Phillip Semmer Glass Co. v. Nassau Show Case Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Phillip Semmer Glass Company, Limited, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 31st day of July, 1899, reversing a judgment of the Municipal Court of the city of New York, in favor of the plaintiff, in an action brought to recover for goods sold and delivered.
1Opinion of the Court
McLaughlin, J.:
This action was commenced in the third district Municipal Court, in the borough of Manhattan, city of New York. ■ Upon the return day of the summons the defendant appeared and demanded that the action be removed from the third to the first District Court, upon the ground that the plaintiff was a domestic corporation, having its place' of business not in the third but in the first district.
Pursuant to this demand, an order was thereupon made, removing the cause to the first district. When the cause appeared.upon the calendar of the court in the first district, the defendant…
2Cases cited1 opinion
- Irwin v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Needham Piano & Organ Co. v. PowellAppellate Terms of the Supreme Court of New York · 1899
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