Church v. Swigert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John G. Swigert, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 21st day of September, 1904, denying the defendant’s motion to change the place of trial of the action from the county of Hew York to the county of Hiagara.
1Opinion of the Court
Ingraham, J.:
The action is for goods sold and delivered. The answer is a general denial, and for a separate defense and a counterclaim it alleges a contract by which the plaintiffs promised to sell the defendant three carloads of goods ; that plaintiffs delivered one carload, but failed to deliver the remainder, and demands an affirmative judgment against the plaintiffs.
The plaintiffs are residents of the county of Hew York and the defendant a resident of the county of Hiagara. The contract was made in Hiagara county and was to be there performed, and this *274fact is to be considered in…
2Cited by2 opinions
- Fox v. BernsteinNew York Supreme Court · 1916
- Hays v. Faatz Reynolds Felting Co.Appellate Division of the Supreme Court of the State of New York · 1906