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DU PONT v. BANK OF UTICA

9 A.D.2d 807 (1959)

Albert Du Pont, Doing Business under the Name of Du Pont's Commission Auction, Appellant, v. Bank of Utica et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 13, 1959

The action is based upon an alleged guarantee by the defendants of the payment of a check given to the plaintiff by a corporation, not a party to this action, in payment for merchandise purchased at a commission auction held in Montgomery County. Both defendants reside in Oneida County and the plaintiff resides in Herkimer County. Concededly, Montgomery County is not a "proper" county for the venue, although the plaintiff maintains a place of business there and the transactions...

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