Wilkes v. Berry

83 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1903-10-02 English

Contents

Majority

p. 1119

WILKES, Respondent, v. BERRY, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 2, 1903.)

Headnote

Action by Oliver C. Wilkes against Frank Berry.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs to abide event. Held, that under the circumstances of this case the fact that the transaction arose in Ótsego county should have controlled the court in the disposition of the motion.