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19 Wend. 641

Loomis v.

New York Supreme Court

Decided March 15, 1839

New York Supreme Court · decided 1839-03-15

Motion by defendant to set aside report of referees, on the ground that neither a replication to a plea of payment, or a notice of hearing had been served. The defendant, who is an attorney, defends in person. Pending the suit he appointed' a new law agent in Albany, without notice to the first agent that his services were no longer required.

Decided 1839-03-15

¶1By the Court,

Bronson, J.

¶2Parties are not bound to search the agency book every time they serve a paper. When these proceedings were commenced, Mr. Dean was the defendant’s law agent, and the plaintiff’s attorney was regular in continuing to serve papers upon him, so long as he acted as agent. If the defendant had advised Mr. Dean *642that he had appointed a new agent and no longer desired his gerv]-ceg> jy[ti Dean would not have received the papers, and would have told the plaintiff’s attorney of the change. The accident which has happened is chargeable to the defendant’s own neglect. But he swears to merits, and must be relieved on payment of costs.

¶3Ordered accordingly.

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