Stryker v. New York Exchange Bank
New York Supreme Court
THE plaintiff commenced his action by a summons, containing a notice that the complaint would be filed in the county of New York. The defendant having appeared, the plaintiff served the defendant with a complaint, stating the place of trial to be in the county of New York. The defendant having answered, the plaintiff served an amended complaint, stating the place of trial to be in the county of Oneida.
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THE plaintiff commenced his action by a summons, containing a notice that the complaint would be filed in the county of New York. The defendant having appeared, the plaintiff served the defendant with a complaint, stating the place of trial to be in the county of New York. The defendant having answered, the plaintiff served an amended complaint, stating the place of trial to be in the county of Oneida. The defendant now moved to set aside the amended complaint for irregularity.
1Opinion of the Court
By the Court,
Geo. G. Barnard, J.
The plaintiff had a right so to amend his complaint, of course, and without costs.
Motion denied.
Geo. G. Barnard, Justice.]
2Cited by2 opinions
- Chamberlain v. GreenleafNew York Court of Common Pleas · 1878
- McCosker v. SmithNew York Supreme Court · 1891