Ingal v. Stoddard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Giles M. Stoddard, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of October, 1898, denying the defendant’s motion to. change the venue of the action from the county of New York to. the county of Tompkins.
1Opinion of the Court
McLaughlin, J.:
This is an appeal from an order denying a motion to change the place of trial for the convenience of witnesses from the county of New York to the county of Tompkins. We think the motion should have been granted. The cause of action arose in Tompkins county, where the plaintiff’s assignor and all of defendant’s witnesses within this State reside. So far as appears from the papers used upon the motion, there is not a single witness which the plaintiff desires to call upon the trial residing in the county of New Yorlt. Indeed, it does not even appear that the plaintiff himself…
2Cases cited2 opinions
- Cordas v. MorrisonNew York Supreme Court · 1893
- Wright v. BurrittNew York Supreme Court · 1892
3Cited by5 opinions
- Nelson v. EnosCalifornia Court of Appeal · 1941
- Thompson v. Superior CourtCalifornia Court of Appeal · 1972
- Geneva Trust Co. v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Rhodes v. WheelerAppellate Division of the Supreme Court of the State of New York · 1900
- Bagley v. Mutual Reserve Fund Life Ass'nNew York Supreme Court · 1899