Bell v. Polymero
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sidney Bell, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of May, 1904, granting the defendants’ motion to compel the plaintiff to accept a notice of trial for New York county and fixing said county as the place of trial of the action.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover penalties provided for in section 29 of the Domestic Commerce Law (Laws of 1896, chap. 376, *305as amd. by Laws of 1902, chap. 482) for an alleged unauthorized use and possession of milk cans. It was commenced by the service of a copy of the summons, which stated that the place of trial was desired in Orange county. Subsequently the defendants appeared in the action and demanded a copy of the complaint. In the notice of appearance no county was named. In compliance with the demand a copy of the complaint was served and the action was entitled…
2Cases cited2 opinions
- Fisher v. OgdenAppellate Division of the Supreme Court of the State of New York · 1897
- Goldstein v. MarxAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Bell v. PolymeroAppellate Division of the Supreme Court of the State of New York · 1904