Bank of St. Albans v. Knickerbacker

New York Supreme Court

Bank of St. Albans v. Knickerbacker

6 Wend. 541

CourtNew York Supreme Court

DecidedJune 9, 1831

StatusPublished

Cited by3 cases

This text of 6 Wend. 541 (Bank of St. Albans v. Knickerbacker) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of St. Albans v. Knickerbacker, 6 Wend. 541 (N.Y. Super. Ct. 1831).

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Opinion

By the Court-,

Nelson, J.

I was disposed at first blush to deny this motion, the principle upon which the decisions in cases of this kind are made being the convenience of witnesses, and the plaintiffs having brought themselves within the exception suggested by Mr. Justice Sutherland, in Peet v. Billings & others, 2 Wendell, 282, they have obtained the assurances of their witnesses to attend at the place where the venue is laid ; but "in Canfield v. Lindley, 4 Cowen, 532, the court refused to retain the venue, although the plaintiff shewed a greater number of witnesses necessary on his part than had been sworn to by the defendant, solely on the ground that several of them resided out of the state, beyond the reach of the process of the court, and that a commission to examine them might ultimately be necessary. On consultation with my brethren, I find that this decision has been uniformly adhered to. ■ The motion therefore must be granted.

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By the Court-,

Nelson, J.

I was disposed at first blush to deny this motion, the principle upon which the decisions in cases of this kind are made being the convenience of witnesses, and the plaintiffs having brought themselves within the exception suggested by Mr. Justice Sutherland, in Peet v. Billings & others, 2 Wendell, 282, they have obtained the assurances of their witnesses to attend at the place where the venue is laid ; but "in Canfield v. Lindley, 4 Cowen, 532, the court refused to retain the venue, although the plaintiff shewed a greater number of witnesses necessary on his part than had been sworn to by the defendant, solely on the ground that several of them resided out of the state, beyond the reach of the process of the court, and that a commission to examine them might ultimately be necessary. On consultation with my brethren, I find that this decision has been uniformly adhered to. ■ The motion therefore must be granted.

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6 Wend. 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-st-albans-v-knickerbacker-nysupct-1831.

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