General
Ludlow against Heycraft
2 Cai. 386·New York Supreme Court of Judicature·1805·NY
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Opinion
Ludlow against Heycraft.
A plea sent by the post, will save a default.
This was an action against the acceptor of a bill of exchange, in which the plea, having been sent by the post, did not arrive in time, in consequence of which a default was entered. See 1 Caines’ Rep. 67, n. (b.)
Henry moved to set it aside, on affidavit that the acceptance was conditional.
Williams resisted,
because it did not appear to have been on the face of the bill.
Henry, in reply.
It might have been verbal, and is sworn to.
[MAJORITY — Per Ouriam.]
Per Ouriam.
Take your motion on payment of costs.
Motion granted.