General
Luther Spencer v. William R. Hulbert
1 Cole. & Cai. Cas. 418·New York Supreme Court·1805·NY
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Opinion
Luther Spencer v. William R. Hulbert.
SIMONDS moved to change the venue to Onondaga, on affidavit by the defendant, that the witnesses, which his counsel advised were material for him, resided there.
Williams, contra.
The action is for goods sold and delivered in Hudson, where the plaintiff lives.
[MAJORITY — Per Curiam.]
Per Curiam.
Here is special matter in addition to the common affidavit, and in such a case, unless the plaintiff will, by affidavit, state that he has one or more witnesses residing elsewhere than in the county where the venue is moved for, the court will order it to be changed. It is just and reasonable, where the plaintiff has no witnesses out of the county where the venue is moved for, that we should grant the application, even though the action be for goods sold and delivered, or other transitory matter.