General
M'Nealy ads. Morrison
1 Cole. Cas. 61·New York Supreme Court·1799·NY
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Opinion
M'Nealy ads. Morrison.
SLEIGHT, plaintiff’s attorney, received a notice of retainer from Smith, in J uly ; m September following he received a like notice from Bowman, and twice feemed recognize him as the attorney in the fuit, tho’ he never ferved him with any declaration, but ferved it on Smith, and entered a default for want of a plea, which Bowman now moved to fet afide on the above ftatement of faéls.
[MAJORITY — Per Cur.]
Per Cur.
It was certainly incumbent on Sleight to have told Bowman, when he received his notice of retainer, that he had received a fimilar notice from Smith.
Let the default be fet afide; the coils to abide the event of the fuit.