Legal Opinion

Goodrich v. Vanderbilt & Drew

New York Supreme Court

Decided September 15, 1852PublishedCited by 2 opinions

Motion in this and seven otlt-er causes,, to change the place of trial in five fiom the counly of St. Lawrence, and in the remaining three from the county of Franklin, to the city and county of JYew Yor/c. This is an application on the part of the defendants, who aré residents of the city and county of New Yotk, to change the place of tiial from the county of Si. Lawrence to that cily and counly.

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Motion in this and seven otlt-er causes,, to change the place of trial in five fiom the counly of St. Lawrence, and in the remaining three from the county of Franklin, to the city and county of JYew Yor/c. This is an application on the part of the defendants, who aré residents of the city and county of New Yotk, to change the place of tiial from the county of Si. Lawrence to that cily and counly. The affidavit of Cornelius Vanderbilt, one of the defendants, states that the action is brought to recover damages of the defendants, which the plaintiff alleges he has sustained, by reason of his…

1Opinion of the Court

C. L. Allen, Justice.

The 45th rule of this court provides,, that “ in addition to what has usually been stated in affidavits concerning venue, either party may state the nature of the controversy and show how his witnesses are material, and may also-show where the cause of action or the defence, or both of them arose; and, these facts will be taken into consideration by the court in fixing the place of trial.” It is in reference to this rule that both parties have endeavored to shape their affidavits in support and resistance of this motion. I have carefully looked info these affidavits, and…

2Cited by2 opinions

  1. Payne v. Eureka Electric Co.New York Supreme Court · 1895
  2. People v. SnaithNew York Supreme Court · 1889

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