DECIDED IN THE COURT OF APPEALS 3887 OF THE STATE OF NEW YORK, FROM AND INCLUDING DECISIONS OF NOVEMBER 27, 1894, To WITH NOTES, REFERENCES AND INDEX. By H. E. SICKELS, STATE REPORTER. VOLUME CXLIV. ALBANY JAMES B. LYON. 1895. Entered, according to Act of Congress, in the year one thousand eight hundred and ninety-five, BY JOHN PALMER, SECRETARY OF THE STATE OF NEW YORK. In trust for the benefit of the People of the said State, in the office of the Librarian of Congress, at Washington, D. C. JUDGES OF THE COURT OF APPEALS. CHARLES ANDREWS, CHIEF JUDGE. ROBERT EARL,* FRANCIS M. FINCH, RUFUS W. PECKHAM, JOHN C. GRAY, DENIS O'BRIEN, EDWARD T. BARTLETT, ALBERT HAIGHT,+ ASSOCIATE JUDGES. * Term expired December 31, 1894, by virtue of provision of State Constitution (§ 13, art. 6), prohibiting a judge from holding office “longer than until and including the last day of December next after he shall be seventy years of age." Elected November 6, 1894, vice ROBERT EARL, |