Avery v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Robert Avery against Elbert F. Allen and others. From an order changing the place of trial from Kings county to. the county of Onondaga, plaintiff appeals. Reversed.
1Opinion of the CourtHirschberg, J.
The plaintiff is a resident of the county of Kings, and has brought this action in that county to. recover damages for the alleged breach of a written contract by which the defendants agreed to deliver to him certain shares of stock, and consents of property owners and of local authorities for the construction and operation of a street railway in the county of Onondaga. The answer of the defendant William B. Kirk, by whom the motion was made for a change of the place of trial, admits the execution of the contract, alleges failure of performance on the part of the plaintiff, and sets up a…
2Cases cited2 opinions
- Rheinstrom v. WeirAppellate Division of the Supreme Court of the State of New York · 1896
- Johnson v. New Home Sewing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1901