Legal Opinion

General Baking Co. v. Daniell

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 1918PublishedCited by 8 opinions

Appeal by the defendant, Horatio N. Daniell, 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 2d day of November, 1917, denying defendant’s motion to change the place of trial herein.

1Opinion of the Court

Foote, J.:

We are of opinion that the rule that railroad companies are deemed to reside in each of the counties through which their roads run, within the meaning of section 984 of the Code of Civil Procedure, as to the place of trial of an action, does not apply to other domestic corporations such as the plaintiff, having a principal office as fixed in its certificate of incorporation and branch offices in other counties where it transacts a part of its business.

The distinction in this respect between railroad companies and other domestic corporations was clearly pointed out in the opinion of…

2Cases cited1 opinion

  1. Poland v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903

3Cited by8 opinions

  1. Dairymen's League Co-Operative Ass'n v. BrundoNew York Supreme Court · 1927
  2. Behrman v. Pioneer Pearl Button Co.Appellate Division of the Supreme Court of the State of New York · 1920
  3. Stoddard v. ManzellaAppellate Division of the Supreme Court of the State of New York · 1924
  4. Williams v. A. Hollander & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
  5. Yonkers Raceway, Inc. v. National Union Fire Insurance Co. of PittsburghNew York Supreme Court · 1957

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