In re BROOKLYN BAR ASS'N. (Supreme Court, Appellate Division, Second Department. April 22, 1904.) In the matter of the application of the Brooklyn Bar Association to punish Benjamin E. Valentine, an attorney.

PER CURIAM. We think that a further investigation by this court of the first charge against the respondent should be deferred until the criminal prosecution in Nassau county involving that charge is terminated. Rochester Bar Association v. Dorthy, 152 N. Y. 596, 46 N. E. S35. As to the other charges in this proceeding, a reference will be ordered to Hon. Janies Troy, under section 68 of the Code of Civil Procedure.

In re BROOKLYN BAR ASS'N. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) In the matter of the application of the Brooklyn Bar Association to punish Eugene R. Hayne, an attorney. No opinion. Order of reference to William Watson, Esq., under section 68 of the Code of Civil Procedure.

BROWN, Respondent, v. TRAVELERS' INS. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 15, 1904.) Action by Magdalena Brown against the Travelers' Insurance Company. No opinion. Judg

ment and order affirmed, with costs.

BROWNING, Respondent, v. STILWELL, Appellant. (Supreme Court, Appellate Division, First Department. April 22, 1904.) Action by William C. Browning against Benjamin W. Stilwell. W. W. Scrugham, for appellant. C. E. Thornall, for respondent. No opinion. Judgment and order (86 N. Y. Supp. 707) affirmed, with costs.

BRUNNEMER v. COOK & BERNHEIMER CO, et al. (Supreme Court, Appellate Division, Second Department. March 18, 1904.) Action by John Brunnemer, as receiver, etc., of James M. Connelly, judgment creditor, against the Cook & Bernheimer Company and another. No opinion. Motion denied.

In re BRUSH. (Supreme Court, Appellate Division, First Department. March 25, 1904.) In the matter of Isabella J. Brush. No opinion. Motion granted, with $10 costs.

BUCKLIN, Respondent, v. BUFFALO, A. & A. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 22, 1904.) Action by Cornelius P. Bucklin against the Buffalo, Attica & Arcade Railroad Company. No opinion. Order (85 N. Y. Supp. 114) affirmed, with $10 costs and disbursements.

In re BURBY. (Supreme Court, Appellate Division, Third Department. March 15, 1904.) In the matter of the charges against Alonzo A. Burby, an attorney of the Supreme Court of the state of New York. No opinion. Report of referee confirmed, and said Alonzo A. Burby is suspended from practice as an attorney and counselor at law for the period of two years.

BURNS, Appellant, v. CITY OF BUFFALO, Respondent. (Supreme Court, Appellate Divisino, Fourth Department. March 15, 1904.) Action by Ellen Burns against the city of Buffalo.

PER CURIAM. Judgment affirmed, with costs.

MCLENNAN, P. J., dissents, upon the ground that the question of defendant's negligence and plaintiff's freedom from negligence were ques tions of fact for the jury. SPRING, J., not sitting.

BUTLER, Respondent, V. MICHIGAN MUT. LIFE INS. CO., Appellant. (Supreme Court, Appellate Division, Second Department April 22, 1904.) Action by Nettie Butler against the Michigan Mutual Life Insurance Company. No opinion. Judgment and order affirmed, with costs.

BYCK, Respondent, v. ROSENSTOCK_et al., Appellants. (Supreme Court, Appellate DiAction by Gisela Byck against Max Rosenstock vision, Second Department. March 15, 1904.) and Edward Cohn, doing business under the firm name and style of Rosenstock & Cohn.

tion that the appeal papers be perfected, so PER CURIAM. Motion denied, upon condithat the case may be placed upon the calendar for argument at the next term of this court.

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CALDWELL et al. v. LABARRE et al. (Supreme Court, Appellate Division, First Department. April 22, 1904.) Action by Howard Caldwell and another against J. Walter Labarre and another. No opinion. Motion granted, so far as to dismiss appeal, with $10 costs.

CAMPBELL, Respondent, v. FRIEDLANDER et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 22, 1904.) Action by Genie H. Campbell against Albert Friedlander and others. No opinion. Motion denied.

CAREY v. NEW YORK CENT. & H. R. R. CO. (Supreme Court, Appellate Division, Fourth Department. March 15, 1904.) Action by Patrick Carey against the New York Central & Hudson River Railroad Company. No opinion. Motion for leave to appeal to the Court of Appeals denied, with $10 costs.

CARLE v. STARRETT et al. (Supreme Court, Appellate Division, First Department. April 15, 1904.) Action by John J. Carle against George B. Starrett and others. No opinion. Motion denied, with $10 costs.

