Jackson ex dem. Shultze v. Goes , 13 Johns. 518 ( 1816 )

P.LATT, J.,

was of opinion that the plaintiff was not entitled, to recover, and thought the ease clearly distinguishable from that of Jackson, ex. dem. Houseman, v. Hart the principle of which decision he held to be sound law.

Yates, J., and Van Ness, J., declared themselves to be of the same opinion.