1 Johns. Cas. 28
Decided January 15, 1799
New York Supreme Court · decided 1799-01-15
The plaintiff’s attorney received notice from an attorney . for the. defendant, in July ; and in September following, received the like notice from another attorney ; the copy of the declaration was served on the first attorney, but not on the second, and a default entered for want of a plea, which the second attorney now moved to set aside.
Cited by 4 later decisions — most recently April 1849
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1799-01-15
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¶1It was incumbent on the plaintiff’s attorney, to inform the attorney from whom he received the *second notice of retainer, that he had already a [*29], *32similar notice from another attorney, so as to prevent a surprise. Let the default be set aside, with costs.
¶2Rule granted. ■
¶3 S. C. C. 61.