King v. Vanderbilt
New York Supreme Court
Motion to change venue from Cayuga county to the city and county of New York. The defendant swears to twenty-four witnesses in New York, and the plaintiff to eleven in Cayuga county.
1Opinion of the Court
Johnson, Justice.
It appears clearly enough from the pleadings in this cause, as well as from the affidavits of the respective parties, that the only substantial controversy in the action is in regard to the defendant’s liability for failing to transport the plaintiff from San Juan del Sur to San Francisco, and the amount of damages the plaintiff has sustained and is entitled to recover in case the defendant is made liable.
The non joinder of other parties, as defendants, alleged in the *386answer in abatement of the action, can not be made available to the defendant on the trial. The objection,…
2Cited by4 opinions
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- McComb v. Hilton Heights Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
- Fletcher v. ChurchSouth Dakota Supreme Court · 1899