Bean v. Mather
New York Court of Common Pleas
Appeal by the plaintiff from an order made at Special Term (IIiltox, J.), November 19th, 1863, vacating a judgment as to defendants. It appeared from the affidavits read on the motion, that the plaintiff obtained in May, 1861, on a default and inquest at the Trial Term, a judgment against tlie defendants Mather, Bixby, McIntyre, and Samuel Osgood.
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Appeal by the plaintiff from an order made at Special Term (IIiltox, J.), November 19th, 1863, vacating a judgment as to defendants. It appeared from the affidavits read on the motion, that the plaintiff obtained in May, 1861, on a default and inquest at the Trial Term, a judgment against tlie defendants Mather, Bixby, McIntyre, and Samuel Osgood. The defendants McIntyre, Mather, and Bixby, were copartners in 13*31, under the" firm-name of McIntyre, Bixby N Co. The action was upon two promissory notes made by Osgood to McIntyre for his personal accommodation, and by him indorsed in the…
1Opinion of the Court
By the Court.
Brady, J.
The rule of law that an appearance by a responsible attorney without collusion, is binding upon the person for whom he appears, and that for any injury resulting to him therefrom, such person muff pursue the attorney, has not been enforced rigorously in this State. The defendant has generally been permitted to come in and defend. Such was the order made in Denton v. Noyes (6 Johns. R., 296); in which the cases illustrative of the rule mentioned are collected and commented upon; also in the cases of Grazebrook v. McCreedie (9 Wend., 437); and Sterne v. Bentley (3 How. Pr.…
2Cases cited5 opinions
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
- Williams v. Van ValkenburgNew York Supreme Court · 1858
- Allen v. StoneNew York Supreme Court · 1851
- Blodget v. Conklin & ArnoldNew York Supreme Court · 1854
- Sterne v. BentleyNew York Supreme Court · 1848
3Cited by2 opinions
- Hamilton v. . WrightNew York Court of Appeals · 1868
- White v. CoulterNew York Supreme Court · 1874