Bell v. Whitehead Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Whitehead Brothers Company, 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 Greene on the 2d day of January, 1896, denying the defendant’s motion to change the place of trial of the action from the county of Greene to the ■county of Saratoga.
1Opinion of the Court
Herrick, J.:
This is an appeal from an order denying a motion of the defendant to change the place of trial from the county of Greene to the county of Saratoga. The motion was made upon two grounds: Ewst, that the county of Saratoga was the proper county, and, second, for the convenience of witnesses.
The complaint alleges that the plaintiff owned a quantity of moulding sand, situate in the town of Clifton Park, Saratoga county; that the defendant, by its officers, servants, agents and employees, wrongfully took a large quantity of such sand from where it lay and shipped it to New York city,…
2Cases cited4 opinions
- Gilbert v. Shortsville Cart Co.New York Supreme Court · 1891
- Myers v. Village of LansingburghNew York Supreme Court · 1889
- Smith v. MackNew York Supreme Court · 1893
- Imgard v. DuffyNew York Supreme Court · 1893
3Cited by9 opinions
- LeRoy Dyal Co. v. AllenCourt of Appeals for the Fourth Circuit · 1947
- Hayes v. GarsonAppellate Division of the Supreme Court of the State of New York · 1898
- L. Gillarde Co. v. Joseph Martinelli & Co.Court of Appeals for the First Circuit · 1948
- Ballston Refrigerating Storage Co. v. DefeoAppellate Division of the Supreme Court of the State of New York · 1901
- Gilliland v. KontaAppellate Division of the Supreme Court of the State of New York · 1923
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