Remington & Sherman Co. v. Niagara County National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Niagara County National Bank, from an order 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 23d day of July, 1900, denying the defendant’s motion to change the place of trial from the county of New York to the county of Niagara.
1Opinion of the Court
McLaughlin, J.:
Action to recover a balance alleged to be due for the construction of a safe deposit vault in defendant’s building, in the city of Lock-port, N. Y. . '
The action was commenced by the service of a summons and complaint, in which the place of trial was designated as the city and county of New York. The defendant’s attorney, prior to the service of an answer, served a written demand on the plaintiffs attorney that the place of trial be changed to Niagara county, upon the ground that that was the proper county. The demand not having been complied with, the defendant, within the…
2Cases cited3 opinions
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Rossie Iron-Works v. WestbrookNew York Supreme Court · 1891
- Speare v. Troy Laundry Machinery Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- Schwartz v. Zim Israel Navigation Co.New York Supreme Court · 1958
- Williams v. A. Hollander & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
- Continental Grain Co. v. ChristieAppellate Division of the Supreme Court of the State of New York · 1940
- Miller Chemical & Fertilizer Corp. v. BabcockAppellate Division of the Supreme Court of the State of New York · 1940
- Twentieth Century-Fox Corp. v. PapayanokosNew York Supreme Court · 1957
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