McCarthy v. Andrews

The plaintiff resides in Hamilton County and the defendants reside in Cayuga County. The plaintiff instituted this action in Supreme Court and designated Fulton County as the place of trial. The action is one upon an alleged contract to recover damages for goods sold and delivered by the plaintiff to the defendants, which sale and delivery occurred in Hamilton County.

*657Pursuant to rule 146 of the Buies of Civil Practice, defendants served the proper demand for change of place of trial to the proper county, the plaintiff failed to serve a written' consent to the change as proposed by the…