67 N.Y.S. 176 | N.Y. App. Div. | 1900
• The action is brought to recover moneys alleged to have been loaned by plaintiff to defendant. The answer contains a general denial as to part of plaintiff’s - cause of action and interposes a counterclaim for the value of services alleged to have been rendered plaintiff by defendant. The action, therefore, does not fall within either sections 9S2 or 983 of the Code of Civil Procedure. Both parties reside in the county of’ Herkimer, and under section 984 of the Code of Civil Procedure that is the proper place for the trial of the issues. Oneida county is designated in the complaint as the place of trial. Defendant with his answer served a demand that the place of trial be changed to Herkimer, the proper county. Plaintiff having failed to consent to such change defendant duly made a motion td change the -place of trial in accordance with said demand. Plaintiff
The order appealed from should be reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
All concurred.
Order reversed, with ten dollars costs and disbursements, and motion granted with, ten dollars costs.