Superior Court of Buffalo October 15, 1870 (Bowen v. Bradley)

By the Court.*—Masten, J.

The precise question now presented for our consideration, was decided by this court in 1866, in the case of Moss v. Rainey. The case of Jewell v. Wright (30 N. Y., 259; S. C., 18 Abb. Pr., 80), is in conflict with our decision, and supports the judgment of the referee.

Being fully persuaded that the, decision of this court in Moss v.