43 N.E. 57 FRED WILLIAMS, Appellant, v. THOMAS J. MONTGOMERY et al., Defendants; JOHN B. POWELL, Respondent. Court of Appeals of the State of New York.Argued January 30, 1896 Decided February 18, 1896 Page 520 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]