Legal Opinion
Ajax Rubber Co. v. J. P. Devine Co.
New York Supreme Court
Decided January 23, 1926PublishedCited by 5 opinions
1Opinion of the CourtJames O’Malley, J.
The defendant, a domestic corporation, with its principal place of business in Erie county, moves for a change of venue to that county. It asserts that its residence is there and that plaintiff’s residence is in Dutchess county. The action is transitory and the decision of the motion must depend upon whether the plaintiff, as claimed, has residence in New York county. Such residence is claimed because it is doing business here, notwithstanding that its certificate of incorporation fixes its residence in Dutchess county.
Prior to the amendment of 1925 (Laws of 1925, chap. 493) to section 182 of…
2Cases cited3 opinions
- Oswego Starch Factory v. . DollowayNew York Court of Appeals · 1860
- Poland v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Rossie Iron-Works v. WestbrookNew York Supreme Court · 1891
3Cited by5 opinions
- Kibler v. Transcontinental & Western Air, Inc.District Court, E.D. New York · 1945
- In re Riverdale Production, Inc.District Court, S.D. New York · 1952
- In re Savage Mills, Inc.District Court, E.D. New York · 1959
- Ray v. Bee Line, Inc.New York Supreme Court · 1943
- Yonkers Raceway, Inc. v. National Union Fire Insurance Co. of PittsburghAppellate Division of the Supreme Court of the State of New York · 1958