Legal Opinion

McKee v. Oliver

New York Court of Common Pleas

Decided June 15, 1868PublishedCited by 1 opinion

Appeal by the defendants from a judgment rendered in the First District Court. The action was brought to recover for services rendered by the plaintiffs, as brokers, in procuring a charter for defendants’ vessel. On the return day mentioned in the summons, the defendants answered by general denial.

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Appeal by the defendants from a judgment rendered in the First District Court. The action was brought to recover for services rendered by the plaintiffs, as brokers, in procuring a charter for defendants’ vessel. On the return day mentioned in the summons, the defendants answered by general denial. On the trial, it appearing that the plaintiffs did not reside in the district, and that the defendants resided in Baltimore, the defendants moved that the complaint be dismissed for want of jurisdiction. The justice denied the motion, and rendered judgment for the plaintiff, and the defendants…

1Opinion of the Court

By the Court,—Brady, J.

By the amendment of the fourth Section of the Act of 1857, in relation to the District Courts of this city, passedin 1862 (Laws of 1862, p. 970, § 20), it is provided that when the action is against the defendant or defendants, not residing in the city and county of New York, it must be brought in the district in which the plaintiff or one of the plaintiffs reside.

It is also provided by'Jhe forty-fifth section of the Act of 1857 (Laws of 1857, p. 707), that when it is objected at the trial, and appears by the evidence, that the action is brought in the wrong district,…

2Cited by1 opinion

  1. Goldman v. JacobsAppellate Terms of the Supreme Court of New York · 1902

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