Universal C.I.T. Credit Corp. v. Horton

This is an action brought to replevy a certain heating system and for damages for the wrongful detention thereof. The venue is laid in the county of New York, which is the residence of the plaintiff corporation. The principal question raised on this motion is whether or not an action of replevin constitutes an action “ to recover a chattel distrained, or damages for dis-training a chattel ” and, hence, pursuant to section 184, subdivision 3, of the Civil Practice Act, is maintainable only in the county where the cause of action or some part thereof arose.

Originally, at common law, all actions…