Gilbert v. Shortsville Cart Co.
New York Supreme Court
Appeal from special term, Cortland county. Action by George 8. Gilbert against the Shortsville Cart Company for the alleged conversion of tools used by plaintiff as a mechanic. From an order denying a motion to change the place of trial from Cortland county to Ontario county, defendant appeals.
1Opinion of the CourtHardin, P. J.
We think the order should be affirmed. In Carpenter v. Insurance Co., 31 Hun, 78, a somewhat similar case was under review. In that case the court said: “We certainly are unwilling generally to review the discretion exercised in a motion of this kind, thinking that the discretion of the special term is as good as that of the general term. ” That case correctly states the rule, which we have frequently followed. In looking into the affidavits, we find the appellant’s affidavit does not set forth specifically the grounds relied upon to establish that the witnesses whose testimony is sought will…
2Cases cited2 opinions
- Myers v. Village of LansingburghNew York Supreme Court · 1889
- Kleinhans v. WhitingNew York Supreme Court · 1890
3Cited by3 opinions
- Bell v. Whitehead Bros.Appellate Division of the Supreme Court of the State of New York · 1896
- Payne v. Eureka Electric Co.New York Supreme Court · 1895
- Reuben v. AndorskyNew York Supreme Court · 1891