Remington & Sherman Co. v. Niagara County National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by the Remington & Sherman Company against the Niagara County National Bank. From an order denying a motion to change place of trial from New York county to Niagara county, defendant appeals.
1Opinion of the CourtMcLAUGHIIN, J.
Action to recover a balance alleged to be due for the construction of a safe-deposit vault in defendant’s building in the city of Lockport, N. Y. The action was commenced by the service of a summons and complaint, in which the place of trial was designated as the city and county of New York. The defendant’s attorney, prior to the service of an answer, served a written demand on the plaintiff’s attorney that the place of trial be changed to Niagara county upon the ground that that was the proper county. The demand not having been complied with, the defendant, within the time prescribed by…
2Cases cited5 opinions
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Stevens v. . the Phoenix Insurance Co.New York Court of Appeals · 1869
- Rossie Iron-Works v. WestbrookNew York Supreme Court · 1891
- Speare v. Troy Laundry Machinery Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Alpaugh v. BennettNew York Supreme Court · 1891