Gaul v. Groat

Decided May 15, 1823

New York Supreme Court · decided 1823-05-15

Certiorari from a Justice's Court» AsSumpsit, by Groat against Gaul, upon a promissory note. The defendant appeared, in person, and pleaded that he was an infant, at the time of giving the note, and the cause was adjourned. At the adjourned day, the defendant’s father offered to appear for . him. His authority being demanded, he admitted that he had no written authority, but said that his son had requested him to attend for him.

Decided 1823-05-15

Curia.

¶1The defendant has a right-to appear by attorney, and can constitute such attorney by parol;(a) but such an authority ought, in general, to be clearly proved. In this case the proof was very loose. The father was a competent witness to prove his authority, if, in truth, he had any. (b) The fact, of not offering himself for that purpose, affords some ground for presuming against his authority. But, considering the relation subsisting between him and the ' defendant, we think the evidence sufficient.

¶2Judgment reversed.

¶3Murray v. House, 11 John. Rep. 464.

¶4Caniff v. Myers, 15 John. Rep. 246.