to a final order in accordance with the views | here expressed. See, also, 157 App. Div. 936, 937, 142 N. Y. Supp. 1127; 160 App. Div. 902, 144 N. Y. Supp. 1126; 161 App. Div. 887, 937, 145 N. Y. Supp. 1130. LOMBARDO, Respondent, V. JAMES STEWART & CO., Inc., Appellant. (Supreme Court, Appellate Division, Third Department. November 11, 1914.) Action by Frank Lombardo, an infant, etc., against James Stewart & Co., Incorporated. No opinion. Judgment and order unanimously affirmed, with costs. LOUCKS, Respondent, v. LOUCKS, Appellant. (Supreme Court, Appellate Division, Fourth Department. September 23, 1914.) Action by Millie Loucks against Frank D. Loucks. No opinion. Motion granted, and appeals dismissed, with costs. LOUDON, Appellant, v. SOLLING, Respondent. (Supreme Court, Appellate Division, Second Department. November 6, 1914.) Action by George Loudon against William A. Solling. PER CURIAM. The evidence presents a question of fact for the jury. Judgment reversed, and new trial granted; costs to abide the event. LYNCH, Respondent, v. MURPHY, Appellant. (Supreme Court, Appellate Division, First Department. November 6, 1914.) Action by Margaret A. Lynch against Anna Murphy. R. Victor, of New York City, for appellant. B. E. Messler, of New York City, for respondent. PER CURIAM. Determination (81 Misc. Rep. 180, 142 N. Y. Supp. 373) affirmed, with costs. Order filed. INGRAHAM, P. J., dissents, on the ground that the contract sued on was not in writing and was void under the statute of frauds. also, 148 N. Y. Supp. 1127. See, MCCANN, Respondent, v. CUTLER-WILLIAMS CORPORATION, Appellant. COMMERCIAL ADVERTISER ASS'N v. SAME. (Supreme Court, Appellate Division, First Department. October 30, 1914.) Actions by Alfred W. McCann and the Commercial Advertiser Association against the Cutler-Williams Corporation. M. R. Matheson, of New York City, for appellant. W. H. Pollak, of New York City, for respondents. No opinion. Orders modified, by striking out the provision excluding testimony, and, as modified, affirmed, without costs. Settle orders on notice. MCCLINTOCK v. CITY OF NEW YORK. (Supreme Court, Appellate Division, Second Department. October 16, 1914.) Action by PER CURIAM. Order appealed from modified, by requiring that the plaintiff, within five days from the service upon plaintiff's attorneys of a copy of this order and notice of entry thereof, give an undertaking to the effect that the plaintiff will pay to the defendants enjoined such damages, not exceeding the sum of $25,000, as they or either of them may sustain by reason of the injunction, if the court finally decides that the plaintiff was not entitled thereto, and that, upon the plaintiff giving and filing such undertaking, the defendants, and each of them, and their respective officers, directors, agents, attorneys, contractors, representatives, and servants, be enjoined and restrained as stated in said order appealed from; but, if such undertaking be not given and filed within the time stated, the motion for a temporary injunction is denied. No costs are allowed on this appeal to any party. Held, that a case was presented by the papers warranting the granting of the temporary injunction, and that, in view of the disposition of the appeal now made by this court, it is not necessary to pass further upon the questions sought to be presented therein. See, also, 149 N. Y. Supp. 1094. MOGARRY, Respondent, v. McGARRY, Appellant. (Supreme Court, Appellate Division, Second Department. October 2, 1914.) Action by Catharine McGarry against John P. McGarry. No opinion. Interlocutory judgment affirmed, with costs. MCGOVERN, Respondent, v. LEHIGH VAL LEY R. CO.. Appellant. (Supreme Court, Appellate Division, Third Department. September 9, 1914.) Action by Margaret McGovern, as sole administratrix, etc., against the Lehigh Valley Railroad Company. PER CURIAM. Motion granted. See, also, 148 N. Y. Supp. 1128. KELLOGG, J., not sitting. MCLAUGHLIN v. BOARD OF EDUCATION. (Supreme Court, Appellate Division, First Department. October 16, 1914.) Action by John McLaughlin against the Board of EdNo opinion. Motion granted, with ucation. $10 costs. Order filed. MCLAUGHLIN v. BOARD OF EDUCATION. (Supreme Court, Appellate Division, First Department. October 16, 1914.) Action by Walter J. McLaughlin against the Board of Education. No opinion. Motion granted, with $10 costs. Order filed. 