REPORTS OF CASES ARGUED AND DETERMINED IN THE COURT OF COMMON PLEAS FOR THE CITY AND COUNTY OF NEW YORK. BY HENRY HILTON, ONE OF THE JUDGES OF THE COURT. VOLUME I. NEW YORK: BANKS & BROTHERS, LAW PUBLISHERS, ALBANY: 475 BROADWAY. 1859. Entered according to act of Congress, in the year one thousand eight hundred and fifty-nine, BY BANKS & BROTHERS, In the clerk's office of the district court of the southern district of New York. REPORTER'S NOTE. In the preparation of these reports, much care has been taken to exclude all matter not considered essential to a complete understanding of the questions presented to the court for decision. The effect of adopting this course has been to enable the reporter to present an unusual number of cases in a single volume. With the exception of two cases at the close of the volume, and in which no appeal was taken, the decisions were made at General Term, held by all the Judges at the time composing the court. In 1855, those Judges were INGRAHAM, DALY, and WOODBUFF. In 1856 and 1857, INGRAHAM, DALY, and BRADY; and in 1858, DALY, BRADY, and HILTON. NEW YORK, October, 1859. The General Term cases in this volume are reported in their order, beginning in December, 1855, aud ending in April, 1858. JUDGE INGRAHAM occupied the position of First Judge until January, 1858, when he was succeeded by JUDGE DALY. JUDGE WOODRUFF was elected to the SUPERIOR COURT, and JUDGE INGRAHAM to the SUPREME COURT. The place of the former was filled by JUDGE BRADY, and of the latter by JUDGE HILTON. |