Wardell v. Eden
New York Supreme Court
A BOND had been executed by Eden to Wardell, conditioned for the payment of 50,000 dollars; which, iSn the 17th of July last, was assigned for a valuable consideration to Nathaniel Olcott, and by him, on the 1st of August, to Solomon Rowe, and by him, on the 7th of October, to the Bank of New-York. On the 7th day of October, Olcott became a bankrupt, and on the next day Rowe died insolvent.
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A BOND had been executed by Eden to Wardell, conditioned for the payment of 50,000 dollars; which, iSn the 17th of July last, was assigned for a valuable consideration to Nathaniel Olcott, and by him, on the 1st of August, to Solomon Rowe, and by him, on the 7th of October, to the Bank of New-York. On the 7th day of October, Olcott became a bankrupt, and on the next day Rowe died insolvent. The Bank immediately gave notice to Eden of the assignment to them, and forbid his paying any part of the bond to Wardell, and gave a notice likewise to Wardell, forbidding him to receive any thing from…
1Per curiam
Both services cannot be good; wherever there is an attorney retained* the service must be on him ; therefore, the service on Eden himself was irregular, but the service on the attorney’s brother being in his office, waá good. Lansing, Ch. J. and Lewis, J. were of opinion, that the attorney in this case being constituted only an attorney to confess judgment, his authority expired with that act, and therefore, he could no longer be considered as attorney in the suit, but they both agreed that the service on Eden was well made.
B. Livingston then, before the counsel for the Bank proceeded in the…
2Cited by9 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of ZimmermanNew York Surrogate's Court · 1918
- Caines v. BrisbanCourt for the Trial of Impeachments and Correction of Errors · 1815
- Henry v. BrownNew York Supreme Court · 1821
- Hay v. Alexandria & W. R.U.S. Circuit Court for the District of Eastern Virginia · 1877
- Sawyer v. GillU.S. Circuit Court for the District of Maine · 1847
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