Smith v. Averill

New York Supreme Court

Smith v. Averill

1 Barb. 28

CourtNew York Supreme Court

DecidedSeptember 11, 1847

StatusPublished

Cited by10 cases

This text of 1 Barb. 28 (Smith v. Averill) 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

Smith v. Averill, 1 Barb. 28 (N.Y. Super. Ct. 1847).

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Opinion

Edmonds, J.

If the facts as to the existence of the partnership were to be gone into, that would be a good reason, perhaps, for changing the venue. But as the plaintiffs’ attorney swears that their case rests upon another ground, viz., representations made in New-York by the defendants, respecting the partnership; and as he now offers to stipulate not to give any [29]*29other evidence of the partnership than those representations, the venue may be retained in New-York, upon the giving of such a stipulation.

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Edmonds, J.

If the facts as to the existence of the partnership were to be gone into, that would be a good reason, perhaps, for changing the venue. But as the plaintiffs’ attorney swears that their case rests upon another ground, viz., representations made in New-York by the defendants, respecting the partnership; and as he now offers to stipulate not to give any [29]*29other evidence of the partnership than those representations, the venue may be retained in New-York, upon the giving of such a stipulation.

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Mee Sook Sasaki v. Robert Class Jlw Produce, Incorporated, Nationsbank Provident Bank of Maryland Mars Supermarkets, Incorporated Super Fresh Food Markets of Maryland, Incorporated Magruder's of Maryland, Incorporated Grand Union Company, T/a Basics Food Warehouse, Garnishees. Mee Sook Sasaki v. Robert Class Jlw Produce, Incorporated, Nationsbank Provident Bank of Maryland Mars Supermarkets, Incorporated Super Fresh Food Markets of Maryland, Incorporated Magruder's of Maryland, Incorporated Grand Union Company, T/a Basics Food Warehouse, Garnishees

92 F.3d 232 (Fourth Circuit, 1996)

Timothy Dale Bunch v. Charles Thompson, Warden, (Two Cases)

949 F.2d 1354 (Fourth Circuit, 1991)

Michael F. Merrick v. Northern Natural Gas Company

911 F.2d 426 (Tenth Circuit, 1990)

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Bluebook (online)

1 Barb. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-averill-nysupct-1847.

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