International Life Assurance Co. v. Sweetland
New York Supreme Court
Motion to change the place of trial. The plaintiff in this action was a foreign corporation; the defendant, James M. Sweetland, executor, &c., resided in Madison county in this State. The plaintiff had an agency in the city of New York for the transaction of business. The action was one of those mentioned in section 125 of the Code. The plaintiff laid the place of trial in the city and county of New York.
Read the full summary
Motion to change the place of trial. The plaintiff in this action was a foreign corporation; the defendant, James M. Sweetland, executor, &c., resided in Madison county in this State. The plaintiff had an agency in the city of New York for the transaction of business. The action was one of those mentioned in section 125 of the Code. The plaintiff laid the place of trial in the city and county of New York. The defendant seasonably served a demand to have the place of trial changed to the proper county, and now made the present motion.
1Opinion of the CourtBarnard, J.
The plaintiff is a foreign corporation, and the defendant resides in Madison county.
The proper place of trial is in that county.
The fact that plaintiff has an agency established in the city and county of New York does not affect the question. On this motion, the place of trial cannot be retained on the ground of convenience of witnesses. This is decided in 7 How. Pr., 356, and I see no reason for dissenting from that case. If plaintiff desires to have the place of trial in the city and county of New *241York for convenience of witnesses, he must make a distinct motion therefor; in which case the…
2Cited by3 opinions
- Veeder v. . BakerNew York Court of Appeals · 1880
- Sylvester v. LewisAppellate Division of the Supreme Court of the State of New York · 1900
- People v. KingsleyNew York Supreme Court · 1876