Hubbard v. National Protection Insurance
New York Supreme Court
Motion by defendants to change the place of trial from the county of Erie to the county of Saratoga, on the ground that “ the county designated for that purpose in the complaint is , nof the proper county.” The plaintiffs are non-residents of the state, and the defendants are a corporation located and having their principal place of business at the village of Saratoga Springs, in the county of Saratoga, and the venue in the action is laid in the county of Erie.
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Motion by defendants to change the place of trial from the county of Erie to the county of Saratoga, on the ground that “ the county designated for that purpose in the complaint is , nof the proper county.” The plaintiffs are non-residents of the state, and the defendants are a corporation located and having their principal place of business at the village of Saratoga Springs, in the county of Saratoga, and the venue in the action is laid in the county of Erie. The summons and complaint were served January 17th, 1855, and the action is upon a fire-policy of insurance, issued by the defendants…
1Opinion of the Court
Bowen, Justice.
For the purpose of determining the proper place for. the venue in actions by or against the defendants herein, their place of residence is in the county of Saratoga. In their affidavit for the motion, it is alleged that they are a corporation, located and doing business at Saratoga Springs, in Saratoga county, and that their charter provides that the village of Saratoga Springs shall be the place where the office of the company shall be located, and the general business of the company shall be carried on.
I take it for granted, that the defendants were incorporated under the…
2Cases cited3 opinions
- Conroe v. National Protection InsuranceNew York Supreme Court · 1855
- Treadwell v. FassettNew York Supreme Court · 1854
- Hunt v. MeachamNew York Supreme Court · 1852
3Cited by7 opinions
- Smail v. GilruthSouth Dakota Supreme Court · 1896
- Knowles v. FritzWisconsin Supreme Court · 1883
- Sylvester v. LewisAppellate Division of the Supreme Court of the State of New York · 1900
- Austen v. Hudson River Telephone Co.New York Supreme Court · 1893
- Gifford v. Town of GravesendNew York Supreme Court · 1879
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