Rubin v. Sheldon

This is an action for breach of contract on the sale of the physical property and good will of a mercantile business in the city of Troy, it being alleged that defendant, contrary to the agreement, engaged in a similar business in the same city.

Plaintiffs reside in the city of Elmira and the defendant resides in the city of Troy. In his moving affidavits defendant gives the names and residences of ten persons, six of them living in Troy, one in Watervliet and three in the city of Albany, all within a radius of six miles of Rensselaer county, who are alleged to be necessary and material…