Imgard v. Duffy
New York Supreme Court
Appeal from special term, New York comity. . Action by Julius Imgard and another, administrators of the estate of Albert Imgard, deceased, against Walter B. Duffy, to recover on certain promissory notes indorsed by defendant. From an order denying his motion for a change of the place of trial from New York county to the county of Monroe, defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
The opinion of the court in the case of Thurfjell v. Witherbee, 70 Hun, 401, 24 N. Y. Supp. 278, seems to be entirely applicable to the case at bar. The defendant swears to his expectations, and that is all. Within the principles laid down in the case cited, this is not sufficient to justify the court in granting the motion to change the venue. The party should state at least upon what his expectations are founded, so that the court .may say that there is some ground for the hopes expressed. The order should therefore be affirmed, with $10 costs and disburse: ments, with leave to the…
2Cases cited1 opinion
- Thurfjell v. WitherbeeNew York Supreme Court · 1893
3Cited by1 opinion
- Bell v. Whitehead Bros.Appellate Division of the Supreme Court of the State of New York · 1896