KUDARA, Appellant, v. KUDARA, Respondent. (Supreme Court, Appellate Division, Fourth Department. April 5, 1904.) Action by Yosaku Kudara against Otora Iriye Kudara. PER CURIAM. Order modified, so as to allow the defendant to appear, answer, and defend in this action; the judgment already entered to stand, pending the trial and determination of the action. As so modified, the order is affirmed, with costs. WILLIAMS and STOVER, JJ., dissent, and are for affirmance generally. In re KUNTZ. (Supreme Court, Appellate Division, First Department. March 25, 1904.) In the matter of Henry Kuntz. No opinion. Motion denied. PER CURIAM. Judgment affirmed, with costs. Motion for leave to go to the Court of Appeals granted. PATTERSON, J., dissents. lant. (Supreme Court, Appellate Division, SecLAWSON, Respondent, v. SPEER, Appelond Departinent. April 22, 1904.) Action by Robert Lawson against William McMurtrie Speer. No opinion. Motion denied. LEE, Respondent, v. WASHBURN et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 15, 1904.) Action by Thomas F. Fitzhugh Lee against Cyrus V. Washburn and George W. Sickels. No opinion. Order affirmed, with $10 costs and disbursements. LEVIN v. DODD et al. (Supreme Court, Appellate Division, Second Department. March 18, 1904.) Action by Jacob Levin against Allison Dodd and others, copartners doing business under the name and style of Hudson Coal Company, impleaded with George F. Hills. No opinion. Judgment and order unanimously affirmed, with costs. LIGHT, Appellant, v. LIGHT, Respondent. (Supreme Court, Appellate Division, Second Department. March 18, 1904.) Action by George K. Light against Etta A. Light. No opinion. Order affirmed, with $10 costs and disbursements. LILLY, Respondent, v. PREFERRED ACCIDENT INS. CO. OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. March 18, 1904.) Action by Fannie E. Lilly against the Preferred Accident Insurance Company of New York. No opinion. Judgment (83 N. Y. Supp. 585) affirmed, on the law and facts, with costs. LINCOLN NAT. BANK V. FISCHERHANSEN. (Supreme Court, Appellate Division, First Department. April 22, 1904.) Action by the Lincoln National Bank against Carl Fischer-Hansen. (Supreme No opinion. Motion denied, with $10 costs. LAMBERT, Respondent, v. METROPOLI- LINDNER, Appellant, V. BROOKLYN HEIGHTS R. CO., Respondent. (Supreme PER CURIAM. Judgment and order affirm- Court, Appellate Division, Second Department. ed, with costs. WOODWARD, J., dissents. LANDAU, Appellant, v. CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. April 22, 1904.) Action by Solomon Landau, as administrator, against the city of New York. C. Steckler, for appellant. T. Farley, for respond ent. March 18, 1904.) Action by William Lindner against the Brooklyn Heights Railroad Company. No opinion. Judgment of the Municipal Court reversed, on argument, with costs to the appellant, and action discontinued; the costs of the appeal to be offset against costs of discontinuance to be taxed. LODGE, Appellant, v. DEMELT, Respondent. (Supreme Court, Appellate Division, Fourth Department. March 22, 1904.) Action by George Lodge against Mary Demelt. and 121 New York State Reporter PER CURIAM. Judgment of County Court | ion. Appeal dismissed, on argument, with $10 reversed, and that of justice court affirmed, with costs and disbursements. costs in this court and in County Court. Held, that the verdict of the jury in justice's court was sustained by the evidence. MCCALL CO., Appellant, v. EAGAN, Respondent. (Supreme Court, Appellate Division, Second Department. April 22, 1904.) Action by the McCall Company against John B. Eagan. No opinion. Motion denied. MCCONNELL, Respondent, v. TRADE PAPER ADVERTISING AGENCY, Appellant. (Supreme Court, Appellate Term. March 24, 1904.) Action by George E. McConnell against the Trade Paper Advertising Agency. From a judgment