REPORTS OF CASES

ARGUED AND DETERMINED

IN THE

SUPREME COURT OF JUDICATURE

AND IN THE

ร

COURT FOR THE CORRECTION OF ERRORS

OF THE

STATE OF NEW-YORK.

BY JOHN L. WENDELL,
Counsellor at Law.

VOL. XX.

ALBAN Y:

PUBLISHED BY WM. AND A. GOULD AND CO.
LAW BOOKSELLERS, NO. 108 STATE-STREET;

AND BY GOULD, BANKS AND CO.
LAW BOOKSELLERS, NEW-YORK.

C. VAN BENTHUYSEN AND CO. PRINTERS, ALBANY:
1846.

"Entered according to act of Congress, in the year one thousand eight hun. dred and forty, by John L. WENDELL, WILLIAM Ġould and Anthony Gould, in the clerk's office of the district court of the northern district of New York," for themselves and David BANKS as proprietors of the book, the title of which is specified in the title page immediately preceding this page.

“Entered according to act of Congress, in the year one thousand eight hun. dred and forty, by David Banks, in the clerk's office of the district court of the southern district of New York," for himself and John L. Wendell, William Gould and Anthony Gould as proprietors of the book, the title of which is spe. cified in the title page immediately preceding this page.

FOR THE

CORRECTION OF ERRORS.

LUTHER BRADISH, President of the Senate.

REUBEN H. WALWORTH, Chancellor.
SAMUEL NELSON, Chief Justice, )

Justices of the
GREENE C. BRONSON,
ESEK COWEN,

Supreme Court.

Senators.

FIRST DISTRICT. HENRY FLOYD JONES,

GULIAN C. VERPLANCK, FREDERICK A. TALLÑADGE, GABRIEL FURMAN.

SECOND DISTRICT. JOHN HUNTER,

HENRY A. LIVINGSTON, HENRY H. VAN DYCK,

DANIEL JOHNSON.

THIRD DISTRICT.
JAMES POWERS,

EDWARD P. LIVINGSTON,
ALONZO C. PAIGE.

SIXTH DISTRICT. GEORGE HUNTINGTON,

LAURENS HULL, DANIEL S. DICKINSON,

ALVAH HUNT.

SEVENTH DISTRICT. JOHN BEARDSLEY,

JOHN MAYNARD, SAMUEL L. EDWARDS,

ROBERT C. NICHOLAS.

JUDGES

OF THE

SUPREME COURT OF JUDICATURE

OF THE

STATE OF NEW-YORK,

DURING THE TIME OF THE TWENTIETH VOLUME OF THESE REPORTS.

Circuit Judges.
FIRST CIRCUIT,

FIFTH CIRCUIT,
OGDEN EDWARDS.

PHILO GRIDLEY.

A

TABLE

OF THE

NAMES OF THE CASES

REPORTED IN THIS VOLUME.

The letter v. follows the name of the plaintiff.

А
Buffalo City v. Scranton,

676 Acker, Peck v... 605| Bullock, Sands v,

680 The People v. 612 Burt, Salter v.

205 Allen y. Mapes,

633 Butler and others, Stoddard and Allens v. Suydam and Boyd, 321

others v.

507 American Ins. Co. v, Ogden,. 287 Anderson v. Anderson,

585

C
Anthony Street, In the matter of.. 618
Art-Street, In the matter of ...... 685 Cable v. Dakin,...

172 Atkins v. Kinnan, 241 Camp, Fairbanks v.

600 Carlton-Street, In the matter of .. 685 Carow, Hoffman v. ...

21 B Carr v. Ellison,

178 Baker, The People v. 602 Child, Starr v.

149 Barheydt v. Barheydt, 576 Clark, Nellis v...

24 Beekman v. Hudson, 53 Cochran v. Van Surlay,

365 v. Traver,..

67 Comptroller The, The People v.. 595 Benham v. Lumberman's Bank,. 673 Connell v. Lasscells,

77 Bennett v. Lockwood,.

223 Corlies v. Holmes, Berry, Braden v.......

55 Covill, Hitchcock v. Blake, Sprague V....... 51 Cribb, Bowne v.......

682 Bloomer, Vance v. 196 Crooke v. Slack,

177 Booth, Hinman and others v. .... 666 Cummings, Priest v. Bosworth v. Perhamus, 611 Curtis, Thomas v.

675 Boughton v. Bruce,

234 Bowne v. Cribb,

682

D Braden v. Berry,

55 Bradstreet, Emmets' adm’rs V.... 50 Dakin, Cable v....

172 Bruce, Boughton v. 234| Degroot v. Van Duzer,

390 Buffalo Commercial Bank, Kort. Delavan, Fidler v.

57 right v... 911 Denison, Hubbell v. ..

181

.... 681 ...... 167

338