1 How. Pr. 73
Decided February 15, 1845
New York Supreme Court · decided 1845-02-15
Motion by defendant to change the venue from New York to Niagara. Defendant swears to twelve witnesses in Niagara and five in Erie. And twenty-four are sworn to on the part of the plaintiff as residing in New York. The action is stated to he on a promissory note given for a hill of merchandise.
Decided 1845-02-15
¶1Upon these papers, we must intend that twenty-.two of the plaintiff’s witnesses are deemed to be necessary to prove the defendant’s hand writing, a fact which can as well be heard by witnesses residing in Niagara, as those who reside in New York (5 Hill, 509, Benedict vs. Hibbard). The motion must be granted.
¶2Rule accordingly.