J. P. Lewis Co. v. Phœnix Cap Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The J. P. Lewis Company, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Lewis on the 18th day of April, 1906, granting the defendant’s motion to change the place of trial of the action from the county of Lewis to the county of New York.
1Opinion of the Court
Spring, J.:
The action is to recover for goods sold and delivered 'by the plaintiff, a domestic corporation in Lewis county, to the defendant, a like corporation doing business in. New York city. The answer is a general denial, so that by the pleadings the only issue between the parties is the sale and delivery of the-goods. On this issue the defendant really has no witnesses whatever to disprove the sale of the goods, or that the price was for the sum alleged in .the complaint, or the actual delivery to it.
On behalf of the plaintiff, it appears that it can establish the sale and shipment of…
2Cases cited1 opinion
- L'Amoureux v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Dairymen's League Co-Operative Ass'n v. BrundoNew York Supreme Court · 1927