Alder v. Griner
New York Supreme Court
THIS was an action of covenant, which was tried at the New-York sittings, in April, 1816, before his honour the chief jus- + , u'“'c* The declaration set forth articles of agreement, made the 30th of April, 1810, between the plaintiff and defendant, by which the latter agreed to work for the plaintiff as a glass-man; and the breach was, that the defendant would not work for the plaintiff, ,. . . i . p i according to the articles of agreement.
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THIS was an action of covenant, which was tried at the New-York sittings, in April, 1816, before his honour the chief jus- + , u'“'c* The declaration set forth articles of agreement, made the 30th of April, 1810, between the plaintiff and defendant, by which the latter agreed to work for the plaintiff as a glass-man; and the breach was, that the defendant would not work for the plaintiff, ,. . . i . p i according to the articles of agreement. Avenue was laid m , . .. r the margin of the declaration, to wit, “ city and county oí JVew- » . , , J p , ■ ForL*’5 but there was no venue stated in…
1Opinion of the CourtSpencer, J.
The instrument given'in evidence is dated at Boston, and there is no venue. in (he body of the declaration; in the margin there are- the words, “ city and county of New York"
The rule as to venues, is,, that when a transitory matter lias occurred abroad, it may-, in general, be stated to have occur*' red in an English county, without noticing the place where it, really happened ; but if the real place abroad be stated, which is necessary when the instrument declared on bears date.there, it should be shown under a scilicet,, that it happened, in an Eng-, Ush-county. The reason and effect of…
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