Bangs v. Selden
New York Supreme Court
The action is upon a premium note.- The place of trial named in the complaint is Genesee eounty-^the coifnty in which the plaintiff resides, and in which the Genesee Mutual Insurance Company transacted its business. The defendant resides in the county of Rensselaer.
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The action is upon a premium note.- The place of trial named in the complaint is Genesee eounty-^the coifnty in which the plaintiff resides, and in which the Genesee Mutual Insurance Company transacted its business. The defendant resides in the county of Rensselaer. On motion of the defendant, an order was granted at a special term held in Albany county, May 19, 1856, changing the place of trial- from the county of Gene-see to the county of Rensselaer for the convenience of witnesses. The plaintiff opposed the motion to change the place of trial upon the ground that such motion could not be…
1Opinion of the Court
Marvin, Justice.
This was an action to be tried in the county in which the parties to it, or any of them, resided at the commencement of the action, viz., Genesee or Rensselaer county, subject to the power of the court to change the place of trial. (Code, § 125.)
The plaintiff had the right to name Genesee county in his complaint, as the county in which he desired the trial to be had. (Code, § 142.) The court had. the power to change the place of trial for the convenience of witnesses, and for the promotion of the ends of justice. (Code, § 126.)
Where should the motion for a change of the place…
2Cases cited4 opinions
- BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1846
- United States v. BriggsSupreme Court of the United States · 1847
- Marshall v. BeallSupreme Court of the United States · 1848
3Cited by3 opinions
- Moulton v. BeecherNew York Supreme Court · 1876
- Agricultural Credit Corp. v. Land Investment Co.North Dakota Supreme Court · 1936
- Rexford Taping & Supply Co. v. Maple Knoll Apartments, Inc.New York Supreme Court · 1971