Hyperlawhypertext legal database Erhardt v. Pottier & Stymus Co. 86 N.Y.S. 1134

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Erhardt v. Pottier & Stymus Co.

86 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1904-01-07 English

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p. 1134
ERHARDT, Respondent, v. POTTIER & STYMUS CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
January 7, 1904.)

Headnote

Action by William Erhardt against the Pettier & Stymus Company.

Order affirmed, without costs. The case is distinguishable from Loretz v. Metropolitan St. R. Co., 34 App. Div. 1 , 53 N. Y. Supp. 1059 , by reason of the fact that here the venue appears to have been laid by the plaintiff in Kings county by mistake, and it appears from the statement of counsel upon the argument that there was an understanding on the hearing that the plaintiff should be regarded as having moved to correct this mistake.