Page:North Dakota Reports (vol. 48).pdf/388

 FARMERS’ SECURITY BANK OF CONWAY, Appellant, v. H. B. SPRINGEN and NORTHWESTERN TRUST COMPANY, Respondents. .

Venue—change to residence county of private and corporate defendants, on joint demand of both, was proper.

Where a complaint alleges a distinct cause of action against a private defendant and another, also, against a domestic corporation, and where the action is not brought in the county of the residence of either defendant, it is held, construing Subds. 6 chap. 3 Laws 1919 and § 7417 C. L. 1913, that a change of the place of trial to the county of the residence of the private party and of the corporation may be permitted upon the joint demand of both defendants.

Appeal from an order of District Court, Walsh County, Burr, J., granting a change of venue to Grand Forks county.

Affirmed.

H. C. DePuy, for appellant.

H. A. Libby and Bangs, Hamilton & Bangs, for respondents.

, J. The plaintiff instituted an action against the defendants in Walsh county. The complaint alleges that the defendant Springen was in its employ as cashier and that the defendant Trust Company by its guaranty contract covenanted with the plaintiff to reimburse it for pecuniary loss that it might suffer through acts of fraud and dishonesty on the part of Springen as cashier; that in 1920, Springen, as cashier, misappropriated some $1,300 belonging to the plaintiff. The defendant Trust Company, in its answer, sets forth a general denial, alleged its office and principal place of business to be in Grand Forks county, and admitted the execution of the guaranty contract. The defendant Springen, in an amended answer, alleged, in addition to a general denial, an indebtedness of some $774 owing to the plaintiff by him, as determined