Per Curiam.
The excuse is reasonable and sufficient» The plaintiff omitted to give notice of trial at his peril j but' the event shows that the notice would have been of no use, and have created only an unnecessary expense and: trouble.- The motion must be denied ; this must be understood, however, as applicable only to trials in the Citif of New-Tork, and with a view to the known course of business at the sittings and circuits in that place.
Rule refused»