CASSAVOY, Respondent, v. PATTISON, Appellant. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by Anson Cassavoy against William L. Pattison. No opinion. Motion for reargument denied, with $10 costs. See Cass v. Shewman, 61 Hun, 472, 16 N. Y. Supp. 236.

In re CHURCH AVE. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) In the matter of acquiring title to Church avenue, from Flatbush avenue to Brooklyn avenue, Twenty-Ninth ward, borough of Brooklyn. No opinion. Motion granted, and order resettled.

CHVATAL, Respondent, v. V. J. HEDDEN & SONS CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 22, 1904.) Action by Frank Chvatal against V. J. Hedden & Sons Company. No opinion. Motion denied.

In re CITIZENS' TRUST CO. OF UTICA. (Supreme Court, Appellate Division, Fourth Department. March 29, 1904.) In the matter of the application of the Citizens' Trust Company of Utica for designation as a deposit bank. No opinion. Order granted.

CITY OF NEW YORK, Respondent, v. CASTLE BRAID CO., Appellant. (Supreme Court, Appellate Division, First Department. March 25, 1904.) Action by the city of New York against the Castle Braid Company. J. M. Stearns, for appellant. T. Connoly, for respondent. No opinion. Judgment and order affirmed, with costs.

CITY TRUST, SAFE DEPOSIT & SURE TY CO., Appellant, v. AMERICAN BREWING CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. March 29, 1904.) Action by the City Trust, Safe Deposit & Surety Company against the American Brewing Company. No opinion. Judgment and orders affirmed, with costs.

CITY TRUST, SAFE DEPOSIT & SURETY CO. v. AMERICAN BREWING CO. (Supreme Court, Appellate Division, Fourth Department. March 29, 1904.) Action by the City Trust, Safe Deposit & Surety Company against the American Brewing Company.

PER CURIAM. Motion for leave to appeal to the Court of Appeals from the decision affirming the order denying the motion to set aside and vacate the assessment of damages granted. The form of the order and the questions to be certified, under section 130, Code Civ. Proc., to be settled by and before Mr. Justice WILLIAMS on two days' notice.

CLARK, Respondent, v. BRETT, Appellant. (Supreme Court, Appellate Division, Second Department. March 15, 1904.) Action by Eliza beth A. Clark against Margaret Brett. No opinion. Order affirmed, by default, with $10 costs and disbursements.

CLARK, Respondent, V. BROOKLYN HEIGHTS R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. March 15, 1904.) Action by Patrick Clark against the Brooklyn Heights Railroad Company. No opinion. Motion denied.

CLARK, Respondent, v. COMINGS, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 15, 1904.) Action by Sarah J. Clark against George A. Comings. No opinion. Judgment affirmed, with costs.

CLARKE, Respondent, v. WELSH, Appellant. (Supreme Court, Appellate Division, See ond Department. April 29, 1904.) Action by Joseph Clarke, as administrator, etc., of Anne Clarke, deceased, against Elizabeth B. Welsh. No opinion. Motion denied.

CLEWS v. UNION BAG & PAPER CO. (Supreme Court, Appellate Division, Third De partment. March 16, 1904.) Action by Jalez Clews, as administrator of William J. Clews, deceased, against the Union Bag & Paper Company. No opinion. Motion denied.

CLOCKE, Respondent, v. PURDY, Appellant. (Supreme Court, Appellate Division, Seeond Department. March 18, 1904.) Action by G. De Witt Clocke against R. Anna Purdy. No opinion. Judgment and order affirmed, with costs.

COE, Respondent, v. ROSSITER McGOVERN & CO., Appellant. (Supreme Court, Appellate Division, First Department. April 8 1904.) Action by Henry E Coe, as surviving executor, against Rossiter McGovern & Co. R. F. Little, for appellant. E. E. Mercelis, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

COHEN, Appellaut, v. WAGER, Respondent. (Supreme Court, Appellate Division, First De partment. April 22, 1904.) Action by J. Quintus Cohen, as trustee, against Mortimer H. Wager, as president. M. Kirtland, for appellant. F. D. Pollak, for respondent. No opinion. Judgment affirmed, with costs, on authority of 87 App. Div. 255, 84 N. Y. Supp. 377.

COHN v. POLSTEIN. (Supreme Court. Appellate Division, First Department. March 18, 1904.) Action by Louis Cohn against Isaac Polstein. No opinion. Motion denied.

CONGDON, Respondent, v. DELAWARE, L & W. R. CO., Appellant. (Supreme Court. Ap pellate Division, Fourth Department. March 29, 1904.) Action by Minnie H. Congdon against the Delaware, Lackawanua & Western Railroad Company. No opinion. Judgment and order affirmed, with costs.

