Abbott

This suit was started in Tulare County. One cause of action is upon a draft, and a second cause of action was for damages arising from a conspiracy between certain defendants to prevent delivery of the draft. Defendants moved for change of venue to the county where they reside.

(1) As to the first cause of action, the draft shows on its face that it was drawn and payable outside of Tulare County and that the indorsement by payee was only an intermediate act, so defendants’ affidavits that it was not made nor to be performed, and that no breach occurred in Tulare County, were not conclusions, and, because suit was upon the draft as a writing obligatory, and not upon the policy out of which it arose, the order of transfer was justified.

(2) The affidavits of defendants as related to the second cause of action in stating that the conspiracy did not take place in Tulare County were not open to objection as conclusions, but the allegations that no obligation or liability or damage arose in Tulare County are conclusions and fail to set forth the evidentiary facts. Damages for tort of the kind here attempted to be recovered would arise at the place of residence of plaintiff and no…