Legal Opinion

Ballston Refrigerating Storage Co. v. Defeo

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

Decided July 1, 1901PublishedCited by 2 opinions

Appeal by the defendant, Michael Defeo, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 15th day of October, 1901, denying the defendant’s motion to change the place of trial of the action from the county of Saratoga to the county of Schenectady.

1Opinion of the Court

Parker, P. J.:

The plaintiff seeks to recover eighty-five dollars and sixty-one-cents upon the-ground that the defendant is indebted to it in that amount for goods sold and delivered; and the venue of the action is laid in the county of Saratoga, where the plaintiff resides. The kind of goods sold is not disclosed by the papers before us. The answer sets up that such goods were sold to the defendant in Schenectady by the plaintiff’s local agent there; that he has paid all but thirty dollars of such amount, and that said agent agreed to credit the defendant with such thirty dollars upon suqh…

2Cases cited2 opinions

  1. Bell v. Whitehead Bros.Appellate Division of the Supreme Court of the State of New York · 1896
  2. Thompson v. MacKinnonAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by2 opinions

  1. Larocque v. ConhaimNew York Supreme Court · 1904
  2. Weidenfeld v. McClureAppellate Division of the Supreme Court of the State of New York · 1903

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