McCosker v. Smith
New York Supreme Court
Appeal from special term, Fulton county. Action by David McCosker and George J. Molloy against Emanuel Smith. From an action allowing an amendment of the complaint defendant appeals.
1Opinion of the CourtLearned, P. J.
The action was commenced by service of a summons and complaint. The summons stated that the trial was desired in Fulton county. The complaint named the same county, as the place of trial within due time. After service of an answer, the plaintiffs amended their complaint, making the same allegations as in the original complaint, though in different language, and naming the county of Mew York as the place of trial. The plaintiffs are residents of Mew York, and the action is on a promissory note. The county of Mew York is therefore a proper county. The defendant moved to set aside the amended…
2Cases cited4 opinions
- Moulton v. BeecherNew York Supreme Court · 1876
- Wadsworth v. GeorgerNew York Supreme Court · 1887
- Stryker v. New York Exchange BankNew York Supreme Court · 1864
- Toll v. CromwellNew York Supreme Court · 1855