for plaintiff, defendant appeals. Affirmed. Abraham Benedict, for appellant. Charles L. Burr, for respondent. McILVAINE V. STEINSON. (Supreme Court, Appellate Division, First Department. April 15, 1904.) Action by Tompkins Mellvaine against George Steinson. No opinion. Motion denied. MCINTYRE, Respondent, v. WESTERN NEW YORK CO-OPERATIVE FIRE INS. CO. OF MONROE COUNTY, Appellant. (Spreme Court, Appellate Division, Fourth Department. March 22, 1904.) Action by Milton Clarence McIntyre against the Western New York Co-operative Fire Insurance Company of Monroe County. No opinion. Judgment affirmed, with costs. MCLAUGHLIN v. O'ROURKE. (Supreme Court, Appellate Division, First Department. March 18, 1904.) Action by Margaret Me Laughlin against John F. O'Rourke. No opinion. Motion granted, so far as to dismiss appeal, with $10 costs. MCMAHON, Appellant, V. CRUCIBLE STEEL CO. OF AMERICA, Respondent. (Spreme Court, Appellate Division, Fourth De partment. March 22, 1904.) Action by Neil McMahon, an infant, against the Crucible Steel Company of America. PER CURIAM. Judgment affirmed, with costs. SPRING and HISCOCK, JJ., dissent. MAGAR, Appellant, v. HAMMOND et al. Respondents. (Supreme Court, Appellate DiAction by Frank L. Magar against Stoddard vision, Second Department. April 22, 1904) Hammond and Edward Tompkins. PER CURIAM. Order modified, so as to allow the plaintiff the fees for the term in January, 1900, of the witnesses Vandemark, Tuthill, Ingraham, Wood, Rampe, Fitzgerald, Holt, Vaughn, Hartig, Johnston, and Dougherty, and, as modified, affirmed, without costs. PER CURIAM. The plaintiff, an assignee, sues for printing work done and labor performed by his assignors, the Mail & Express Job Print, a domestic corporation. The sole question in the case was whether one Wray, who contracted for the work to be done, was the agent of the defendant and authorized to order the work sued for. Upon this question there was a conflict of evidence. The testimony consists of 90 pages of typewritten matter, and we have read it carefully. We think there was direct, as well as inferential, evidence from which the court below was justified in resolving that question in favor of the plaintiff. Some errors In re MALCOM BREWING CO. (Supreme in the exclusion of testimony offered by the de- Court, Appellate Division, Second Department fendant appear in the record, but none that March 18, 1904.) In the matter of the volu necessitate a reversal of the judgment. Judg-tary dissolution of Malcom Brewing Company. ment affirmed, with costs. In re MCDERMOTT. (Supreme Court, Appellate Division, First Department. April 8, 1904.) In the matter of Elizabeth McDermott. C. Seasongood, for appellant. C. J. Dodd, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. MCDONALD, Respondent, v. HOLBROOK, CABOT & DALY CONTRACTING CO.. Appellant. (Supreme Court, Appellate Division, Second Department. March 18, 1904.) Action by Ida L. McDonald against the Holbrook, Cabot & Daly Contracting Company. No opin No opinion. Order affirmed, with $10 costs and disbursements. No opinion. Motion for reargument denied, without costs. MARINO, Respondent, v. INTERURBAN ST. RY. CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 15, 1904.) Action by Rocco Marino against the Interurban Street Railway Company. No opinion. Judgment of the Municipal Court unanimously affirmed, with costs. MARTIN, Respondent, v. AMBROSE A. GAVIGAN CO. et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 15, 1904.) Action by Francis P. Martin against the Ambrose A. Gavigan Company and the Dominican Convent of Our Lady of the Rosary. No opinion. Appeal dismissed, with costs. MARTIN, Appellant, v. TIMM et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. March 22, 1904.) | Action by Winslow S. Martin against John W. Timm and Ernestine Timm. No opinion. Judgment affirmed, with costs. MARYLAND CASUALTY CO., Respondent, V. BURNETTE, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 22. 