It is unnecessary to refer to the numerous cases in the English books on this subject; the doctrine as laid

down in the case of Page 41 U. S. 426 Carter v. Murcot is universally recognized as the settled law on
the subject, and is fully adopted and sanctioned by the courts of this country. Numerous cases of this
description have come before the courts in the State of New York, and the principles and rules as laid
down in the case of Carter v. Murcot fully recognized and adopted. In the case of James v. Gould, 6
Cow. 376, the court in referring to that case, place the decision upon it, and say, "this is the
acknowledged law of Great Britain and of this state," and cases are referred to showing such to be the
settled law.