107 Me. 334 | Me. | 1910
The facts are these.
On March 24, 1909, Morgan & Co. brought suit against Harry M. Taylor, the now. petitioner for review, returnable at the May term, 1909, of the Superior Court for Cumberland County. The attachment of personal property made in this suit was vacated before entry, by the defendant giving bond with sureties under R. S., ch. 83, sec. 79. No appearance was entered for the defendant in the Superior Court and judgment was rendered for the plaintiffs Morgan & Co. by default, on June 4, 1909, for $184.85.
On April 15, 1909, Taylor was adjudged bankrupt upon involuntary proceedings in the United States District Court and a composition settlement was confirmed on June 5, 1909. Morgan & Co. were included in the list of creditors but did not appear and file proof of their claim. Taylor employed an attorney in his bankruptcy proceedings and instructed him to enter his appearance in that case and to protect his interests. The attorney assured him that he would, but failed to do so. The plaintiff’s attorney also called Taylor’s attention to the case after it was entered in court and before judgment and suggested that he see his attorney in relation to it as he was going on with the matter if it was not attended to. Taylor says that he subsequently interviewed his attorney and told him again to look after the matter and "see what the trouble was,” which the attorney promised to do. It further appears that during the pendency of the suit several interviews.took place betweep the attorneys of the two parties in which was discussed the question whether the bankruptcy of Taylor relieved the sureties on the attachment bond. Whether Taylor’s attorney came to the conclusion that this was the legal consequence and therefore thought it useless to enter his appearance in the suit and suggest the bankruptcy of the defendant, there being no controversy as to the debt itself or its amount, or whether lie simply neglected to do so does not appear. The attorney was not called as a witness in these proceedings. His explanation we are deprived of. We do not know whether it was a mistake or
Petition denied with costs for respondent.