1904.) Action by the Maryland Casualty Company against William C. Burnette. No opinion. Judgment affirmed, with costs. In re MAYOR, ETC., OF CITY OF NEW YORK. In re ELM ST. (Supreme Court, Appellate Division, First Department. March 25, 1904.) In the matter of the mayor, etc., of the city of New York. In the matter of Elm street. J. A. Deering, for appellant. J. P. Dunn, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. See 72 N. Y. Supp. 378. In re MEAGHER. (Supreme Court, Appellate Division, First Department. April 15, 1904.) In the matter of William J. Meagher. No opinion. Attorney suspended for five years. Memorandum per curiam. MEISEN, Respondent, v. ROTHFELD, Appellant. (Supreme Court, Appellate Division, Second Department. March 18, 1904.) Action by Michael F. Meisen against Isaac Rothfeld. No opinion. Order aflirmed, on argument, with $10 costs and disbursements. MILES, Respondent, v. FRANCIS H. LEGGETT & CO., Appellant. (Supreme Court, ApApril pellate Division, Second Department. 22, 1904.) Action by William O. Miles against Francis H. Leggett & Co. No opinion. Judgment of the Municipal Court affirmed, by default, with costs. MILLER, Respondent, v. SENECA RIVER POWER CO. et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. April 5, 1904.) Action by John Charles Miller against the Seneca River Power Company and others. PER CURIAM. Judgment and order affirmed, with costs. WILLIAMS and HISCOCK, JJ., dissent. MINER, Respondent, v. DELAWARE, L. & W. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 29, 1904.) Action by Lillie Miner against the Delaware, Lackawanna & Western Railroad Company. PER CURIAM. Judgment and order affirmed, with costs. WILLIAMS, J., dissents. MINER, Respondent, v. DELAWARE, L. & W. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 29, 1904.) Action by Lillie Miner against the Delaware, Lackawanna & Western Railroad Company. PER CURIAM. Order denying motion to set aside verdict affirmed, with $10 costs and disbursements. WILLIAMS, J., dissents. MONTANYE, Respondent, v. MONTANYE, Appellant. (Supreme Court, Appellate Division, MEAGHER, Appellant, v. TUNIS et al., Susie E. Montanye, as administratrix, against First Department. April 15, 1904.) Action by Respondents. (Supreme Court, Appellate Division, Second Department. April 22, 1904.) George E. Montanye, impleaded. W. B. Sea Action by Mark C. Meagher against Oliver Ly-bury, for appellant. T. M. Roulette, for re man Tunis and Julia B. Tunis. No opinion. spondent. No opinion. Judgment affirmed, with Interlocutory judgment affirmed, with costs, on the authority of Gilbert v. York, 111 N. Y. 544, 19 N. É. 268. MEIGGS, Appellant, v. HOAGLAND, Respondent. (Supreme Court, Appellate Division, Second Department. April 15, 1904.), Action by Mary A. Meiggs against Raymond Hoagland. No opinion. Judgment affirmed, with costs. costs. In re MORRISON. (Supreme Court, Appellate Division, Third Department. March 15, 1904.) In the matter of the application of George H. Morrison to be restored to practice as an attorney and counselor at law, under section 67 of the Code of Civil Procedure. PER CURIAM. Motion denied. and 121 New York State Reporter MUIRHEAD v. HOLLANDER et al. (two | O'BRIEN, Appellant, v. BUFFALO FURcases). (Supreme Court, Appellate Division, NACE CO., Respondent. (Supreme Court, ApFirst Department. April 15, 1904.) Action by pellate Division, Fourth Department. April 8, Benjamin C. Muirhead against Henry Holland- 1904.) Action by Elizabeth O'Brien against the er and others. No opinion. Motions granted, Buffalo Furnace Company. No opinion. Judgwith $10 costs of one motion. ment and order affirmed, with costs. MULLIGAN, Respondent, v. METROPOLITAN ST. RY. CO., Appellant. (Supreme Court, Appellate