Legal Opinion

Fitzgerald v. Payn

New York Supreme Court

Decided May 8, 1894PublishedCited by 3 opinions

Appeal from special term, Greene county. Action by James J. Fitzgerald and others against Edgar M. Payn and another for breach of contract. From an order changing the place of trial from Greene county to Albany county, plaintiffs appeal. Affirmed.

1Opinion of the CourtPutnam, J.

It was held by this general term in Lane v. Town of Hancock, 9 N. Y. Supp. 97, that, on a motion to change the place of trial for the convenience of witnesses, the decision of the special term on a question of fact presented by conflicting affidavits-should not be, ordinarily, interfered with by the general term. In Henderson v. Jackson, 2 Sweeny, 603, it was also held that the decision of a motion by a special term on conflicting evidence will not be disturbed by the appellate court on a disputed fact involved therein. In this case a question of fact was presented to the special term, as to…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Lane v. Town of HancockNew York Supreme Court · 1890
  2. Henderson v. JacksonThe Superior Court of New York City · 1870

3Cited by3 opinions

  1. Sparks v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1901
  2. Payne v. Eureka Electric Co.New York Supreme Court · 1895
  3. Weidenfeld v. McClureAppellate Division of the Supreme Court of the State of New York · 1903

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