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App. Div.]

First Department, March, 1910.
Brenen, an Incompetent Person. In thc Matter of Abraham Germansky v. Louis
Guterman. (2 cases.) — Motions denied, with ten dollars costs.

Solomon L. Pakas v. Walter J. Clarke. – Motions denied.
Walter C. Carr and Others v. Horatio G. Kinball and Others. - Motion denied.

Emily Heiter, an Infant, v. Adrian H. Joline and Others, as Receivers. Charles Lehman-Charley v. Herman De Selding. Lewis M. Isaacs and Others v. Haines Realty Corporation. Oscar Hammerstein v. New York Press Company. Charles F. Muller and Others, as Surviving Executors, v. Jacob Brodie and Others. Charles F. Muller and Others, as Surviving Executors, v. Louis Silverman, Impleaded, etc. – Motions denied, with ten dollars costs.

Nene van T. Fenn and Others v. W. M. Ostrander, Incorporated, and Others. - Motion granted on condition that the moving party give a bond to pay the costs and disbursements of the reference and the costs on appeal if the order be affirmed or the appeal dismissed. Settle order on notice.

In the Matter of Isadore L. Pascal, an Attorney. – Proceedings dismissed. Settle order on notice. Marie E. Schwartz v. Henry Kayser.- Motion granted, with ten dollars costs.

J. Coleman Drayton, Respondent, v. The Franco-American Ferment Company and Others. Appellants.— Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of the City of New York, etc.— Order affirmed, with ten dollars costs and disbursements. No opinion.

The Mutual Life Insurance Company of New York v. Mary E. Bailey. Individ. ually and as Administratrix, etc., of Samuel Bailey, Deceased, and Others, Impleaded with William T. Washburn, as Sole Surviving Executor, etc., of Benjamin Richardson, Deceased, Appellant, and William H. Birdsall and Others, Respondents. - Order affirmed, with ten dollars costs and disbursements. No opinion.

John J. Becker, Appellant, v. Flatiron Restaurant Company and Others, Respondente.- Order aflirmed, with ten dollars costs and disbursements. No oplnion.

Max Sklar, Appellant, v. Michael L. Greenfield and Julius Block, Respondents.- Order affirmed, with ten dollars costs and disbursements. No opinion.

Allan McLane Hamilton, Respondent, v. Mary C. Thaw, Appellant. — Order reversed, without costs, and motion granted, without costs, to the extent stated in order. No opinion.

The City of New York, Respondent, V. Robischon & Peckham Company, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion

John H. O'Neil, Respondent, v. Manufacturers' Automatic Sprinkler Company, Appellant.— Order modified as provided in order and as modified affirmed, with ten dollars costs and disbursements to appellant. No opinion.

Petroleum Products Company, Respondent, v. Willard 0. Felt, Appellant. Order affirmed, with ten dollars costs and disbursements. No opinion.

Henriette D. Marks, Appellant, v. Abraham Schnitzler, Respondent.- Order affirmed, with ten dollars costs and disbursements. No opinjon.

First Department, March, 1910.

(Vol. 137. Josephine W. Taylor, Respondent, v. Alice W. Emmet and Fanny L. Johoson, Respondents, Impleaded with Ellerton P. Whitney and Others, Appellants, and Others, Defendants.- Order affirmed, with ten dollars costs and disbursements. No opinion.

Robert A. Funger, Respondent, v. Brooklyn Bottle Stopper Company, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of the Transfer Tax on the Estate of Caroline W. Astor, Deceased. John Jacob Astor and Others, Individually and as Executors, etc., of Caroline W. Astor, Deceased, Appellants; Comptroller of the State of New York, Respondent. — Appeal dismissed, with ten dollars costs and disbursements to respondent. No opinion.

Louis C. Noot, Appellant, v. Midge Fannie Noot, Respondent. (Nos. 1 and 2.) – In each case order affirmed, with ten dollars costs and disbursements. No opinion.

