Schaaf v. Denniston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charle's Schaaf, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 1st day of February, 1907, granting the defendants’ motion to change the place of trial of the action from the county of Kings to the county of Monroe. .
1Opinion of the Court
Hirschberg, P. J.:
The order appealed from, granting the defendants’ motion to change the place of trial of the action from the county of Kings to' the county of Monroe, appears to have been granted on the ground that the convenience of witnesses will be promoted by the change. Without detailing the circumstances attending the. making of the contract sued upon, the bringing of the action and the number and the residence of the witnesses, it may he conceded that the defend-, ants would be entitled-to a change of the place of trial had their application therefor been made in good faith.and…
2Cases cited2 opinions
- Tubbs v. EmbreeNew York Supreme Court · 1895
- Coleman v. HayesAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Ott v. KelleyNorth Dakota Supreme Court · 1934