CONKLING v. WEATHERWAX et al (Supreme Court, Appellate Division, Third De partment. March 15, 1904.) Action by Clar issa Weatherwax Conkling against John T. Weatherwax and others. No opinion. Motion denied.

COOLIDGE v. AMERICAN REALTY CO (Supreme Court, Appellate Division, First De partment. March 18, 1904.) Action by T. Jeferson Coolidge against the American Realty

V.

CROCKER, Appellant. BROOKLYN HEIGHTS R. CO., Respondent. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by Lottie Crocker against the Brooklyn Heights Railroad Company. No opinion. Motion to resettle order granted, except so far as the proposed amendment requires costs of the appeal to be paid.

CRONIN, Appellant, v. KASTEN, Respondent. (Supreme Court, Appellate Division, Second Department. April 15, 1904.) Action by Michael J. Cronin against Rosalia Kasten. No opinion. Judgment of the Municipal Court affirmed, with costs.

CROWE, Appellant, v. DUNHAM MFG. CO., Respondent. (Supreme Court, Appellate Division, First Department. April 8, 1904.) Action by Edward Crowe against the Dunham Manufacturing Company. W. M. Seabury, for appellant. F. V. Johnson, for respondent. No

costs.

In re CULLINAN, Excise Com'r. (Supreme Court, Appellate Division, Fourth Department. April 5, 1904.) In the matter of the petition of Patrick W. Cullinan, as state commissioner of excise, for an order revoking and canceling liquor tax certificate No. 12,077 issued to Ådam Herrmann.

PER CURIAM. Order reversed, with costs, and application of petitioner granted, with $25 costs and taxable disbursements, revoking and canceling the liquor tax certificate issued to the holder, Adam Herrmann. Held, that by the preponderance of the evidence it is established that said certificate holder wrongfully and unlawfully had open and unlocked the door and entrance leading into his barroom upon the day in question, and also that upon said day said certificate holder personally, by his agents and servants, did wrongfully and unlawfully traffic in liquor.

WILLIAMS, J., dissents.

DAUER, Appellant, v. SIBUS et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. March 29, 1904.) Action by John Dauer against Louis Sibus, as executor, and others. No opinion. Judgment affirmed, with costs.

DAUER, Appellant, v. SIBUS et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. April 5, 1904.) Action by John Dauer against Louis Sibus, as executor, and others.

PER CURIAM. Decision amended, so as to provide that the costs of the guardian ad litem be paid out of the share in said estate of the infant, and the costs of the other respondents to be paid out of their share of said estate.

DINGER et al. v. CITY OF NEW YORK. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by Frederick Dinger and others against the city of New York.

PER CURIAM. Motion to dismiss the appeals denied, on condition that the defendant be prepared to argue the cases at the next term of this court, and pay $10 costs in each case. Cases ordered on the next calendar on compli ance with this stipulation.

DONAHUE, Respondent, v. KEESHAN et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 15, 1904) Action by Patrick Donahue against Daniel Keeshan and another. No opinion. Motion for leave to the Court of Appeals granted, and question certified.

DAVIS, Appellant, v. SILVERMAN, spondent. (Supreme Court, Appellate Division, Second Department. April 22, 1904.) Action by Hamilton J. Davis against Clementine M. Silverman. No opinion. Motion denied.

DEAN, Appellant, v. HOBART, Respondent. (Supreme Court, Appellate Division, Fourth Department. March 29, 1904.) Action by Truman A. Dean against Lester C. Hobart. No opinion. Judgment affirmed, with costs.

DELANEY et al., Appellants, v. BOUSE, Respondent. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by Thomas M. Delaney and another against Garret A. Bouse. No opinion. Motion for reargument denied, with $10 costs. Motion for leave to appeal to the Court of Appeals denied, without costs.

DENNISON, Appellant, v. CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. April 8, 1904.) Action by Thomas Dennison as executor against the city of New York. P. A. Hargous, for appellant. G. L. Sterling, for respondent. No opinion. Judgment aflirmed, with

costs.

In re DEVINE. (Supreme Court, Appellate Division, First Department. April 22, 1904.) In the matter of Thomas F. Devine. J. A. Delehanty, for appellant. J. J. Flynn, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

DE WITT, Respondent, v. LAWYERS' ADVERTISING CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by Peter De Witt against the Lawyers' Advertising Company. No opin

DONNELLY, Appellant, v. GLOBE & RUTGERS FIRE INS. CO. OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. April 8, 1904.) Action by William F. Donnelly against the Globe & Rutgers Fire Insurance Company of New York. W. L. Stone, Jr., for appellant. C. D. Cleveland, for respondent. No opinion. Appeal from ded sion dismissed. Interlocutory judgment affirmed, with costs, with leave to plaintiff to amend complaint, on payment of costs in this court and in the court below.

