Kaufman v. Kaufman

3 Citing cases

  1. Atkinson v. Bonners Ferry Lumber Co.

    74 Mont. 393 (Mont. 1925)   Cited 6 times

    Messrs. Clapp, Richardson, Enquist, Briggs McCartney, Messrs. Norris, Hurd Rhoades and Mr. H.C. Hall, for Appellant. In general, a change of venue should be granted where, in addition to the convenience of witnesses, the cause of action arose or the transaction occurred or the subject matter thereof is located in the county to which the venue is sought to be changed. (40 Cyc. 138; Kerr v. State Bank, 4 N.J.L. 363; Postel v. Weenhagen, 86 Wis. 302, 56 N.W. 913; Woolworth v. Klock, 92 App. Div. 142, 86 N.Y. Supp. 1111; Kaufman v. Kaufman, 152 App. Div. 100, 136 N.Y. Supp. 592, 594; Browne v. Town of Mt. Hope, 73 App. Div. 599, 77 N.Y. Supp. 1.) A difference in the accessibility of the two places is also a material consideration. ( O'Beirne v. Miller, 35 Misc. 337, 71 N Y Supp. 946.)

  2. Brosky v. Hallock

    165 App. Div. 970 (N.Y. App. Div. 1914)   Cited 1 times

    Such facts brought the case within the general rule, which is that transitory actions should be tried in the county where the transaction involved in the controversy took place. ( Kaufman v. Kaufman, 152 App. Div. 100; Van Alstine v. Burt, 151 id. 81; Fluckiger v. Haber, 144 id. 65.) The order appealed from, therefore, is reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Clarke, Laughlin, Scott and Hotchkiss, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

  3. Kaufman v. Kaufman

    152 App. Div. 99 (N.Y. App. Div. 1912)

    The agreement was drawn in Rensselaer county, where both parties then resided, and where the defendant still resides. Whether the plaintiff were coerced into signing the agreement by reason of fraud practiced upon her, will, from the facts presented, have to be determined largely from witnesses residing in Rensselaer county. The greater number of witnesses there reside and for the reasons stated in Kaufman v. Kaufman ( 152 App. Div. 100), decided herewith, the order appealed from should be reversed and the motion to change the place of trial from the county of New York to the county of Rensselaer granted, without costs. PER CURIAM: