Upjohn v. First Methodist Episcopal Society of Homer Village
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The First Methodist Episcopal Society of Homer Village, N. Y.,. front two orders of the Supreme Court, made at the New York Special Term and entered in the. office of the clerk of the county of New York on the 15th day of November, 1912, one changing the place of trial from New York county to Queens county, and the other denying a motion to change the place of trial from New York county to Cortland county.
1Opinion of the Court
McLaughlin, J.:
The plaintiffs, as architects, bring this action to recover damages for an alleged breach of contract by which they were employed to prepare drawings and specifications for, and to superintend the erection of a church building for the defendant at Homer, Cortland county, N. Y. - One of the plaintiffs resides in the county of Westchester; the other in the county of Queens. The' defendant is a religious Corporation located at Homer, Cortland county. The plaintiffs laid the venue in the county of New York and the defendant made the necessary demand that the place of trial be…
2Cases cited3 opinions
- Loretz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Harrison v. HolahanAppellate Division of the Supreme Court of the State of New York · 1907
- Jacobson v. German-American Button Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by8 opinions
- Behrman v. Pioneer Pearl Button Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Payne v. Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1961
- Hull v. TrainorAppellate Division of the Supreme Court of the State of New York · 1931
- Pezzuti v. ViningAppellate Division of the Supreme Court of the State of New York · 1974
- Fox v. BernsteinNew York Supreme Court · 1916
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