Brown v. Bache
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Wilbur C. Brown, for himself and all other bondholders of The Lima Northern Railway Company and of The Detroit and Lima Northern Railway Company, 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 5th day of July, 1901, granting a motion made by certain defendants to change the place of trial of the action from the county of Erie to the county of New York, upon the…
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Appeal by the plaintiff, Wilbur C. Brown, for himself and all other bondholders of The Lima Northern Railway Company and of The Detroit and Lima Northern Railway Company, 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 5th day of July, 1901, granting a motion made by certain defendants to change the place of trial of the action from the county of Erie to the county of New York, upon the ground that the latter was at the commencement of the action and is the proper county for the . trial thereof.
1Opinion of the Court
Hiscook, J.:
All of the defendants who have' appeared in the-action were residents of the city and county of New York within the meaning of the Code. The plaintiff Brown is a non-resident of the State; therefore, the defendants were entitled to have the venue changed to New York county, and the order appealed from must be affirmed,unless the relationship of one Frances B. Le Fevre and' the Fidelity-Trust Company, both of the city of Buffalo, at or prior to the time when the order in question was made, was such as to make them parties to this action, and, therefore, render it proper to have the…
2Cases cited4 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Innes v. LansingNew York Court of Chancery · 1839
- Duffy v. DuncanNew York Supreme Court · 1860
- Bacon v. DinsmoreNew York Supreme Court · 1872
3Cited by2 opinions
- Harrigan v. PoundsAppellate Division of the Supreme Court of the State of New York · 1933
- Rathbun v. BrownellNew York Supreme Court · 1904