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Scheich v. German Odd Fellows' Home Ass'n

60 N.Y.S. 1147 Court N.Y. App. Term Decision date 1899-10-25 English

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p. 1147
SCHEICH, Appellant, v. GERMAN ODD FELLOWS’ HOME ASS’N OF STATE OF NEW YORK, Respondent.
(Supreme Court, Appellate Term.
October 25, 1899.)

Headnote

Action by Peter Scheich against the German Odd Fellows’ Home Association of the State of New York. From a judgment for plaintiff, defendant appeals.
Reversed.
August P. Wagener, for appellant.
Ennever & Trautman, for respondent.

The defendant is a domestic membership corporation, whose principal office is located in the county of Westchester, where it maintains a home for the aged and infirm. The residence of the defendant thus being without the county of New York, the municipal court of the city of New York, borough of Manhattan, Fourth district, had no jurisdiction over it. and the judgment must therefore be reversed. Tyroler v. Gummersbach, 28 Misc. Rep. 151 , 59 N. Y. Supp. 266 , 319; Phillip Semmer Glass Co. v. Nassau Show-Case Co., 28 Misc. Rep. 577 , 59 N. Y. Supp. 530 . Judgment reversed, with costs to the appellant.

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