Cour D'Alene North Fork Mining and Smelting Company, Plaintiff, v. Frank Paul, Defendant. Oscar B. Bergstrom, Appellant; Thomas F. Foley, ex-Sheriff of New York County, and John S. Shea, Sheriff of New York County, Respondents.- Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of Karl M. Wallach, Deceased, Sidney Wallach, Appellant, and Milton M. Dry foos and Others, Respondents, Executors Named in the Last Will and Testament of Karl M. Wallach, Deceased. — Order modified as directed in order and as so modified affirmed, without costs. No opinion.

The People of the State of New York ex rel. American Exchange National Bank, Appellant, v. Lawson Purdy and Others, as Commissioners of Taxes and Assessments of the City of New York, Respondents.- Order affirmed, with ten dollars costs and disbursements. No opinion.

John E. McMurtry, Appellant, v. The American Mills Company, Respondent, Impleaded with Charles N. McLean.– Order affirmed, with ten dollars costs and disbursements. No opinion.

Federal Sanitary Clearing and Refining Company, Respondent, v. Maurice Loeb, Appellant. — Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer on payment of costs in this court and in the court below. No opinion.

Voska, Foelsch & Sidlo, Inc., Respondent, v. Manchester Marble Company, Appellant. — Order affirmed, with ten dollars costs and disbursements. No opinion.

Thomas De Baw v. The City of New York.- Motion to dismiss appeal granted, with ten dollars costs.

Adolph C. Gabner v. George B. McClellan and Others. - Motion to dismiss appeal granted, with ten dollars costs.

Margaret Hayden, as Administratrix, v. Adrian H. Joline and Others. Motion granted, with ten dollars costs, unless appellant complies with conditions stated in order.

Juanna Brinkerhoff v. Sigismund Cohn.- Motion granted, with ten dollars costs, unless appellant complies with conditions stated in order.

App. Div.)

First Department, March, 1910. Morton N. C. Foster v. New York and Harlem Railroad Company and Others. - Motion to dismiss appeal granted, with ten dollars costs.

John Hedlund v. Ezra P. Prentice, as Receiver. John Hedlund v. Edward L. Radcliff, Impleaded, etc.— Motions granted, with ten dollars costs, unless appel. lant complies with conditions stated in orders.

Alice A. Gormly v. Harry H. Gormly.- Motion granted, with ten dollars costs, unless appellant complies with conditions stated in order.

Charles E. Muller and Others, as Executors, etc., v. Thomas W. Evans Museum and Institute Society and Others.- Motion granted, with ten dollars costs, unless appellant complies with conditions stated in order.

Edward W. S. Johnston, as Executor, etc., v. Martin T. Garvey.- Motion granted, with ten dollars costs, unless appellant complies with conditions stated in order.

Clara A. Hotaling v. John W. Hotaling.- Motion to dismiss appeal granted, with ten dollars costs.

John A. Covit v. Tucker Electrical Construction Company. Arthur Gutman v. Henry B. Harris Company.- Applications denied, with ten dollars costs. Orders signed.

Hyman Samelson v. Carrie Mayer.— Motion granted, upon plaintiff filing stipulation that, upon affirmance, judgment absolute shall be rendered against him. Order signed.

J. Coleman Drayton v. Wilbur M. Bates. J. Coleman Drayton v. FrancoAmerican Ferment Company. Frederick A. Thompson v. Brookside Realty Company.- Applications denied, with ten dollars costs. Orders signed.

Frederick A. Thompson v. Brookside Realty Company.- Motion for stay denied, with ten dollars costs.

Viola King v. Frieda Hunt and Others. A. Schwoerer & Sons, Inc., v. Samuel Mandel and Others. The Ranier Company v. Terence P. Smith. Lillie M. Schmitt, as Administratrix, v. Irving Ottenberg and Others. — Applications denied, with ten dollars costs. Orders signed.

