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Entered according to Act of Congress, in the year 1870, by

BANKS & BROTHERS, In the Clerk's Office of the District Court of the United States, for the Northern District

of New York.

Ree. Oct, 29,1890,

PREFACE.

Prior to the action of the legislature in 1869, there had beer no legislative provision for the separate official publication of the decisions of the Supreme Court of this State. The duties of State reporter, under the old system, embraced the publication of decisions in the court for the correction of errors, as well as in the Supreme Court, and they were given to the public in the same volumes.

The vast and unprecedented jurisdiction, both original and appellate, conferred upon this court by the system organized upon the constitution of 1846, and the multiplicity and importance of the causes, arising in the constantly increasing population and business of the State, would seem to have demanded some express provision for authentic reports of its adjudications, and the subject must at an early day have received attention from the law-making power, had not the efforts of individuals been put forward to supply the want.

The law of 1869 provides for the appointment of a reporter for the Supreme Court, and for the delivery to him of the decisions therein, which are designed to be reported.

My appointment under this law, bears date in the middle of June last, and this volume of reports, delayed far beyond the time originally set for its publication, by causes which I have been unable to control, is given to the public in discharge of duties thereby devolved on me.

I submit its pages to the profession, in the hope and belief, that the experience gained in the preparation of this volume, will enable the reporter, in future efforts in the same direction, to improve upon this.

ABRAHAM LANSING. ALBANY, March 30, 1870.

JUSTICES OF THE SUPREME COURT

DURING THE YEAR 1869.

First District : THOMAS W. CLERKE.DANIEL P. INGRAHAM. JOSIAH SUTHERLAND. ALBERT CARDOZO.

GEORGE G. BARNARD.

Second District : JOIN A. LOTT.

JASPER W. GILBERT. JOSEPH F. BARNARD, ABRAHAM B. TAPPEN.

Third District :
TIIEODORE MILLER. HENRY HOGEBOOM.
CHARLES R. INGALLS. RUFUS W. PECKHAM.

Fourth District :
AMAZIAH B. JAMES. PLATT POTTER.
ENOCII H. ROSEKRANS. AUGUSTUS BOCKES.

Fifth District :
WILLIAM J. BACON.+ JOSEPH MULLIN.
IIENRY A. FOSTER. LEROY MORGAN.

Sixth District :
WILLIAM MURRAY, JR. DOUGLASS BOARDMAN.
RANSOM BALCOM.+ JOHN M. PARKER.

Seventh District :
CHARLES C. DWIGHT. THOMAS A. JOHNSON
E. DARWIN SMITH. JAMES C. SMITH.

Eighth District :
CHARLES DANIELS. GEORGE D. LAMONT.
RICHARD P. MARVIN. GEORGE BARKER.

John R. BRADY, CALVIN E. PRATT, CHARLES H. DOOLITTLE and JOIN L. Talcott succeeded Justices CLERKE, Lotr, Bacon and LAMONT, respectively, whose terms of office expired with the year 1869.

The judges whose names are marked thus t were the presiding justices. Justices Lott, JAMES, MURRAY and DANIELS sat in the Court of Appeals during 1869, and Justice Lort became a judge of that court from that time. Justices SUTHERLAND, INGALLS, FOSTER and E. D. SMITH are now sitting in the Court of Appeals.

CASES REPORTED IN THIS VOLUME.

A.

PAGE. Acer v. Westcott......

193 Albany and Susquehanna Railroad Co., Phelan v.

258 Albany and Susquehanna Rail

road, The People v.... 308 Allen, People v...

248 Allen, Smith v....

101 American Bank Note Co., v. Edson

388 Aspinwall v. Torrance.. 381

PAGR. Clinton v. Eddy

61 Colie, Bordewell v...

141 Cooke v. The State National Bank of Boston..

494 Cook, Olendorf v

37 Copley v. O'Neil.

214 Cowing, Hanse v.

288
Crane, Hayden v.
Cruger v. Dougherty ... 464
Cummings v. The New York and

Oswego Midland Railroad Co 68

181

D.
B.
Dorn, Hicks v.

81 Baldwin v. The U.S. Telegraph Dougherty, Cruger v

464 Co.....

125 Barnes v. Buck

268 Biurry, Blossom v

190

E. Brussett, Shadbolt v.

121 Beeman, Stiles v.. 90 Eccleston, Sprague v

74 Bitner, Williams v. 200 Eddy, Clinton v

61 Plossom v. Barry

190 Edson, The American Bank Note Board of Supervisors of Living

Co. V...

388 ston County, Newman v..... 476 Bordewell v. Colie

141 Bowen v. Powell..

1

F. Bridger v. Pierson

481 Bristol, People v..

45
Ferguson, Winslow v,

436 Buck, Barnes v 268 Fields, The People v

222 Bucklin v. Chapin 443 France v. McElhone....

7 Burch, Campbell v. 178 Fryer, Huggans v.

276 Burnap v. Losey ..

111

G.

O.

Cady v. McDowell ......
Campbell v. Burch
Chapin, Bucklin v.

Gage v. Jaqueth
484 Gale v. Miller..
178 Gilson v. Madden
443 | Granger v. Olcott

207 451 172 165

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