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Rathbone v. Blackford

1 Cai. 343 Court N.Y. Sup. Ct. English

Contents

Majority

p. 425
Rathbone against Blackford.

Headnote

An affidavit of service on a person in an attorney’s office, must show that there is a relation between him and the person served.
The service of a notice in this cause, was stated in the affidavit to have been on a person in the office of the attorney.

It is not sufficient. There does not appear to be any relation between the party served and the attorney. The notice might have been given to a mere stranger. A connection ought, therefore, to have been stated, so that the court might be convinced of a privity between the party to whom the notice is delivered, and the attorney on whom it is meant to take effect. See ante, p. 73.[1]

[1] [1] See also Code of Procedure, sec. 409.