of the Supreme Court of the State of New York · 1928
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