Civil Procedure · MBE-tested

Cornell v. Allen and Talmadge

1 Cole. & Cai. Cas. 75·New York Supreme Court·1799·NY

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Opinion

Cornell v. Allen and Talmadge. MOTION that judgment of nonsuit for not bringing on the cause to trial, be set aside. The suit was against the defendants jointly, on a promissory note. 'Talmadge only was brought in, and he employed an attorney. The note was after-wards, by agreement between Allen and a third person, taken up, and the costs paid by that person to the plaintiff’s attorney. The attorney employed by Talmadge, notwithstanding he was informed by the plaintiff’s attorney, that the note was so taken up, and the costs paid, filed a plea, the general issue, and served a copy on the plaintiff’s attorney ; and at a subsequent term, after there had been a circuit in the county, obtained the above rule for judgment of nonsuit. [MAJORITY] Judgment set aside ; and the attorney employed by Talmadge ordered to pay to the plaintiff’s attorney the costs of this motion.