Bacon v. Dinsmore
New York Supreme Court
The venue of this action (the subject of which was transitory and not local) was laid in' Kings county. Before answer, the defendant under section 125 of the code, moved to change the venue to the county of New York.
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The venue of this action (the subject of which was transitory and not local) was laid in' Kings county. Before answer, the defendant under section 125 of the code, moved to change the venue to the county of New York. By the motion papers, used in support of such motion, it appeared that both the New York and Boston Express Company and the Adams Express Company were joint stock associations; that the plaintiff John H. Bacon, Jr., was a non-resident of the state, and that the defendant William B. Diusmore, was a resident of the city of New York; that the principal office or place of business of…
1Opinion of the Court
By the court, Gilbert, J.
The defendant has a legal right to have the place of trial changed to New York, if the persons named as plaintiff or defendant are the parties to the action. The court has no discretion about it (Code, § 125.)
We think they are parties. The associations which they represent, clearly are not, nor could they be made parties, inasmuch as they have no legal capacity to sue, or to be sued. Such associations are not corporations, but are mere partnerships. But for the statute authorizing suits to be brought by and against them in the name' of officers thereof, all the…
2Cited by5 opinions
- Brown v. BacheAppellate Division of the Supreme Court of the State of New York · 1901
- Rathbun v. BrownellNew York Supreme Court · 1904
- Allen v. McCormickNew York Supreme Court · 1920
- Brooks v. DinsmoreNew York Court of Common Pleas · 1889
- Rittenberg v. BarrettCity of New York Municipal Court · 1921