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SOUTHAMPTON ELECTRIC LIGHT CO., Appellant, v. VAN BRUNT et al., Respondents. (Supreme Court, Appellate Division, Second Department. March 15, 1904.) Action by the Southampton Electric Light Company against Willis D. Van Brunt, president, and others, trustees, etc. No opinion. Appeal dismissed, with costs, on the ground that the printed appeal papers are insufficient.

SPINDLER v. GIBSON et al. (two cases). (Supreme Court, Appellate Division, First Department. April 8, 1904.) Action by Annie Spindler against Mary E. Gibson and another. No opinion. Motion granted, so far as to dismiss appeal, with $10 costs.

SPINDLER v. GIBSON. (Supreme Court, Appellate Division, First Department. April 15, 1904.) Action by Annie Spindler against Mary E. Gibson. No opinion. Motion denied, with $10 costs.

STEARNS v. SHEPARD & MORSE CO. (Supreme Court, Appellate Division, First Department. March 18, 1904.) Action by George A. Stearns against the Shepard & Morse Company. No opinion. Motion denied, with $10 costs.

STEVENS, Appellant, V. MARCELLUS ELECTRIC R. CO. et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. April 5, 1904.) Action by Lyman A. Stevens against the Marcellus Electric Railroad Company and others. No opinion. Order affirmed, with $10 costs and disbursements.

STRAUB, Respondent, v. METROPOLITAN ST. RY. CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) Action by Joseph Straub against the Metropolitan Street Railway Company.

PER CURIAM. Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce recovery of damages to the sum of $750, and extra allowance proportionately, in which case the judgment and order, as modified, are unanimously affirmed, without costs of this appeal to either party.

In re SUGARMAN. (Supreme Court, Appellate Division, First Department. March 18, 1904.) In the matter of Ascher D. Sugarman. No opinion. Motion denied.

In re SUMMIT AVE. (Supreme Court, Ap1904.) In the matter of Summit avenue. No pellate Division, First Department. March 18, opinion. Motion granted. Memorandum

curiam.

per

SUSE v. BIGLIN et al. (Supreme Court, Appellate Division, First Department. April 8, 1904.) Action by Leontine Suse against BerSTEARNS v. SHEPARD & MORSE LUM-nard Biglin. No opinion. Motion denied, with BER CO. (Supreme Court, Appellate Divi- $10 costs. sion, First Department. April 8, 1904.) Action by George A. Stearns against the Shepard & Morse Lumber Company. No opinion. Motion denied, with $10 costs.

STEINACKER, Respondent, V. HILLS BROS. CO., Appellant. (Supreme Court, Ap; pellate Division, Second Department. April 22, 1904.) Action by Charles Steinacker against the Hills Bros. Company. No opinion. Motion denied.

STEINMAN, Respondent, V. INTERURBAN ST. RY. CO.. Appellant. (Supreme Court, Appellate Term. March 24, 1904.) Action by Ignatz Steinman against the Interurban Street Railway Company. From a judgment for plaintiff. defendant appeals. Reversed. Henry W. Goddard and William E. Weaver, for appellant. Sol De Young (Frank Herwig, of counsel), for respondent.

SCOTT, J. A former judgment in favor of plaintiff was reversed, on the ground that upon plaintiff's own evidence it affirmatively appeared that he had been guilty of contributory negligence. 84 N. Y. Supp. 231. The evidence upon the present trial does not differ in any essential particular from that on the former trial. The judgment should be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

SUSE v.

METROPOLITAN ST. R. CO. (Supreme Court, Appellate Division, First Department. March 18, 1904.) Action by Leontine Suse against the Metropolitan Street Railroad Company. No opinion. Motion denied, with $10 costs.

SUSSMAN et al., Appellants, v. OSFER, Respondent. (Supreme Court, Appellate Division, Second Department. April 29. 1904.) Action by Hyman Sussman and Alexander Sussman against Samuel Osfer. No opinion. Judgment of the Municipal Court affirmed, with costs.

In re THOMAS. (Supreme Court, Appellate Division, Second Department. March 16, 1904.) In the matter of the application of James M. Thomas for admission to the bar. No opinion. Application granted.

THOMPSON, Respondent, v. INTERNATIONAL FERRY CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 22, 1904.) Action by Helen Thompson against the International Ferry Company. No opinion. Judgment and order affirmed, with

costs.

and 121 New York State Reporter

TINDLE et al., Respondents, v. BIRKETT, | 15, 1904.) Action by Mary Vent, by guardian. Appellant. (Supreme Court, Appellate Division, etc., against the New York Central & Hudson Fourth Department. March 29, 1904.) Action River Railroad Company. No opinion. Juigby Thomas Tindle and another against Clarence ment and order affirmed, with costs. T. Birkett. No opinion. Judgment affirmed, with costs.

