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ARGUED AND DETERMINED

IN THE

COURT OF CHANCERY

OF THE

STATE OF NEW YORK,

BEFORE THE

HON. LEWIS H. SANDFORD,

LATE VICE-CHANCELLOR

OF THE FIRST OIROUIT.

VOL. III.

NEW YORK:
PUBLISHED BY BANKS, GOULD & CO.,
LAW BOOKSELLERS, No. 144 NASSAU STREET;

AND BY GOULD, BANKS & GOULD,

NO. 104 STATE STREET, ALBANY,

1848.

Entered according to the Act of Congress in the year eighteen hundred and forty-eight,

BY BANKS, GOULD & co. in the Clerk's Office of the District Court of the Southern District of New York.

rec. Feb.

1880

ALEXANDER S. GOULD, PRINTER,

No. 144 Nassau Street, New York.

PUBLISHERS' PREFACE.

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This volume brings down Vice-Chancellor Sandford's decisions to August, 1846. Another volume, which will be put to press without delay, will complete the series of his judgments in the court of chancery. Several of the cases which will appear in the fourth volume, are exceedingly interesting and important; such as Iddings v. Bruen, Monroe v. Douglas, The Heirs of Anneke Jans v. Trinity Church,; and others equally well known to the bar of New York.

The publishers venture to assure the profession, that the cases in the volume now issued, well sustain the interest and value of those which have preceded it.

The usury defences, and especially that of the Dry Dock Bank; the Gilbert Will case, and several others on the construction of wills, Clarke v. Sawyer, on the subject of mental capacity to make a valid will; the case of Smith's Executors, on the validity of an accommodation endorsement put in circulation after the endorser's death ; Sagory v. Dubois, on the liability of subscribers to stock in corporations and associations, to pay up their shares on the insolvency of the company; and the unusually intricate and important mortgage cases of Loomer and of King, will at once attract the attention of the reader. In short, a reference to the index will show that almost every head of equity jurisdiction, has been illustrated in this volume.

The publishers rely with confidence, on the continued approbation of the bar in their undertaking.

New York, March 10, 1848.

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CASES

REPORTED IN THIS VOLUME.

Church, Church v. .

434 Clarke v. Sawyer, . .

351 Conklin v Conklin, .

64 Allerton v. Johnson, 72 Conklin, Conklin v.

64 American Life Ins. and Trust Co., The Cooke v. Smith, . . . . . 333 New York Dry Dock Co. v. 215 Corey v. Boyd, .

501 Arnold v. Gilbert, . . . . 531 Coster's Executors v. Coster, . . 111

Coster, Coster's Executors v. . . 111
Cross, Berry v. . . . . .

i Currie, Hayes v. .

585 Cutler, The New York Life Insurance and Trust Company v.

176

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120 Farmers Loan and Trust Company v.
301 Perry, . . . . . . 339
293 Freeman v. Deming, . .

. . 327 30 Frost v. Bevin

188 434

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