Jordan v. Garrison
New York Supreme Court
Motion to change the place of trial from Ulster to Orleans. The action is brought to recover for the wood work of six wagon's alleged to' have been sold and delivered by one Schoonmaker to the defendant, at the price Of $23 each. Oh the 20th of December Í850, Schoo'nmaker assigned the. demand to the plaintiff.
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Motion to change the place of trial from Ulster to Orleans. The action is brought to recover for the wood work of six wagon's alleged to' have been sold and delivered by one Schoonmaker to the defendant, at the price Of $23 each. Oh the 20th of December Í850, Schoo'nmaker assigned the. demand to the plaintiff. The defendant states, in his affidavit, that having himself removed from Ulster county to Orleans, he requested Schoonmaker to make and send, or bring to him, the wood work of a wagon, which he did, in the year 1847, and for which he paid him $23; that at the same time, he brought with…
1Opinion of the Court
Harris, Justice.
It is obvious from the mere statement of the facts set forth in the affidavits read upon this motion, that the cause should be tried in Orleans. The transactions between the parties all occurred there, and there all the witnesses who appear to have any knowledge of those transactions, with the exception of Schoonmaker himself, reside. Although the plaintiff has sworn to a greater number of .witnesses in Ulster than the defendant has named in Orleans, yet I am not satisfied that the plaintiff will, in fact, have occasion to call, upon the trial, any of those named by him,…
2Cases cited2 opinions
- Washington Bridge Co. v. StewartSupreme Court of the United States · 1845
- Brownell v. MarshNew York Supreme Court · 1840
3Cited by2 opinions
- Hausmann v. MooreAppellate Division of the Supreme Court of the State of New York · 1896
- People v. SnaithNew York Supreme Court · 1889