New York Supreme Court, 1800

Cole v. Stafford

Cole v. Stafford
New York Supreme Court · Decided July 15, 1800
1 Cole. & Cai. Cas. 110; 1 Cole. Cas. 107

Counsel

Piker, for the defendant,, Wortmaiij contra.

Cole v. Stafford

Opinion of the Court

Per Curiam.

As affidavit has been made on the part of the defendant that the plea was sent by mail, and that it is believed it was received ; and as the plaintiff’s attorney, after receiving a copy of this affidavit, though he makes a counter affidavit several days afterwards, does not deny the reception of the plea, the court will intend that he did receive it.

*111Let the judgment be set aside, and on payment of sosts by the plaintiff’s attorney himself.

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