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 The New York Court of Appeals. People v. McDonald, 43 N. Y. 62, on lar ceny, — possession in owner; B11 rrill v. Boardman, 43 N. Y. 254, on illegal suspension; Kinnier v. Kinnier, 45 N. Y. 535, on for eign divorce; Newell v. Nichols, 75 N. Y. 78, on presumption of survivorship in com mon disaster; Manhattan Brass, etc. Co. v. Thompson, 58 N. Y. 80, on wife's liability on contract for benefit of husband.

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reasoner, and a remarkably trenchant and incisive writer. He is said to have had great power in the consultation-room. One of his brethren once said to me. "We may sometimes doubt that he is right, but it is almost impossible to refute him, and he fre quently carries his point by sheer intellec tual force and skill in argument." He possessed the rare art of putting vague and unfamiliar ideas in a William Fitch Allen. sinewy, exact, and lu cid style, and occa Judge Allen was sionally illuminated born in Connecticut, an arid subject with in 1808. Mis mother was a sister of the lambent humor (as mother of Chief-Judge in the celebrated dogChurch. He was grad case, Wiley v. Slater, uated at Union Col 22 Barb. 506). In lege in 1826. He was spite of the brilliancy a Democrat, and held of his mind and his many political and ju dialectical skill, he was dicial offices, including a patient investigator, that of comptroller, and his numerous and once declined the opinions indicate vast nomination for gov research. ernor, preferring the He had supreme judicial post. He was intrepidity and in elected a justice of the dependence. These Supreme Court in qualities were nobly 1847, and was re illustrated in his cele elected without oppobrated opinion against sitionin 1856,although cumulative sentences his district was strong in the case of Tweed SANFORD E. CHURCH ly against him in poli (People v. Liscomb, tics. He sat in the 60 N. Y. 559), — one Court of Appeals in 1855 and 1862, and was of the most unpopular, at the time of its defeated for that office in 1863. He died in delivery, that were ever uttered, but unani 1878, a few months before he would have mously concurred in by the court, and in been retired by reason of age. my judgment, although condemned in Eng He came to this court with a long judi land and in some of our States, clearly right cial experience and with a reputation for and just. It has undoubtedly settled the learning which was amply fulfilled. He was law for this State; and the court long since doubtless one of the most learned of our outlived the contemptible clamor and abuse judges, and was familiar with all branches of Charles O'Conor, Noah Davis, and the of the law. I doubt that any judge who hired libeller of " Harper's Weekly," and ever lived in this State was better equipped the ignorant chattering of all the parrot and more evenly balanced in general legal newspapers. learning. He was an expert and ingenious Judge Allen was actively interested in