Per Curiam. We cannot travel back farther than the agreement stated. It appears, that the defendant had given the plaintiff a time, which, from accident, he could not keep : the amendments were sent with due speed, and so, that they might have arrived at Albany in season, if nothing had happened to prevent it. We cannot let the plaintiff suffer by circumstances, which he .could not controul. The verdict is in the hands of the plaintiff, and the defendant cannot be injured by a short delay.