Bank of St. Albans v. Knickerbacker
New York Supreme Court
Motion to change venue. The defendants moved to change the venue from Clinton to Rensselear, on the ordinary affidavit of five witnesses residing in Rensselaer county, and txvo farther south.
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Motion to change venue. The defendants moved to change the venue from Clinton to Rensselear, on the ordinary affidavit of five witnesses residing in Rensselaer county, and txvo farther south. The motion was resisted, on the grounds that the action is brought against the defendants as the sureties of a former cashier of the bank of St. Al-bans, charging a violation of duty on his part; that it will be necessary, on the trial of the cause, to produce the books of account of the bank; and that if the venue be changed to Rensselaer, it will be extremely inconvenient and detrimental to the…
1Opinion of the Court
By the Court-,
Nelson, J.
I was disposed at first blush to deny this motion, the principle upon which the decisions in cases of this kind are made being the convenience of witnesses, and the plaintiffs having brought themselves within the exception suggested by Mr. Justice Sutherland, in Peet v. Billings & others, 2 Wendell, 282, they have obtained the assurances of their witnesses to attend at the place where the venue is laid ; but "in Canfield v. Lindley, 4 Cowen, 532, the court refused to retain the venue, although the plaintiff shewed a greater number of witnesses necessary on his part…
2Cases cited1 opinion
- Peet v. BillingsNew York Supreme Court · 1829
3Cited by3 opinions
- Shirley v. NodineIdaho Supreme Court · 1878
- Bentley v. WeaverNew York Supreme Court · 1800
- Bowles v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1886