TOMPKINS v. MORTON TRUST CO. (Supreme Court, Appellate Division, First Department. April 15, 1904.) Action by Hamilton B. Tompkins against the Morton Trust Company. No opinion. Motion denied.

In re TOREK. (Supreme Court, Appellate Division, Second Department. April 29, 1904.) In the matter of the application of Franz J. A. Torek for the examination of Patrick M. Hannigan. No opinion. Motion denied, with $10

costs.

TOWN OF PALATINE et al. v. WATER SUPPLY CO. et al. (Supreme Court, Appellate Division, Third Department. March 15, 1904.) Action by the town of Palatine and others against the Water Supply Company and others. No opinion. Motion granted.

TRIGGS v. SUN PRINTING & PUBLISHING CO. (Supreme Court, Appellate Division, First Department. March 25, 1904.). Action by Oscar L. Triggs against the Sun Printing & Publishing Company. No opinion. Motion granted.

VALENTINE, Appellant, v. LORENZO, Respondent. (Supreme Court, Appellate Division, First Department. April 8, 1904.) Action by Elizabeth H. Valentine against Gregorio Di Lorenzo. B. E. Valentine, for appellant. O. H. Droege, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

VAN DE CARR SPICE CO., Appellant, v. COOK et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. March 22, 1904.) Action by the Van De Carr Spice Company against Frederick Cook and another. No opinion. Judgment affirmed, with costs.

VAN KIRK. Respondent, v. GENESEE VALLEY BLUE STONE CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 15, 1904.) Action by Luther E. Van Kirk against the Genesee Valley Blue Stone Company. No opinion. Judgment and order affirmed, with costs.

VARIANO, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, First Department. April 22, 1904.) Action by Gaetano Variano, an infant, against the city of New York. T. Farley, for appellant. M. Simmons, for respondent. No opinion. Judgment and order affirmed, with costs.

VENT, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. March

VINAL, Appellant, v. MASONIC LIFE INS. CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. March 22, 1904 Action by Elizabeth A. Vinal against the Masonic Life Insurance Company of Western New York. No opinion. Judgment affirmed, with costs.

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Appellants. (Supreme Court, Appellate DiviWARREN, Respondent, v. STIKEMAN et al. sion, Second Department. April 23, 1904.) A tion' by Charles J. Warren against James H. Stikeman and another. No opinion. Motion for reargument denied, with $10 costs.

WATERS, Respondent, v. SPENCER, Ap pellant. First Department. April 22, 1904.) Action by (Supreme Court, Appellate Division Martin J. Waters against Ralph L. Spencer. W. K. Hall, for appellant. S. Callahan, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

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WHEELER v. NORTON. (Supreme Court, Appellate Division, First Department. April 8, 1904.) Action by Fannie S. Wheeler against William F. Norton. No opinion. Motion denied, with $10 costs.

In re WHITE. (Supreme Court, Appellate Division, Second Department. March 18, 1904.) In the matter of the application of Josiah J. White, guardian of the person of Frederic Hall White, for the payment of funds by the Long Island Loan & Trust Company for the support and maintenance of said Frederic Hall White, etc. No opinion. Order affirmed, on argument, with $10 costs and disbursements.

WINEHILL, Respondent, V. CONSOLIDATED GAS CO., Appellant. (Supreme Court, Appellate Division, First Department. April 22, 1904.) Annette E. Winehill against the Consolidated Gas Company. D. McClure, for appellant. D. P. Hays, for respondent. No opinion. Judgment and order affirmed, with costs.

WITHERS v. CITY OF NEW YORK. (Supreme Court, Appellate Division, First Department. April 15, 1904.) Action by Fred-erick C. Withers against the city of New York. No opinion. Motion denied, with $10 costs.

WITMARK et al. V. TAMS. (Supreme Court, Appellate Division, First Department. March 25, 1904.) Action by Marcus Witmark and others against Arthur W. Tams. No opinion. Motion for leave to go to Court of Apgranted, and question certified as stated in memorandum per curiam.

