Lyon v. Davis — 7 N.Y.S. 564

Majority

p. 564

Lyon et al. v. Davis et al.

(Supreme Court, General Term, First Department.

November 7, 1889.)

Headnote

Change of Venue.

An order for change of venue to the county where the cause of action arose will not be disturbed where the affidavits show with reasonable certainty that the convenience of a majority of the witnesses who will be sworn will be thus suited.

Appeal from special term, New York county.

Argued before Van Brunt, P. J., and Brady and Daniels, JJ.

Freeman <& Green, for appellants. H. JET. Hustis, for respondents.

An examination of the papers in this case fails to disclose an error made by the court below in changing the place of trial. That the convenience of a majority of such of the witnesses who are sworn to in the affidavits as will be examined in the trial will be consulted by having the trial in Dutchess county, where the defendants reside, and where the cause of action, if any, arose, seems to be established with reasonable certainty. The order appealed from should be affirmed, with costs. All concur.