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1 Barb. 28

Smith v. Averill

New York Supreme Court

Decided September 11, 1847

New York Supreme Court · decided 1847-09-11

Motion to change the venue from New-York to Clinton county. It appeared that the defendants were sued for a bill of goods as partners, and they swore to a number of witnesses residing in Clinton county, their residence, to prove that they were not partners.

Decided 1847-09-11

Edmonds, J.

¶1If 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 *29other evidence of the partnership than those representations, the venue may be retained in New-York, upon the giving of such a stipulation.

¶2■a

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