Langman v. Milbury
Appellate Terms of the Supreme Court of New York
Appeal from municipal court, borough of Manhattan, Fifth district. Action by Lena Langman, by her guardian ad litem, George Sanders, against L. A. Wilmot Milbury, doing business as the Milbury Atlantic Supply Company. From a judgment for plaintiff, defendant appeals.
1Per curiam
The fact that the defendant had, at the time of the trial, a place of business in the city of New York, does not satisfy the jurisdictional requirement. Proof of actual residence will alone suffice (Routenberg v. Schweitzer, 29 Misc. Rep. 653, 61 N. Y. Supp. 84, affirmed in [April 2, 1900] 63 N. Y. Supp. 746); and, since this proof is not furnished by the record, the judgment must be reversed, and a new trial ordered. As the question was raised upon the trial, the reversal will be with costs to abide the event. Judgment reversed, and a new trial ordered, with costs to abide the event.
2Cases cited2 opinions
- Routenberg v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 1900
- Routenberg v. SchweitzerAppellate Terms of the Supreme Court of New York · 1899