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of court during term, but of which, from the facility afforded by writing short hand, the author was enabled to copy nearly the whole. The cases reported in 2 Caines' Cases in Error were given to him by Mr. Coleman on his quitting the bar, and had been furnished to him by the bench with a view to their being printed. Most of them have been since published in Mr. Johnson's Cases; those which were misreported, correctly; the matter of the others either a little added to, or the phraseology a little varied.

GEORGE CAINES. 8th April, 1813.

PREFACE

TO THE FIRST EDITION.

In a jurisprudence where the judgments of the past are to regulate those of future times; where that which has been, is to form the rule of that which is to be, the utility and importance of transmitting, to those who are yet to come, decisions of our days, to be acknowledged, need only be named. The inconveniences resulting from the want of a connected system of judicial reports, have been experienced and lamented by every member of that profession for whose use the following sheets are peculiarly designed. The determinations of the court have been with difficulty extended beyond the circle of those immediately concerned in the suits in which they were pronounced; points adjudged have been often forgotten, and instances might be adduced where those solemnly established, have, even by the bench, been treated as new. If this can happen to those before whom every subject of debate is necessarily agitated and determined, what must be the state of the lawyer, wbose sole information arises from his own practice, or the hearsay of others ? Formed on books, the doctrines of which have in many respects been wisely overruled, he must have frequently counselled without advice, and acted without a guide. To alleviate these embarrassments, and disseminate that which it concerns all to know, the following Reports have been undertaken. Their continuance will be regular by quarter-annually publishing in each vacation the decisions of the last preceding term.

The reporter would ill deserve the favors he has received did he not in the fullest manner avow their extent. Their Honors on the bench, with a kindness and warmth of encouragement, for which far more is felt than it is possible

to express, have unreservedly given their written opinions, and the whole bar has frankly and generously afforded their cases, and every other communication that was wished or desired. To these aids the clerk of the court has added an unlimited recurrence to the papers and pleadings his office contains.

From this enumeration of assistance it will appear that the reporter's exertions have been reduced to little more than arranging the materials received, and giving, in a summary manner, the arguments adduced. In stating these it has been necessary to condense; to shorten, but not deviate from the path counsel have been pleased to elect. So little has this been done, that in some instances, it has been thought right to tread in their steps, and the very words have been adhered to, because they have been considered as mirrors reflecting the case, without which it would often be impossible to behold it in the light represented to the bench. To omit altogether what the advocate has urged, and specify his points alone, has more than once been suggested; but believing the reasonings of the barrister to form the link which connects the case with the decision, it was thought impossible, without in some degree preserying the language of the pleader, to do justice to either. Notwithstanding every endeavor to render this, it must be confessed that it has not always been accomplished ; and the eloquent in the law will often have to regret the inadequacy of their reporter. For this their forgiveness in entreated : the fault is not in the man, but the nature of the thing. Where is the original that in the copy has not lost fire and colour? With this apology the reporter takes his leave of a bar to whom he is, in every sense of the word, truly obliged.

GEORGE CAINES, New-York, February, 1804.

TABLE

OF

CASES REPORTED.

(Those in Italics are from Manuscript Reports read or referred to.]

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495 Clason v. Lyle

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Abbott v. Broome .

292

Callagan et al. v. Hallett & Bowne 104 Abeel v. Woolcot and another

280 Camman v. N. Y. Ins. Company 114 Alexander v. Esten

152

Campbell v. Munger et al. 129 Allen v. Brace

107
Carpenter v. Butterfield .

71 Anonymous

24, 73 Arden and Close v. Rice, et al.

Caskaden, ex parte

346 498 Church v. United Ing. Company 7 Arjo v. Monterio 248 Clarkson v. Gilford

5 Atterbury v. Teller

323 Codwise et al. v. Hacker 74, 526 Cogswell v. Vanderburgh 155 Cole v. Stafford .

249 B

Coles et al. v. Thompson 517
Combs v. Wyckoff

. 147 Baker and Rowlson v. Arnold 258 Coullon v. Bowne .

