Becker v. Town of Cherry Creek
New York Supreme Court
Appeal from special term, Erie county. Action by Philip Becker against the town of Cherry Creek. From order denying a motion to change the place of trial from Erie county to the county of Chautauqua, defendant appeals.
1Opinion of the CourtBradley, J.
The action was brought to recover the amount due upon 131 town bonds of the defendant, alleged to have been duly issued pursuant to the statute in aid of the Buffalo & Jamestown Railroad Company in the year 1874. The defendant, by its answer, puts in issue the allegations of the complaint in support of the validity of the bonds and of the right of the plaintiff to recover upon them. The motion to change the place of trial from Erie to Chautauqua county was founded upon the contention on the part of the defendant that it was a local action, within the provisions of section 982 of the Code of…
2Cases cited1 opinion
- Hogg v. MackNew York Supreme Court · 1889
3Cited by3 opinions
- Becker v. Town of Cherry CreekNew York Supreme Court · 1894
- McNamara Realty, Inc. v. HutchinsonNew York Supreme Court · 1967
- Paget v. StevensNew York Court of Common Pleas · 1894