1914.) In the matter of the petition of Eva A. MacNeil, as administratrix, etc., of Rufus R. MacNeil, deceased, for an order acquiring Dix W. Smith, as committee, to account. No opinion. Transferred to the Fourth Department. MCNULTY v. CITY OF NEW YORK. (Supreme Court, Appellate Division, First Department. October 16, 1914.) Action by Patrick J. McNulty against the City of New York. No opinion. Motion granted, with $10 costs. Order filed. See, also, 161 App. Div. 925, 146 N. Y. Supp. 1099. MCNULTY BROS. v. OFFERMAN et al. (Supreme Court, Appellate Division, Second Department. November 6, 1914.) Action by McNulty Bros. against Carsten Henry Offerman and others. No opinion. Motions granted. See, also, 149 N. Y. Supp. 375. MACHLEDER, Respondent, V. GLOBE TAXICAB CO., Appellant. (Supreme Court, Appellate Division, First Department. October 16, 1914.) Action by Samuel Machleder against the Globe Taxicab Company. B. L. Marks, of New York City, for appellant. Harry Robitzek, of New York City, for respondent. Νο opinion. Order affirmed, with $10 costs and disbursements. Order filed. MAGEE v. FISH. Court, Appellate Division, First Department. Modi PER CURIAM. The order appealed from is modified, by denying the motion to strike out the portion directed by said order to be stricken MCLAUGHLIN v. MCLAUGHLIN. (Su- out in paragraphs fifth and sixth of the compreme Court, Appellate Division, First Depart-plaint, and, as so modified, affirmed, without ment. October 16, 1914.) Action by William costs. W. McLaughlin, Jr., against Violette McLaughlin. No opinion. Motion granted, without costs. Order filed. MAGEWORTH, Respondent, v. MEHLER, Appellant. (Supreme Court, Appellate Division, First Department. October 30, 1914.) Action MCLAUGHLIN, Respondent. v. SPECHT et by J. Otis Mageworth against Andrew Mehler. al., Appellants. (Supreme Court, Appellate Di-G. H. Francoeur, of New York City, for appelvision, Fourth Department. October 22, 1914.) lant. A. A. Wheat, of New York City, for Action by John McLaughlin, suing on behalf of respondent. No opinion. Judgment and order himself and other stockholders of the Glen- affirmed, with costs. Order filed. side Woolen Mills, against Theodore W. Specht and others. No opinion. Order affirmed, with $10 costs and disbursements. See, also, 148 N. Y. Supp. 1128. In re MacNEIL. (Supreme Court, Appellate MAMARONECK SASH, DOOR & TRIM CO., Inc., v. WOOD et al. (Supreme Court, Appellate Division, Second Department. October 2, 1914.) Action by the Mamaroneck against Francis B. Wood and others. No opin- | Division, First Department. October 16, 1914.) ion. Motion denied, with $10 costs. MANILLA ANCHOR BREWING CO. v. RAW SILK TRADING CO. et al. (Supreme Court, Appellate Division, Second Department. October 2, 1914.) Action by the Manilla Anchor Brewing Company against the Raw Silk Trading Company and others. No opinion. Motion granted, without costs. See, also, 148 N. Y. Supp. 1129. MARCANTONIO, Respondent, v. SWANCOTT et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. October 22, 1914.) Action by Anthony Marcantonio against G. Harry Swancott and others. No opinion. Judgment and order affirmed, with costs. Action by Kate S. Masterton against Robert S. Masterton. A. Ritchie, of New York City, for appellant. G. G. Battle, of New York City, for respondent. No opinion. Order modified, as directed in order, and, as modified, affirmed, without costs. Order filed. MATHESON, Respondent, v. MENTE et al., Appellants. (Supreme Court, Appellate Division, Second Department. October 16, 1914.) Action by Malcolm Ross Matheson, as substituted trustee, etc., of Richard J. Stainton, deceased, against Ottilie Mente and others. No opinion. On consent of respondent, motion granted as of the time of the entry of the order sought to be amended, without costs. Settle