Hyperlawhypertext legal database Bayard v. Samuel B. 1 Cole. & Cai. Cas. 456

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Bayard v. Samuel B.

1 Cole. & Cai. Cas. 456 Court N.Y. Sup. Ct. English

Contents

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p. 456
Samuel Bayard v. Samuel B. and Richard M. Malcolm.

Headnote

THE notice of motion was not for the first day of term.
Munro
accounted for this by an affidavit, stating that he had absolutely forgotten the day on which the term commenced, imagining it to be one week later than it realty was.
Harison, contra,
objected to the reception of this excuse, as Mr. Towt was the attorney on the record, therefore for him the forgetfulness of Mr. Munro could afford no excuse.

There can be no doubt of the mistake, nor but that the whole is in good faith.

Though Mr. Towt appears the attorney on record, every one knows the connexion between him and

p. 457
Mr. Munro. He is to be supposed to act only under the direction of Mr. Munro.