Conroe v. National Protection Insurance
New York Supreme Court
The action is on a policy of insurance, and was commenced on the 4th Noy. 1854. The place of trial laid in the complaint is the county of Albany. On the 8th of November, the defendants’ attorneys served a demand that the trial be had in ■Saratoga county. The cause was put at issue by the service of an answer on the 12th of December.
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The action is on a policy of insurance, and was commenced on the 4th Noy. 1854. The place of trial laid in the complaint is the county of Albany. On the 8th of November, the defendants’ attorneys served a demand that the trial be had in ■Saratoga county. The cause was put at issue by the service of an answer on the 12th of December. The plaintiffs, at the commencement of the action, were non-residents of the state, and the defendants’ place of business was in Saratoga county. On these facts the defendants’ attorneys ask for an order, changing the place of trial from the county of Albany to…
1Opinion of the Court
Bockes, Justice.
It is urged, in opposition to this motion-, that the defendants have lost their right to the order by omitting to move at an earlier day. The demand for a change of the place of trial was served on the 8th of November, and the *404answer was served on the 12th of December. It was competent for the plaintiffs, at any time after the service of the demand, to have assented to it; or they could await their time to serve an amended complaint, and therein designate the proper county.
The defendants should not be charged with laches, until the plaintiffs had answered the demand, or until…
2Cases cited4 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Louisville, Cincinnati, & Charleston Rail-Road v. LetsonSupreme Court of the United States · 1844
- Ontario Bank v. BunnellNew York Supreme Court · 1833
- People v. Trustees of Geneva CollegeNew York Supreme Court · 1830
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- People Ex Rel. Dunkirk & Fredonia Railroad v. CassityNew York Court of Appeals · 1871
- City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
- People v. SchoonmakerNew York Supreme Court · 1871
- Hubbard v. National Protection InsuranceNew York Supreme Court · 1855
- Villard v. United States Shipping Board Emergency Fleet Corp.District Court, E.D. New York · 1924
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