General
M'Nealy ads. Morrison
1 Cole. & Cai. Cas. 66·New York Supreme Court·1799·NY
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Opinion
M'Nealy ads. Morrison.
SLEIGHT, the plaintifl’s attorney, received a notice of retainer from Smith, in July ; in September following he received a like notice from Bowman, and twice seemed to recognize him, as the attorney in the suit, though he never served him with any declaration, but served it on Smithy and entered a default for want of a plea, which Bowman now moved to set aside on the above statement of facts.
[MAJORITY — Per Curiam.]
Per Curiam.
It was certainly incumbent on Sleight to have told Bowman, when he received his fBowman’s J notice of retainer, that he had received a similar notice from Smith.
Let the default be set aside ; the costs to abide the event of the suit. *