Osterhout v. Rabe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Rudolph F. Rabe and another, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 17tli day of November, 1898, denying the defendants’ motion to change the venue of the action from the county of Erie to the county of New York, upon the ground of the convenience of witnesses.
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Appeal by the defendants, Rudolph F. Rabe and another, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 17tli day of November, 1898, denying the defendants’ motion to change the venue of the action from the county of Erie to the county of New York, upon the ground of the convenience of witnesses. The plaintiff claims to be the owner of a chattel mortgage executed by August Hammersen to John B. Manning, dated November 11, 1893, and filed and recorded in the cleric’s office of Hudson county, N. J., where the…
1Opinion of the Court
Spring, J.:
The plaintiff claims to be the assignee of the chattel mortgage given by one Hammersen to John B. Manning, a copy of which instrument forms a part of the complaint.
■ The contention of the plaintiff is that the defendant Rabe, who was an attorney at law and the. confidential adviser of Manning, prepared an assignment of the chattel mortgage for Manning and retained possession of the same, to be used for the benefit and to protect the interests of Manning, precisely in what manner is not disclosed in the papers on this motion. It further claimed that Rabe “ attempted to complete the…
2Cases cited1 opinion
- Hausmann v. MooreAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Larocque v. ConhaimNew York Supreme Court · 1904
- Congdon v. Westcott Express Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Dollinger v. HermanAppellate Division of the Supreme Court of the State of New York · 1900
- Weidenfeld v. McClureAppellate Division of the Supreme Court of the State of New York · 1903