Division. Second Department. March 18, 1904.) Action by Matthew Mulligan against the Metropolitan Street Railway Company. No opinion. Motion denied. NATKINS V. WETTERER. (Supreme Court, Appellate Division, First Department. March 25, 1904.) Action by I. Newton Natkins against Matilda Wetterer. No opinion. Motion denied, on payment of $10 costs, and, on payment of an additional $10, leave given to apply to the court below to open default. NELLIS et al., Respondents, v. NATIONAL UNION BANK, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 15, 1904.) Action by Joseph Nellis and others against the National Union Bank. PER CURIAM. Judgment modified, by striking out the sum of $250 granted as an extra allowance of costs to the plaintiff, and, as so modified, affirmed, with costs. NELLIS et al., Respondents, v. NATIONAL UNION BANK, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 15, 1904.) Action by Joseph Nellis and others against the National Union Bank. PER CURIAM. Judgment modified, by striking out the sum of $250 granted as an extra allowance of costs to the plaintiffs, and also by striking out the allowance of interest at the rate of 3 per cent. upon the sum of $2,968.02 deposited with the defendant pending the litigation, and, as so modified, said judgment is affirmed, without costs of this appeal to either party. NELSON, Respondent, v. YOUNG, Appellant, et al. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by Matilda Nelsou, as administratrix, etc., against William Young, impleaded, etc. No opinion. Motion for reargument denied, with $10 costs. Motion for leave to appeal to the Court of Appeals denied, without costs. NEWGASS, Appellant, v. AUBURN LOAN CO. et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. March 29, 1904.) Action by Nettie Newgass against the Auburn Loan Company and others. No opinion. Judgment and order affirmed, with costs. NOON, Respondent, v. CROGHAN, Appellant. (Supreme Court, Appellate Division, Second Department. April 15. 1904.) Action by John Noon against Sarah Croghan. No opinion. Judgment of the Municipal Court affirmed, with costs. O'BRIEN, Appellant, v. BUFFALO FÜRNACE CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. April 6, 1904.) Action by Elizabeth O'Brien against the Buffalo Furnace Company. PER CURIAM. Upon filing the stipulation of the attorneys for the respective parties to this action, the order dismissing the appeal herein is vacated and set aside, and the appeal restored to the general calendar. O'BRIEN v. O'BRIEN. (Supreme Court, Appellate Division, First Department. April 15. 1904.) Action by James O'Brien against Abbie E. O'Brien. No opinion. Motion granted, with $10 costs. In re ORR et al. (Supreme Court, Appellate Division, First Department. April 15, 1904) In the matter of Alexander E. Orr and others. No opinion. Application granted. ORVIS, Respondent, v. NATIONAL COMMERCIAL BANK, Appellant. (Supreme Court, Appellate Division, First Department. April 22, 1904.) Action by Sarah H. Orvis, executrix, against the National Commercial Bank. H. A. Forster, for appellant. J. F. Miller, for respondent. No opinion. Judgment affirmed, with costs. MEMORANDUM DECISIONS. OSBORN, Respondent, v. CARDEZA et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by Ellen C. Osborn against Howard J. M. Cardeza and others. No opinion. Motion granted, and order resettled. PACKARD, Respondent, v. ELSOHN, Appellant, et al. (Supreme Court, Appellate Division, Fourth Department. March 29, 1904.) Action by Samuel Packard against Levi Elsohn, impleaded, etc. PER CURIAM. Judgment and orders affirmed, with costs. HISCOCK, J., not sitting. PARDINGTON, Respondent, v. ABRAHAM et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by Eliza C. Pardington against Abraham Abraham and others. No opinion. Motion granted, and order signed. PEARSALL v. ROSEBROOK