Du Pont v. Bank of Utica

Appeal by plaintiff from an order of the Supreme Court changing the place of trial from the County of Montgomery to the County of Oneida. The action is based upon an alleged guarantee by the defendants of the payment of a check given to the plaintiff by a corporation, not a party to this action, in payment for merchandise purchased at a commission auction held in Montgomery County. Both defendants reside in Oneida County and the plaintiff resides in Herkimer County. Concededly, Montgomery County is not a “ proper ” county for the venue, although the plaintiff maintains a place of business…