Green v. Weston

Headnote

Ybitoe—Chahge of.

The question at issue was the quality of certain lath which was sold by defendants in Niagara county and shipped to Montgomery county. One of the plaintiffs lived in the latter county and one quite near him in Fulton county. The number of really material witnesses was about the same. Meld, that this court would not interfere with the decision at special term as to the proper county for trial, regarding the convenience of witnesses.

Appeal from order denying . motion to change the place of trial for the convenience of witnesses from Fulton county to Niagara count}^.

Action brought by plaintiffs, as assignees of the claim, to recover damages for breach ’ of contract for the sale of laths. The complaint alleged that defendants, who were doing business in Niagara county, agreed to sell and deliver to Gr. M. & Co., of Fort Hunter, certain laths to be of white pine except that a small quantity might be Norway pine, and that the lath delivered were largely Norway pine, of less value. Defendants admitted the making of a contract for laths, but denied that they were to be of white pine except that a small proportion thereof might be of Norway pine or that that delivered was largely Norway pine; denied any knowledge of the alleged assignment of the claim, and set up an acceptance of the laths by Gr. M. & Co., and a refusal by them to return the same. One of the plaintiffs lives in Fulton county and the other in Montgomery county. The number of material witnesses is about the same.