Wright v. Burritt
New York Supreme Court
Appeal from special term, Kings county. Action by Charles L. Wright against Henry E. Burritt and another on a check drawn on defendants by the Bheubottom & Theall Manufacturing Company at Weedsport, Cayuga county, H. Y„ where defendants, bankers, then resided. Plaintiff’s contention was that a special deposit had been made to meet the check, and he expected to rely on the testimony of Homer E. Rheubottom to show that fact.
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Appeal from special term, Kings county. Action by Charles L. Wright against Henry E. Burritt and another on a check drawn on defendants by the Bheubottom & Theall Manufacturing Company at Weedsport, Cayuga county, H. Y„ where defendants, bankers, then resided. Plaintiff’s contention was that a special deposit had been made to meet the check, and he expected to rely on the testimony of Homer E. Rheubottom to show that fact. Defendants expected to prove by residents of Cayuga county that Bheubottom was unworthy of belief, and moved for a change of venue to that county. The court denied the…
1Opinion of the CourtDykman, J.
This is an appeal from an order denying a motion made by the defendants to change the place of trial from Kings county to the county of Cayuga upon condition that the plaintiff make a stipulation respecting the testimony of certain witnesses named by the defendant in the moving papers. The case is a Cayuga county case. The transactions out of which the cause of action arose were all there. All the persons who knew any of the material facts are naturally located there, and we think the moving papers made a case requiring the removal of the cause to that county. The court evidently hesitated…
2Cited by2 opinions
- Ingal v. StoddardAppellate Division of the Supreme Court of the State of New York · 1898
- Ingal v. StoddardAppellate Division of the Supreme Court of the State of New York · 1898