Sherman v. Gregory
New York Supreme Court
Motion by defendants to change the place of trial to the proper county, to wit, from Erie to Niagara. The moving papers show, that the county of Erie is designated in the complaint as the place of trial; that both defendants reside in the county of Niagara, and the plaintiff in the county of Livingston, and that plaintiff’s attorney resides in Buffalo, and defendants’ attorneys in Lockport.
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Motion by defendants to change the place of trial to the proper county, to wit, from Erie to Niagara. The moving papers show, that the county of Erie is designated in the complaint as the place of trial; that both defendants reside in the county of Niagara, and the plaintiff in the county of Livingston, and that plaintiff’s attorney resides in Buffalo, and defendants’ attorneys in Lockport. The summons and complaint were served on the 1st day of Februaiy, 1872. The defendant Asaph W. C. Gregory, was sued as maker, and the other defendant as indorser of a negotiable promissory note. On the…
1Opinion of the CourtLamont, J.
The contract of maker and of indorser of a. promissory note, is not joint, but several, although the Code (sec. 120,) allows both to be sued in the same action at the. option of the plaintiff. This form of action with such joinder of defendants, was authorized by the laws of 1832, chapter 276; and afterwards, by chapter 282, of the laws of 1841,. it was allowed to a party thus sued to apply to the supreme' court for such order or relief as he would be entitled to, if he had been separately sued in the action, and the court was authorized in their discretion to grant to such party applying the…
2Cases cited5 opinions
- Menard's Heirs v. MasseySupreme Court of the United States · 1850
- Lloyd v. HoughSupreme Court of the United States · 1843
- People ex rel. Collier v. Sheriff of BroomeNew York Supreme Court · 1838
- Legg v. DorsheimNew York Supreme Court · 1839
- Chace v. BenhamNew York Supreme Court · 1834
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- Iron National Bank v. DolgeAppellate Division of the Supreme Court of the State of New York · 1899