Maynard v. Chase
New York Supreme Court
Appeal from special term, Kings county. Action by John O. Maynard against William W. Chase to recover for work, labor, and material furnished in erecting an elevator at Kewburgh, Orange county. Prom an order changing the place of trial from Kings county to Orange county, for the convenience of witnesses, plaintiff appeals.
1Opinion of the CourtPratt, J.
In any view that can be taken in this matter, the evidence is not so preponderating as to require a reversal of the order. In our opinion, however, the weight of evidence upon the issue as to convenience of witnesses is in favor of defendant. It was a pure question of fact, and upon the proofs submitted the decision of the court was right. It is a peculiarity of this class of motions that the party that has the last word generally requires a much larger number of witnesses, and that when the case comes to a trial neither party call the number of witnesses that he claims are necessary upon the…
2Cited by2 opinions
- Smith v. MackNew York Supreme Court · 1893
- Thompson v. NarwoodNew York Supreme Court · 1892