Brody v. C. A. Weed & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendant, C. A. Weed and- Company, from an order of the-Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of February, 1910.
1Opinion of the Court
Scott, J.:
Appeal from order denying motion to change, the place of . trial from the county.of New York to the county of Erie. The action is for goods sold .and delivered. The defense.is a. breach of warranty and rejection of the goods, which are now stored in Buffalo. The principal issue is as to the quality of the goods. Each side presents along list of witnesses whose evidence.is claimed to he material and necessary, and each side claims that the cost of transporting its necessary witnesses from New York to Buffalo, or vice vérsa, will cost more than the whole amount involved in the action.…
2Cases cited1 opinion
- Shaff v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Neiman v. GardnerAppellate Division of the Supreme Court of the State of New York · 1911