DONNELLY v. INTERURBAN ST. RY. CO. (Supreme Court, Appellate Term. March 24, 1904.) Action by Joseph Donnelly against the Interurban Street Railway Company From a judgment on a verdict for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed. Bayard H. Ames and F. Angelo Gaynor, for appellant. J. F. Foley, for respondent.

PER CURIAM. Under the peculiar circumstances of this case, the questions relating to defendant's negligence and to plaintiff's cotributory negligence were questions for the jury, and they were submitted under instruc tions which substantially guarded the rights of the defendant. The exception taken to the refusal to charge in the very language of the re quest is unavailable, in view of a proposition charged elsewhere and the charge considered as a whole; and what passed between the trial judge and the counsel for the defendant, toward the close of the examination of the mo torman when recalled, is not, under all the cit cumstances disclosed by the record. of suf cient importance to call for a reversal. Judg ment and order affirmed, with costs.

DOYLE, Appellant, v. W. L. DOUGLAS SHOE CO., Respondent. (Supreme Court, Appellate Division, Second Department. March 15, 1904.) Action by Margaret Doyle against the W. L. Douglas Shoe Company.

PER CURIAM. Interlocutory judgment modified, by inserting provision therein allowing plaintiff costs of the demurrer as a condition for permitting defendant to answer, and, as so modified, affirmed, with costs of both appeals to the plaintiff, on the authority of Tallman v. Bernhard, 75 Hun, 30, 27 N. Y. Supp. 6, and Harmon v. Vanderbilt Hotel Co., 79 Hun, 392, 29 N. Y. Supp. 783, affirmed 143 N. Y. 665, 39 N. E. 20.

DREHER, Respondent, v. GLOVERSVILLE FELT CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 15, 1904.) Action by Martin C. Dreher against the Gloversville Felt Company. No opinion. Order affirmed, with $10 costs and disbursements.

DRUMHELLER, Appellant, v. CITY OF MT. VERNON, Respondent. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by George Drumheller against the city of Mt. Vernon. No opinion. Judgment and order unanimously affirmed, with costs, upon the opinion of Mr. Justice Garretson.

EDWARDS, Respondent, v. FISHER, Appellant. (Supreme Court, Appellate Division, Second Department. March 18, 1904.) Action by Charles J. Edwards against Clara L. Fisher. No opinion. Judgment of the Municipal Court affirmed, with costs.

ELDERT, Respondent, v. STEWART et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 15, 1904.) Action by Julia E. Eldert against William B. Stewart and Mary G. Stewart. No opinion. Judgment of the Municipal Court affirmed, with

costs.

ELECTRIC VEHICLE CO., Appellant, v. WESTON-MOTT CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. March 15, 1904.) Action by the Electric Vehicle Company against the Weston-Mott Company.

PER CURIAM. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs to abide event, allowing plaintiff to have an examination and discovery of defendant's books mentioned in the petition for the purposes therein set forth, and under such regulations as may be agreed upon or fixed by the court at Special Term, unless de

of the kind described and referred to in the agreement made between the parties hereto, dated October 25, 1901, sold by it from time to time. Such statement shall set forth in detail the various dates of sales and the number sold upon each date.

MCLENNAN, P. J., concurs, upon the ground that the plaintiff's attorney stated in open court that he was willing to receive the sworn statement in lieu of an inspection of the books.

In re ELLIS. (Supreme Court, Appellate Division, Fourth Department. March 15, 1904.) In the matter of the application of J. Jefferson Ellis, supervisor of the town of Western, to compel James R. Waldo to deliver records, etc., appertaining to the office of supervisor, etc. No opinion. Order affirmed, with $10 costs and disbursements.

In re ELTING. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) In the matter of Peter J. Elting, as trustee, etc., of Abijah Curtiss, deceased. No opinion. Motion granted, and order resettled, so as to provide that the costs of the appeal be paid to the trustee out of the undivided principal of the trust fund now held by him.

ENNIS et al., Respondents, v. UNTERMYER, Appellant. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by Thomas A. Ennis and another against Maurice Untermyer. No opinion. Motion for reargument denied, with $10 costs. Motion for leave to appeal to the Court of Appeals denied, without costs.

ERLER, Respondent, v. ABBETT, Appellant. (Supreme Court, Appellate Division, First Department. April 8, 1904.) Action by Otto Erler against Leon Abbett. W. B. Ellison, for appellant. A. Blumenstiel, for respondent. No opinion. Judgment affirmed, with costs.