4 Cow. 555
Decided August 15, 1825
New York Supreme Court · decided 1825-08-15
The action was covenant. The defendant’s- attorney omitted to plead, or give notice of the special matter, supposing this unnecessary, till a few days before the circuit at which the cause was noticed for trial, when counsel advised to give the notice, but the plaintiff’s attorney refused to receive it. ' 0 '
Cited by 1 later decisions — most recently July 1856
Good law ✅— No negative treatment on recordhow we know
Decided 1825-08-15
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¶1The matter set forth in the notice proposed to be given is not frivolous; though there is doubt, perhaps, Whether the defendant can avail himself of it at law, and must not go to his bill in Equity. But on application to amend, we will not inquire into the merits of the amendment, farther than to see that it is not plainly fiivolous.
¶2Motion granted, on terms.