order before Mr. Justice Thomas. See, also, 148 N. Y. Supp. 1130. MARSH, Respondent, v. WARD, Appellant. (Supreme Court, Appellate Division, First De-Appellants. partment. October 30, 1914.) Action by William T. Marsh against Marshall E. Ward. H. C. Burnstine, of New York City, for appellant. C. O. Maas, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. MEAGHER, Respondent, v. HEARN et al., (Supreme Court, Appellate Division, First Department. October 30, 1914.) Action by Mary F. Meagher, as administratrix, against George A. Hearn and others. E. F. Lindsay, of New York City, for appellants. F. W. Holmes, of Brooklyn, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. MEDLEY v. FIFTH AVE. COACH CO. MARSHFIELD, Appellant, V. VILLAGE OF SOLVAY, Respondent. (Supreme Court, Appellate Division, Fourth Department. Octo- (Supreme Court, Appellate Division, First Deber 7, 1914.) Action by Anna Marshfield partment. October 30, 1914.) Action by Lillie against the Village of Solvay. No opinion. M. Medley against the Fifth Avenue Coach Judgment and order affirmed, with costs. Company. No opinion. Motion granted, with $10 costs. Order filed. Octo MARTIN v. WHITNEY. (Supreme Court, Appellate Division, First Department. ber 16, 1914.) Action by Robert H. Martin against Henry M. Whitney. No opinion. Motion granted, with $10 costs. Order filed. MELE, Appellant, v. WATERBURY CO., Respondent. (Supreme Court, Appellate Division, Second Department. October 2, 1914.) Action by Giuseppe Mele against the Waterbury Company. MASON-SEAMAN TRANSP. CO. v. HEFFERNAN et al. (No. 6215.) (Supreme Court, Appellate Division, First Department. October 16, 1914.) Appeal from Special Term, New York County. Action by the Mason-Seaman Transportation Company against Margaret Heffernan and another. From an order restrain-mitted to examine during business hours such ing defendants from prosecuting certain Municipal Court actions during the pendency of the action, defendants appeal. Modified and affirmed. Henry B. Leary, of New York City, for appellants. Henry B. Twombly, of New York City, for respondent. PER CURIAM. The order appealed from is modified, by requiring the plaintiff to give a bond in the sum of $1,500, and, as so modified, affirmed, without costs. PER CURIAM. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, to the extent of giving plaintiff, accompanied by not more than two persons, an inspection of the machine by which he claims to have been hurt, together with its equipment and appurtenances; that such persons be permachine, both in operation and at rest, and to take a photograph of the same; that plaintiff give in writing notice to defendant's attorneys, two days before such inspection, of the day and hour when the same will be had; and that at the time named such inspection and photograph be made within a period not exceeding 15 minutes. See Pasuk v. American Manufacturing Co., 160 App. Div. 909, 144 N. Y. Supp. 1134. MERRILL v. UNITED BOX BOARD & PAMASTERTON, Respondent, v. MASTER-PER CO. (Supreme Court, Appellate Division, TON, Appellant. (Supreme Court, Appellate Third Department. September 15, 1914.) Ac tion by Cyrus S. Merrill against the United Box Board & Paper Company. No opinion. Motion denied. See, also, 148 N. Y. Supp. 1130. METROPOLITAN LIFE INS. CO. Appellant, v. HYDREX FELT & ENGINEERING CO. et al., Respondents. (Supreme Court, Appellate Division. First Department. October 16, 1914.) Action by the Metropolitan Life Insur ance Company against the Hydrex Felt & Engineering Company and others. F. C. Lawyer, of New York City, for appellant. J. D. Fackenthal, of New York City, for respondents. No opinion. