Avery v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert Avery, from an order of the Supreme Court, made at the Columbia Special Term and entered in the office of the clerk of the county of Kings on the 10th day of September, 1902, granting a motion made by the defendant, William B. Kirk, to change the place of trial of the action from the county of Kings to the county of Onondaga.
1Opinion of the Court
Hirschberg, J.:
The plaintiff is a resident of the, county of Kings and has brought this action in that county to recover damages for the alleged breach of a written contract by which the defendants agreed to deliver to him certain shares of stock, consents of property owners and of local authorities for the construction and operation of a street railway in the county of Onondaga. The answer of the defendant William B. Kirk, by whom the motion was made for a change of the place of trial, admits the execution of the contract, alleges failure of performance on the part of the plaintiff and sets…
2Cases cited2 opinions
- Rheinstrom v. WeirAppellate Division of the Supreme Court of the State of New York · 1896
- Johnson v. New Home Sewing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1901