Brecht v. Jagger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David W. dagger, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of February, 1916, denying his motion •to change the venue from Kings county to Orange county.
1Per curiam
The ends of justice will be promoted by trying these issues in Orange county. It was -there that plaintiff’s assignors resided and rendered the services sued for. We have to consider the county where the cause of action arose (Jacina v. Lemmi, 155 App. Div. 397) rather than the convenience of a plaintiff suing upon an assigned claim. (Belden v. Schapiro, 138 App. Div. 669.) Plaintiff’s opposing affidavits array ten witnesses, mostly cumulative, for the purpose of showing that defendant was trustee under the agreement of April 24,1914, and acted as such. But this agreement does not appear to…
2Cases cited2 opinions
- Jacina v. LemmiAppellate Division of the Supreme Court of the State of New York · 1913
- Belden v. SchapiroAppellate Division of the Supreme Court of the State of New York · 1910