Thomson v. Livingston , 6 Sandf. 539 ( 1851 )

Oaklet, Ch. J.,

delivered the opinion of the court, affirming the decision of the referee and the judgment at the special term, on the grounds stated in the syllabus of the case. T^he Chief Justice’s opinion was oral, and accidentally there was no note of it taken when it was delivered. The argument which led the court to the conclusion adopted, is contained in substance in the points of the plaintiff’s counsel.