ARGUED AND DETERMINED

IN THE

SUPREME COURT OF JUDICATURE,

AND IN THE

COURT FOR THE CORRECTION OF ERRORS

OF THE

STATE OF NEW-YORK.

BY JOHN L. WENDELL,

Counsellor at Law.

VOL. XXII.

SECOND EDITION.

ALBANY:
GOULD, BANKS & GOULD, 104 STATE-STREET.

NEW-YORK:
BANKS, GOULD & Co., 144 NASSAU-STREET.

1847.

“ Entered according to act of Congress, in the year one thousand eight hundred and forty, by John L. WENDELL, William Gould 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 hundred 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 specified in the title page immediately preceding this page.

Ree, Sekt, 26, 15°C

CHAUNCEY GOODRICH, Printer,

BURLINGTON, Vr.

MEMBERS OF THE COURT

FOR THE

CORRECTION OF ERRORS.

LUTHER BRADISH, President of the Senate.

REUBEN H. WALWORTH, Chancellor. SAMUEL NELSON, Chief Justice, ), GREENE C. BRONSON,

Supreme Court. ESEK COWEN,

SENATORS.

FIRST DISTRICT, HENRY FLOYD JONES, I GULIAN C. VERPLANCK, FREDERICK A. TALLMADGE, İ GABRIEL FURMAN.

SECOND DISTRICT, JOHN HUNTER,

HENRY A. LIVINGSTON, HENRY H. VAN DYCK,

DANIEL JOHNSON.

SIXTH DISTRICT, GEORGE HUNTINGTON,

LAURENS HULL, DANIEL S. DICKINSON,

ALVAH HUNT.

SEVENTH DISTRICT, JOHN BEARDSLEY,

JOHN MAYNARD, SAMUEL L. EDWARDS,

ROBERT C. NICHOLAS.

CHAUNCEY J. FOX,
SAMUEL WORKS,

EIGHTH DISTRICT,

WILLIAM A. MOSELEY,
HENRY HAWKINS.

JUDGES

OF THE

SUPREME COURT OF JUDICATURE

OF THE

STATE OF NEW-YORK,

DURING THE TIME OF THE TWENTY-SECOND VOLUME OF THESE REPORTS.

Akin, Van Rensselaer v. 549 Dakin, Thomas v.
Allens v. The Merchants Bank, 215 Dakin & Bacon, Williams v.
American Ins. Co., Ferriss v. 586 | Darling v. Rogers & Sagory,
Anon,

619 Deerfield Comm’rs, The Peo-
635 ple v.
656 Doan v. Hine's adm’rs,

Donaldson v. Wood,
Douglass & Dunn, Wilkin-

son v.

Dunkle, Garlock v. Barnum, Sackett v.

605 Beach, Child v.

558 Bettner, Fenner v.

621 Bird, Harmon v.

113 Blake, White v.

612 | Edwards, Jackson v. Bloodgood, Jenkins v.

645 | Evans v. Wells & Spring, Briggs, Varick's ex’rs v. 543 Brownell v. Marsh,

636 Buffalo Commercial Bank v. Kortright,

348
Buffalo Bank v. Lowry, 630 Fairchild, Clark v.

Fenner v. Bettner,
Ferguson, Lathrop v.
Ferriss v. American Ins. Co.
Fitch v. Commissioners of

Kirkland,
Carow, Hoffman v.

285 Flannelly, Gallagher y. Child v. Beach,

558 Ford v. Walsworth, Clark v. Fairchild,

576 Francis, Starr v. v. McClaughry,

6:27 Freeland v. Seely, Cole, Pearson v.

652)