Sylvester v. Lewis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ray B. Lewis, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 8th day of October, 1900, denying the defendant’s motion to change the place of trial from the county of Oneida to the county of Herkimer, on the ground that the parties to the action were both residents of the county of Herkimer.
1Opinion of the Court
Laughlin, J.:
• The action is brought to recover moneys alleged to have been loaned by plaintiff to defendant. The answer contains a general denial as to part of plaintiff’s - cause of action and interposes a counterclaim for the value of services alleged to have been rendered plaintiff by defendant. The action, therefore, does not fall within either sections 9S2 or 983 of the Code of Civil Procedure. Both parties reside in the county of’ Herkimer, and under section 984 of the Code of Civil Procedure that is the proper place for the trial of the issues. Oneida county is designated in the…
2Cases cited5 opinions
- Veeder v. . BakerNew York Court of Appeals · 1880
- Hubbard v. National Protection InsuranceNew York Supreme Court · 1855
- Park v. CarnleyNew York Supreme Court · 1852
- International Life Assurance Co. v. SweetlandNew York Supreme Court · 1862
- Gifford v. Town of GravesendNew York Supreme Court · 1879
3Cited by4 opinions
- Mills & Gibb (Inc.) v. StarinAppellate Division of the Supreme Court of the State of New York · 1907
- Johnson v. MillardAppellate Division of the Supreme Court of the State of New York · 1921
- Bauman v. EngelmanAppellate Division of the Supreme Court of the State of New York · 1915
- Bauman v. EngelmannAppellate Division of the Supreme Court of the State of New York · 1915