Belden v. Schapiro
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jacob Schapiro and another, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Saratoga on the 1st day of March, 1910, denying the defendants’ motion for a change of venue from the county of Saratoga to the county of New York, on condition that plaintiff give a bond for the payment to the defendants or to their attorney, if the defendants succeed in the action, of all…
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Appeal by the defendants, Jacob Schapiro and another, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Saratoga on the 1st day of March, 1910, denying the defendants’ motion for a change of venue from the county of Saratoga to the county of New York, on condition that plaintiff give a bond for the payment to the defendants or to their attorney, if the defendants succeed in the action, of all witnesses’ fees legally taxed, and such sums as they may actually and in good faith pay to witnesses for reasonable expenses and…
1Opinion of the Court
Kellogg, J.:
The Silver Hat Company, a Connecticut corporation, was transacting business in the city of New York,-and there sold and delivered to the defendants merchandise for the purchase price of which recovery is sought. !
The answer is breach of warranty, and that the goods were unmarketable, and the contract was changed by a new agreement; that the corporation was transacting business in the State of New York in violation of the statutes of the State. All of the witnesses reside in or about.the city of New York. The cause of action was assigned to the plaintiff evidently for the…
2Cited by3 opinions
- Achilles v. Union Produce Export Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Brecht v. JaggerAppellate Division of the Supreme Court of the State of New York · 1916
- Selden Truck Corp. v. BurnsNew York Supreme Court · 1924