288 Bancoft v. White

185 Barnwall v. Church

217 Bedle et Ux. v. Willet

7 Bell v. Rhinelander

20

D
Blagge v. United Ins. Company 549
Bogert and Lewis v. Hildreth
Bordes v. Hallet
444 Deas v. Smith

. 171 Bowne v. Hallett 617 Delamater v. Borland

593 V. Shaw Den v. Fenn

. 487 v. Neilson & Bunker

489 Depeyster & Charlton v. Gardner 492 Bowne v. N. Y. Ins. Company 290 Dirkee v. Bracket .

501 Braid v. Rodelicks and Shivers 73 Dow v. Smith

32 Brandt, ex dem. Rickels and an.

Drake et al. v. Eiwin et al."

184 other, v. Buckhouts 113 Duff v. Van Zanut

23 Brander, ex dem. Fitch, v. Mar.

Duguet v. Rhinelander

289 shall

394 Brett and Bunn v. Hood

343 Brinkerhoof v. Van Alstine 10 Brown & Kimberly v. Neilson &

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Bunker

525

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252

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Jackson, ex dem. Williams, v. Cham

berlin et al. Fallmer v. Steele

22

Hogeboom, v.
Foot v. Crosswell

. 498
Stiles

249, 501 Finch, v. Kough 251

Green, v. Bil-
G

lings

Putnam, v. Bowen Gilbert v. Brazier 13

358 Gilchrist v. Van Wagenen 499

Staring, v. DefenGilliland v. Morell . 154 dorf

493 Given v. Driggs .

Rosekrans, v. Howd Gordon v. Bowne , 613

503 Governeur & Kemble v, United

Smith, v. Ham-
Insurance Company

592 mond.
Same v. Same

Low et. al., v.
Graham v. Woodhull.

497
Reynolds

444 Griswold and another v. Stough

Prior et al., v.
ton.
6 Brown

484 Grover v. Green . 115 Jackson v. Mann

123 Jenks v. Hallet & Bowne.

60 Jones v. Emerson .

487 н Jones v. Reid

504

· 450

. 496

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. 157

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-- v. Dale

Hallett v. Cotton

11 Halsey v. Watson

24

K Hart v. Hosack

25 Hawkins v. Bradford . 160 Kemble v. Bowno.

76 Henderson v. Brown 92 Kirby v. Watkies

. 503 Herick v. Manley

253 Kirby v. Cogswell . 484, 505 Heyl v. Burling 14 Knap v. Palmer .

· 486 Hildreth v. Ellice

. 192 Hitchcock & Fitch v. Aicken. 460 Hoffman & Seaton v. Smith

L Hopkins v. Beedle

347 Houghton v. Strong

486 Lackey & Briggs v. M'Donald 116 Hudson v. Henry

67 Lawrence & Whitney v. Vanhorn Huguet v. Hallett 55 & Clarkson

276 Hunn v. Boyne 23 Lawrence v. Wagenen

. 276 Leavenworth v. Delafield

573 I

v. Bowne

v. Delafield Imlay v. Sands . . 566 Livingston v. Delafield .

6 v. Rogers 487, 583 Lodge v. Phelps

412 J Lowry v. Lawrence

69

Lusher v. Walton. Jackson, ex dem. Ludlow, v. Webb 116 Lyle v. Clason

323, 581 Jackson, ex dem. Jauncy, v. Cooper and another

19
Low et al., v.

M
Reynolds

20
· Potter, v. Hube M'Gregor v. Loveland

66 bard

82 M'Grath & Higgins v. Church. . 196
Winter
Mac-
M'Neil's Case .

72
Evoy .
151 M'Vickar v. Alden

58 Rodman, v. Brown Malin v. Kinney

117 152

v. Lane
Watson, v. Marsh Manhattan Co. v. Herber:

6
153
v. Smith.

67 Le Roy, v. Stern

v. Ledyar . 192 berg

162

v. Brower

511

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149

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