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Bain v. Thomas

1 Cole. & Cai. Cas. 359 Court N.Y. Sup. Ct. English

Contents

Majority

p. 359
Casparus Bain v. David Thomas and James Green.

Headnote

RUSSEL moved for judgment as in case of non-suit.
Blanchard
resisted the application on an affidavit stating a conversation, which he considered as an agreement to waive the irregularity.
Russel
wished not to rely on the rule respecting written agreements, could the conversation be substantiated.

The court cannot take notice of agreements between attornies, unless reduced to writing. If it is intended to waive the rule on this "subject, the motion must be withdrawn; otherwise judgment of nonsuit must be entered, unless the plaintiff stipulate and pay costs.