Ottley v. Jackson Memorial African Methodist Episcopal Zion Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Jackson Memorial African Methodist Episcopal Zion Church, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of W estchester on the 24th day of January, 1913, denying the defendant’s motion for a change of venue.
1Opinion of the Court
Rich, J.:
The action is to recover upon two promissory notes purporting to be executed by defendant’s trustees at Hempstead, Nassau county, the place where they were payable, and where the defendant church is located. The motive for the change of venue was for the convenience of witnesses and upon the ground that the ends of justice would be promoted by the change. The answer is a general denial of the execution and delivery of the notes, fraud, payment, and that the notes are the individual obligations of the signers.
The moving papers show that fifteen persons reside in Nassau county who are…
2Cases cited2 opinions
- Rieger v. Pulaski Glove Co.Appellate Division of the Supreme Court of the State of New York · 1906
- N. Dain's Sons Co. v. Thomas McNally Co.Appellate Division of the Supreme Court of the State of New York · 1910