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. Order filed. MILLER et al., Respondents, v. KREPPS et al., Appellants. (Supreme Court, Appellate Division, Third Department. November 11, MILLS, Respondent, v. NEW YORK, N. H. & H. R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. November 6, 1914.) Action by Charles H. Mills against the New York, New Haven & Hartford Railroad Company. PER CURIAM. Judgment and order reversed, and new trial granted, costs to abide the event. We think that the great preponderance of evidence is to the effect that plaintiff could have seen the engine approaching if he had looked. The darkness was not sufficient to prevent this. MIRR, Respondent, v. MCCREERY, Appellant. (Supreme Court, Appellate Division, Second Department. November 6, 1914.) Action by Edward Mirr, an infant, by Mary Mirr, his guardian ad litem, against Robert S. McCreery. PER CURIAM. Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the amount of recovery to the sum of $7,500, exclusive of costs, in which event the judgment, as so modified, and the order, are unanimously affirmed, without costs. MOFFETT, Respondent, v. STAPLES, Appellant. (Supreme Court, Appellate Division, Fourth Department. September 30, 1914.) Action by John F. Moffett against Orren G. Staples. No opinion. Judgment and order affirmed, with costs. MOHAWK IMPROVEMENT CO., Inc., Respondent, v. EVEREST et al., Appellants. (Supreme Court, Appellate Division, Third Department. September 23, 1914.) Action by the Mohawk Improvement Company, Incorporated, against Mortimer Everest and another. No opinion. Order modified, by striking out the requirement of the order numbered 6, and, as so modified, affirmed, without costs. MOOSMAN, Appellant, v. NEW YORK, N. H. & H. R. CO., Respondent. (Supreme Court, Appellate Division, Second Department. October 30, 1914.) Action by Johanna Miller Moosman, as administratrix, etc., of Jacob Henry Moosman, deceased, against the New York, New Haven & Hartford Railroad Company. No opinion. Judgment unanimously affirmed, with costs, upon the ground that there is no evidence that the deceased was free from contributory negligence. Le Duc v. New York Cent. & H. R. R. Co., 92 App. Div. 107, 87 N. Y. Supp. 364; Sackheim v. Pigueron, 163 App. Div. 180, 148 N. Y. Supp. 27. MORRIS et al. v. CAHN et al. (Supreme Court, Appellate Division, First Department. November 13, 1914.) Action by Abram Morris and another against Ferdinand Cahn and another. With this case has been consolidated in this court cases bearing titles as follows: Abram Morris et al. v. Ferdinand Cahn et al.; Alice Keteltas v. Interboro Rapid Transit Co.; David M. Jacobs v. Edward L. White et al.; Chas. Yung v. Anna M. Blake. No opinions. Motions denied, with $10 costs. Orders filed. See, also, 149 N. Y. Supp. 1098. MORSE, Respondent, v. CORNING & P. P. ST. RY. CO., Appellant. (Supreme Court, ApOctober pellate Division, Fourth Department. 7, 1914.) Action by Benjamin Morse, an infant, etc., against the Corning & Painted Post Street Railway Company. No opinion. Judgment and order affirmed, with costs. MOSS et al., Respondents, v. SILVERMAN, (Supreme Court, Appellate DiviAppellant. October 23, 1914) sion. First Department. Action by Emma Moss and others against Arthur E. Silverman. E. S. Cahn, of New York City, for appellant. E. Dreyfus, of New York Judgment City, for respondents. No opinion. and order affirmed, with costs. Order filed. In re MULLIGAN. pellate Division, First Department. (Supreme Court, ApOctober 16, 1914.) In the matter of Agnes K. Mulligan. No opinion. Motion granted, unless appellant complies with terms stated in order. Order filed. See, also, 82 Misc. Rep. 336, 143 N. Y. Supp. 686. MURPHY v. CITY OF NEW YORK. (Su preme Court, Appellate Division. First Depart ment. November 13, 1914.) Action by Willian A. Murphy against the City of New York. No opinion. Motion granted, with $10 costs. Order filed. MUTUAL LIFE INS. CO., Respondent. v. STEPHENS et al., Appellants. (Supreme Court, Appellate Division, First Department. October 30, 1914.) Action by the Mutual Life Insurance Company against Melvin Stephens and others. E. D. Boyer, of New York City, for appellants. M. Downs, of New York City, for respondent. PER CURIAM. Order affirmed, with $10 costs and disbursements. Order filed. SCOTT, J., dissents. NAKRISKY v. KRAMER. (Supreme Court, Appellate Division, First Department. Octo ber 16, 1914.) Action by Meyer Nakrisky against David Kramer. No opinion. Motion granted, with $10 costs. Order filed. |