Legal Opinion

Chappell v. Chappell

Appellate Division of the Supreme Court of the State of New York

Decided March 25, 1908PublishedCited by 1 opinion

Appeal by the plaintiff, Charles L. Chappell, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Miagara on the 13th day of January, 1908, granting the defendant’s motion for a change of venue from the county of Miagara to the county of Schenectady.

1Opinion of the Court

Spring, J.:

This action for an accounting was originally brought in the county of Miagara, and the defendant, after a demand and after service of answer, moved to change the venue on the ground that the subject of the action, or some part thereof, was situate in the county of Schenectady. (Code Civ. Proc. § 982.) •

The plaintiff contends that the action is for the dissolution of a copartnership, and in his prayer for relief he asks for an accounting for that reason. At the outset, I think, the complaint does not allege facts sufficient to establish that a copartnership relation existed between…

2Cases cited1 opinion

  1. Simpson v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by1 opinion

  1. Nassau Hotel Co. v. BarnettAppellate Division of the Supreme Court of the State of New York · 1914

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