Banking Commission v. Flanagan

Late in October, 1938, the plaintiff instituted a suit against the defendant by service of a summons. The defendant appeared by serving a notice of retainer. The notice of retainer was inclosed in an envelope and mailed to the attorneys for the plaintiff with a request that plaintiff’s attorney admit service. In response to this request plaintiff’s attorney signed the following admission:

“Due sufficient and personal service of the within notice of retainer admitted this 28th day of October, 1938. Robert B. Murphy, Attorney for Plaintiff.”

On December 21, 1938, plaintiff’s attorney mailed to…