Neiman v. Gardner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Barney Gardner, from an order of the Supreme Court, made at the New York Special Term, bearing date the 24th day of October, 1910, and entered in the office of the clerk of the comity of New York, denying the defendant’s motion to change the place of trial.
1Opinion of the Court
McLaughlin, J.:
The plaintiffs are engaged in business in the city of New York and the defendant at Hammondsport, Steuben county, N. Y. On the 19th of May, 1909, one of the plaintiffs went to the defendant’s place of business and obtained from him the following order (except the numbers, sizes and prices) for children’s clothing:
“Order No. May 19/1909. •
“M.
“ Ship to B. Gardner,
“At Hammondsport,
“N.'Y.
“ How Ship Erie. When Oct. 1st.
“Terms Nov. 1st, 7/TO, 5/30, 4/60.”
Action was brought, the venue being laid in the county of New York, to recover the price alleged to have been agreed upon at the…
2Cases cited1 opinion
- Brody v. C. A. Weed & Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Fox v. BernsteinNew York Supreme Court · 1916