Payne v. Eureka Electric Co.
New York Supreme Court
Appeal from special term, Chemung county. Action by Benjamin H. Payne and others against the Eureka Electric Company to recover the purchase price of two engines. From an order changing the place of trial from Chemung county to the city and county of New York, plaintiffs appeal. Issue of fact was joined on the 7th of January, 1895, and the defendant’s notice of motion was served on the 12th of January, for the special term held in connection with the Chemung circuit.
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Appeal from special term, Chemung county. Action by Benjamin H. Payne and others against the Eureka Electric Company to recover the purchase price of two engines. From an order changing the place of trial from Chemung county to the city and county of New York, plaintiffs appeal. Issue of fact was joined on the 7th of January, 1895, and the defendant’s notice of motion was served on the 12th of January, for the special term held in connection with the Chemung circuit. Plaintiffs’ complaint alleges that, on the 29th day of October, they sold and delivered to the defendant one vertical engine,…
1Opinion of the CourtHardin, P. J.
It is very clear from the appeal book that the contract entered into between the parties in respect to the two engines mentioned in the complaint was made in the city of New York; and it is apparent that the principal transactions which are made the subject of inquiry by the issues of fact joined occurred in the city of New York. In Goodrich v. Vanderbilt, 7 How. Prac. 467, It was held that the place of trial of a transitory action should be in the county where the principal transactions between the parties occurred, unless the preponderance of witnesses is so great as to warrant the court to…
2Cases cited7 opinions
- McConihe v. PalmerNew York Supreme Court · 1894
- Lane v. Town of HancockNew York Supreme Court · 1890
- Fitzgerald v. PaynNew York Supreme Court · 1894
- Gilbert v. Shortsville Cart Co.New York Supreme Court · 1891
- Goodrich v. Vanderbilt & DrewNew York Supreme Court · 1852
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3Cited by2 opinions
- Frances v. GravesNew York Supreme Court · 1899
- Weidenfeld v. McClureAppellate Division of the Supreme Court of the State of New York · 1903