Thompson v. MacKinnon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert MacKinnon, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Rensselaer on the 15th day of November, 1899, denying the defendant’s motion to change the place of trial of the action from the county of Rensselaer to.the county of Herkimer, and also from an order entered in said clerk’s office on the 3d day of January, 1900, denying the defendant’s motion to resettle the…
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Appeal by the defendant, Robert MacKinnon, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Rensselaer on the 15th day of November, 1899, denying the defendant’s motion to change the place of trial of the action from the county of Rensselaer to.the county of Herkimer, and also from an order entered in said clerk’s office on the 3d day of January, 1900, denying the defendant’s motion to resettle the order denyirig the motion to change the venue.
1Opinion of the Court
Kellogg, J. :
The motion to resettle the order should have been granted. On the hearing of the motion to change the venue, affidavits were used showing on the part of plaintiffs the need of several witnesses, residing in the county where the action was laid, to establish the ♦sale and actual delivery of the merchandise mentioned in the com- * plaint to one Cardwell at Little Palls, .in Herkimer county. On presentation of such affidavits the defendant offered to prepare and ' *330¡serve a written stipulation which would obviate the need of such .proof, and four days was given to defendant’s counsel…
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