Douw v. Rice

New York Supreme Court

Douw v. Rice

11 N.Y. 178

DecidedApril 15, 1834

StatusPublished

This text of 11 N.Y. 178 (Douw v. Rice) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Douw v. Rice, 11 N.Y. 178 (N.Y. Super. Ct. 1834).

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Opinion

By the Court,

Savage, Ch. J.

Take notice of a rule to plead would be a good notice endorsed on a declaration served on an attorney, and surely the service of a declaration, with a notice like that endorsed in this case on a party, was enough to put him on inquiry. There is no complaint that the defendant *has been misled ; and it is manifest, therefore, that this is an attempt to take advantage of a mere inadvertence. The motion is denied with costs.

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By the Court,

Savage, Ch. J.

Take notice of a rule to plead would be a good notice endorsed on a declaration served on an attorney, and surely the service of a declaration, with a notice like that endorsed in this case on a party, was enough to put him on inquiry. There is no complaint that the defendant *has been misled ; and it is manifest, therefore, that this is an attempt to take advantage of a mere inadvertence. The motion is denied with costs.

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Bluebook (online)

11 N.Y. 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douw-v-rice-nysupct-1834.