Manning v. Downing
New York Supreme Court
The plaintiff declared for goods sold and delivered to the son of the defendant, on the guarantee of the father, and laid the venue in the city, and county of New-Yorlc. moved to change the venue to the county of Columbia, on an affidavit, stating that the letter of guarantee was written in that county, and that, therefore, the cause of action arose there, and not elsewhere, out of that county; and, also, that there were . several witnesses material to his defence residing…
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The plaintiff declared for goods sold and delivered to the son of the defendant, on the guarantee of the father, and laid the venue in the city, and county of New-Yorlc. moved to change the venue to the county of Columbia, on an affidavit, stating that the letter of guarantee was written in that county, and that, therefore, the cause of action arose there, and not elsewhere, out of that county; and, also, that there were . several witnesses material to his defence residing in Columbia. offered to stipulate, if the affidavit was sufficient.
1Per curiam
The affidavit in this case varies from the form prescribed, and which has been constantly adhered to. It states the origin of the cause of action argumentatively, and though it is sufficient to show that the first act creating the defendant’s liability arose in Columibia, it by no means establishes, that the goods were sold . , „ , , ° there; and if they were not, then the cause of action did not wholly arise in Columbia. We have an equitable power over venues, and we ought so to exercise it, as to promote the convenience of suitors, and to save expense to the parties. In actions perfectly…
2Cited by4 opinions
- Lyman v. Gramercy ClubAppellate Division of the Supreme Court of the State of New York · 1898
- Root v. KingNew York Supreme Court · 1825
- Currie v. . WorthySupreme Court of North Carolina · 1856
- Lyman v. Gramercy Club & The Fidelity & Deposit Co. of MarylandAppellate Division of the Supreme Court of the State of New York · 1898