2 How. Pr. 235
Decided September 15, 1846
New York Supreme Court · decided 1846-09-15
Motion by defendant to set aside default and subsequent proceedings. This suit was commenced by declaration on a promissory note. Declarations served 16th of December, 1845. Defendant’s attorney pleaded general issue and special plea, setting forth defendant’s insolvent discharge. The pleas were signed by defendant’s attorney, and his name and residence endorsed thereon as defendant’s attorney, but not accompanied by an affidavit of merits, or affidavit of verification.
Decided 1846-09-15
¶1The defendant has precluded himself from making this motion, by giving an indorsed note for the amount of the judgment, under an agreement which gives the plaintiffs an absolute right to the note in the event that the April motion should be denied. Although this is, in some respects, a hard case, we can give no relief.
¶2Motion denied with $7 costs.