Alferitz

This is an appeal by H. Cahen, one of the defendants, from an order denying his motion to vacate a judgment against himself. The motion was made under section 473 of the Code of Civil Procedure, and reliance was had principally upon the ground of the mistake of his attorney.

The action was commenced in 1894 against the defendants, as copartners, under the firm name of A. Cahen" & Son, for the conversion of seventeen bales of wool. The defendants answered by general denial. The ease slumbered for some six years, during which time plaintiff had died, and his personal representatives had been substituted. Defendants’ attorney, not having had occasion during this time to refresh his memory as to the facts, had forgotten that the action was against A. Cahen and H. Cahen, and assumed that it was against A. Cahen alone. His mistaken belief in this regard was promoted, if not prompted, by the fact, as appears from his affidavit, that the partnership had been dissolved before the date of the alleged conversion, and that as a consequence, if there had been a conversion of plaintiff’s goods, the defendant H. Cahen was not responsible therefor. The attorney for the plaintiffs came to the…