In re WHITE. (Supreme Court, Appellate Division, Second Department. March 18, 1904.) In the matter of the application of Josiah J. White, guardian of the person of Fred-peals eric Hall White, an infant, to compel an accounting of the Long Island Loan & Trust Company, guardian of the property of said infant. No opinion. Appeal dismissed, with $10 costs and disbursements.

WILLIAMS v. BACKUS. (Supreme Court, Appellate Division, First Department. April 15, 1904.) Action by Joseph Williams against Margaret E. Backus. No opinion. Appeal dismissed, without costs.

WILLIAMS v. BACKUS et al. (two cases). (Supreme Court, Appellate Division, First Department. April 15, 1904.) Actions by Joseph Williams against Margaret E. Backus and others. No opinion. Appeals dismissed, without costs.

WOLPERS, Respondent, v. NEW YORK & Q. ELECTRIC LIGHT & POWER CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 22, 1904.) Action by Conrad Wolpers, Jr., an infant, by his guardian ad litem, Conrad Wolpers, against the New York & Queens Electric Light & Power Company. No opinion. Motion denied.

W. & J. SLOANE, Respondents, v. PEABODY, Appellant. (Supreme Court, Appellate Division, First Department. April 22, 1904.) Action by W. & J. Sloane against Royall C. Peabody. R. P. Chittenden, for appellant. S. Bacon, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. In re YOUNG. In re EVERSON. (SuWILPON, Respondent, V. METROPOL-preme Court, Appellate Division, Fourth DeITAN ST. RY. CO., Appellant. (Supremepartment. March 22, 1904.) In the matter of Court, Appellate Division, First Department. petition of Catharine Young for letters of adMarch 25, 1904.) Action by Jacob Wilpon ministration, etc., of John Young, deceased. In against the Metropolitan Street Railway Com- the matter of petition of Mina Y. Everson for pany. B. H. Ames, for appellant. J. Bogert, letters, etc., of John Young, deceased. No for respondent. No opinion. Judgment and or- opinion. Decree of Surrogate's Court affirmder affirmed, with costs. ed, with costs.

END OF CASES IN VOL. 87.

INDEX.

ABANDONMENT.

ACCESSORIES.

Leased premises, see "Landlord and Tenant," Criminal responsibility, see "Criminal Law,"

$ 3.

Of appeal, see "Appeal," § 4.

ABATEMENT.

Of legacy, see "Wills," § 5.

ABATEMENT AND REVIVAL.

Judgment as bar to another action, see "Judg-
ment," § 4.

§ 1.

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Right of action by or against personal repre-
sentative. see "Executors and Administra- Testimony, see "Criminal Law," § 3.
tors," § 8.

§ 1. Death of party and revival of ac-
tion.

Complaint alleging cause of action for breach
of promise of marriage and seduction held not
to survive and pass to personal representative.-
Larocque v. Conheim (Sup.) 625.

Since an infant caunot maintain an action for
seduction, the right of action does not survive
her death.-Larocque v. Comheim (Sup.) 625.

ABETTORS.

Criminal responsibility, see "Criminal Law,"
$ 1.

ABSENCE.

Suspension of running of statute of limitation,
see "Limitation of Actions," § 2.

ABUTTING OWNERS.

Assessments for expenses of public improve-
ments, see "Municipal Corporations," § 4.
Rights in streets in cities, see "Municipal Cor-
porations," § 6.

ACCEPTANCE.

Of goods sold in general, see "Sales," § 2.

ACCESSION.

ACCORD AND SATISFACTION.

See "Novation"; "Payment"; "Release."

A judgment creditor held bound by executed
agreement for the compromise and settlement
of the judgment.-Meeker v. Requa (Sup.) 959.

ACCOUNT.

Accounting between partners, see "Partner-
ship," § 4.

Accounting by executor or administrator, see
"Executors and Administrators," § 9.
Accounting by trustee, see "Trusts," § 4.
Accounting by trustees in bankruptcy, see
"Bankruptcy," § 2.

Accounting in partition proceedings, see "Parti-
tion," § 1.

Evidence as to damages in action for account-
ing, see "Damages," § 4.

Interest as element of damages in action for
accounting, see "Damages," § 1.

Measure of damages in action for accounting.
see "Damages," § 3.

Reference of, see "Reference," § 1.
Right to accounting under contract, see "Con-
tracts," § 2.

ACCRUAL.

Of right of action, see "Limitation of Actions,"
$ 2.

ACKNOWLEDGMENT.

Annexation of personal to real property, see Operation and effect of admissions as evidence,
"Fixtures."

see "Evidence," § 3.

97 N.Y.S.-73

(1153)

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