Mott v. Coddington
The Superior Court of New York City
Appeal from an order denying a motion made by the plaintiff, upon the judge’s minutes, for a new trial upon the exceptions taken at the trial. * The action was brought by Garrett S. Mott against Israel Goddington and John Herbert, to recover damages from the defendants, who were Israel Goddington and John Herbert, for the loss by fire of a mill and machinery, located at South Bound Brook, Hew Jersey.
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Appeal from an order denying a motion made by the plaintiff, upon the judge’s minutes, for a new trial upon the exceptions taken at the trial. * The action was brought by Garrett S. Mott against Israel Goddington and John Herbert, to recover damages from the defendants, who were Israel Goddington and John Herbert, for the loss by fire of a mill and machinery, located at South Bound Brook, Hew Jersey. In June, 1861, the plaintiff and defendants entered into an agreement, whereby the defendants agreed to convey to the plaintiff, certain premises at South Bound Brook, upon which was situated the…
1Opinion of the Court
By the Court.*—Monell, J.
The second cause of action stated in the plaintiff’s complaint, namely, the injury occasioned by the negligent act of the defendants while in possession of the premises, this court, clearly, has not jurisdiction to try. This cause of action is for an injury to real property; is local in its nature, and must be tried in the State where the real property is situated. The distinction between local and transitory actions, as stated by Ch. J. Marshall (Livingston v. Jefferson, 1 Brockenb., 203) is, that actions are to be deemed transitory where the transactions upon which…
2Cases cited10 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Sutphen v. FowlerNew York Court of Chancery · 1841
- Thompson v. GregoryNew York Supreme Court · 1809
- Jackson ex dem. Trowbridge v. DunsbaghNew York Supreme Court · 1799
- Jackson ex dem. Wood v. SwartNew York Supreme Court · 1822
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3Cited by1 opinion
- Strader v. GoffWest Virginia Supreme Court · 1873