Majority
p. 417Nicholas Low v. Jacob W. Hallett. resisted it because the action was transitory, and on an affidavit by the plaintiff, stating his
Headnote
ON a motion to change the venue from New- York to Ontario, in an action for use and occupation, the defendant swore all his witnesses resided in the latter county, where the house was situated.Hoffman
p. 418case to rest on written receipts, and an agreement executed in JVew-York.
Take the effect of your application. The papers may be more easily transferred to Onta rio, than the witnesses carried to New- York. The plaintiff does not show he has a single witness where his venue is laid, and the action being founded in privity of contract, not of estate, is of course transitory.