et al. (Supreme Court, Appellate Division, Second Department. March 15, 1904.) Action by Hannah G. I. Pearsall, an infant, by Katherine Smith, her guardian ad litem, against Annie E. Rosebrook and others. No opinion. Appeal dismissed, without costs. PEEVERS, Appellant, v. RATCHFORD, Respondent. (Supreme Court, Appellate Division, Fourth Department. April 6, 1904.) Action by Catharine Peevers against James E. Ratchford. PER CURIAM. The counsel for both parties having appeared in open court and consented thereto, the judgment from which the appeal herein was taken is affirmed, without costs of this appeal to either party. PELZEL, Respondent, v. SCHEPP, Appellant. (Supreme Court, Appellate Division, Action First Department. March 25, 1904.) by August Pelzel against Leopold Schepp. H. S. Marshall, for appellant. C. Steckler, for re-spondent. No opinion. Judgment and order affirmed, with costs. PELZEL V. SCHEPP. (Supreme Court, Appellate Division, First Department. April 15, 1904.) Action by August Pelzel against Leopold Schepp. No opinion. Motion denied, with $10 costs. PEOPLE, Respondent, v. BEEHLER et al., Appellants. (Supreme Court. Appellate Division, First Department. March 25, 1904.) Proceeding by the people of the state of New York against Albert Beehler and John Bayam. R. M. Moore, for appellants. H. S. Gans, for the People. No opinion. Judgment affirmed. PEOPLE, Respondent, v. BROWN, Appellant. (Supreme Court, Appellate Division, Fourth Department. April 6, 1904.) Proceeding by the people of the state of New York against Samuel Brown. PER CURIAM. Judgment of conviction reversed, and new trial ordered. MCLENNAN, P. J., and STOVER, J., dis sent. PEOPLE V. CARUCCI et al. (Supreme Court, Appellate Division, First Department. March 18, 1904.) Proceeding by the people of the state of New York against Rosario Carucci and others. No opinion. Motion granted. PEOPLE, Respondent, v. DAHL, Appellant. (Supreme Court, Appellate Division, Second Department. April 15, 1904.) Proceeding by the people of the state of New York against Charles H. Dahl. No opinion. Judgment of conviction affirmed. PEOPLE, Respondent, v. GORDON, Appellant. (Supreme Court, Appellate Division, First Department. April 8, 1904.) Proceeding by the people of the state of New York against George Gordon. P. A. McManus, for appellant. R. C. Tatlor, for the People. No opinion. Judgment affirmed. PEOPLE, Appellant, v. HEINEMAN, Respondent. (Supreme Court, Appellate Division, First Department. April 8, 1904.) Proceeding by the people of the state of New York against Isaac Heineman. F. S. Black, for the People. L. Marshall, for respondent. No opinion. Judgment affirmed, on the opinion in People v. Cohen (decided Feb. 5, 1904) 86 N. Y. Supp. 475. PEOPLE v. HENRY HEINZ CO. et al. (Supreme Court, Appellate Division, Fourth Department. April 5, 1904.) Proceeding by the people of the state of New York against the Henry Heinz Company and another. No opinion. Motion Motion for reargument _denied. for leave to appeal to the Court of Appeals granted. Questions certified to be settled by and before Mr. Justice STOVER upon two days' notice. PEOPLE V. MARTIN et al. (Supreme Court, Appellate Division. First Department. March 18, 1904.) Proceeding by the people of the state of New York against Joseph Martin and another. No opinion. Motion granted. PEOPLE ex rel. ATLANTIC TELEPHONE CO., Appellant, v. MONROE, Com'r, Respondent. (Supreme Court, Appellate Division. First Department. April 15, 1904.) Proceeding by the people of the state of New York, on the relation of the Atlantic Telephone Company, against Robert G. Monroe, commissioner. H. Slayton, for appellant. T. Connoly, for respondent. W. PER CURIAM. Order affirmed, with $10 costs and disbursements. LAUGHLIN, J., dissents. PEOPLE ex rel. BARNARD COLLEGE, Appellant, v. WELLS et al., Respondents. (Su |