Minto v. Baur

The case of Coster v. The Greenpoint Ferry Co., 5 Civ. Pro. 146, affirmed 98 N. Y. 660, was not overlooked. It was' not specially examined for the reason that it was not cited by Mr. De la Mare in support of his present contention, but in support* of another and entirely different proposition, namely: that the attorney might proceed in the action without leave especially obtained. Upon examining the case minutely in the light of Mr. De la Mare’s affidavit with regard to the precise facts, I think it is worthy of full consideration. The question is a difficult one, and in view of this Coster…