Max Karpf v. Louis Borgenicht and Others. - Application granted. Order signed.

Julius Levy v. James P. Brennan. Herman Deri and Others v. Union Bank of Brooklyn.- Applications denied, with ten dollars costs. Orders signed.

In the Matter of Katharine Schnabel, as Administratrix. Lily Noonan v. Press Publishing Compuny. Charles Schwartz v. The Onward Construction Company.--- Motions denied, with ten dollars costs.

John Buckley v. Alfred Beinhauer.- Motion for leave to appeal granted. Nelson H. Tunnicliff v. William J. Gorman, as Ancillary Administrator.– Motion denied, with ten dollars costs.

Marguerite Smyth, an Infant, etc., v. Isaac Lichtenstein, (2 cases.) - Motions granted.

Abraham Johnson v. Florida East Coast Railway Company and Others.Motion granted.

Elizabeth McM. Godley v. Crandall & Godley Company and Others.— Motion granted. Settle order on notice.

First Department, March, 1910.

(Vol. 137. The People of the State of New York v. Joseph Ripandello. – Motion denied.

In the Matter of Hans F. Barnes, etc. (In the Matter of Eliso Scheel). - Motion granted.

In the Matter of Manhattan Bridge Terminal (In the Matter of William F. Donnelly). - Motion granted.

In the Matter of John J. Lowy, an Attorney.- Reference ordered. Settle order on notice.

In the Matter of Joseph A. Flannery, an Attorney.- Application granted.

Joseph Ohmann, an Infant, by Gustave F. Dotzauer, His Guardian ad Litem, Respondent, v. Star Company, Appellant. - Judgment and order affirmed, with costs. No opinion.

Jesse Myers, Respondent, v. San Domingo Improvement Company of New York, Appellant. — Judgment affirmed, with costs. No opinion.

Morris Levy and Louis Schilt, Respondents, V. James R. Roosevelt and Others, Appellants.— Judgment and order affirmed, with costs. No opinion.

Maria Keating, as Administratrix, etc., of John Keating, Deceased, Appelant, v. Manhattan Railway Company, Respondent.- Order affirmed, with costs. No opinion,

Robert Ober, Appellant, v. Santee Club, Respondent.— Judgment affirmed, with costs. (Laughlin, J., dissenting.) No opinion.

Louis Bricca, Appellant, v. James D. Smith, Respondent. — Judgment and order affirmed, with costs. No opinion.

Ernst P. Wartenberg, as Administrator, etc., of George B. Wartenberg, Deceased, Appellant, v. Interborough Rapid Transit Company, Respondent.Judgment affirmed, with costs. No opinion.

Laura M. Mitchell, Appellant, v. Interborough Rapid Transit Company, Respondent.— Judgment affirmed, with costs. No opinion.

Charles A. Geoghegan and Others, Respondents, v. George M. Leventritt, Appellant. — Judgment and order affirmed, with costs. No opinion.

Mary Matchett, Appellant, v. Theodore Witz and Mary Witz, His Wife, Respondents.— Judgment affirmed, with costs. (Ingraham, P. J., dissenting.) No opinion.

Emma N. Ireland, Respondent, v. Anna Dodge, Appellant.— Judgment and order affirmed, with costs. No opinion.

The People of the State of New York, Respondent, v. Rosie Baum, Appellant. — Judgment affirmed. No opinion.

Madeleine G. W. Mechlin, Appellant, v. The Board of Education of the City of New York, Respondent.-- Judgment and order affirmed, with costs. No opinion.

Ernest Tribelhorn, Inc., Respondent, v. George B. Hinavan, Appellant. Determination affirmed, with costs and disbursements. No opinion.

Thomas F. O'Connell, Respondent, v. Charles Bettels, Appellant. — Judgment and order affirmed, with costs. No opinion.

Jane Darcy, Appellant, v. The Presbyterian Hospital in the City of New York, Respondent. — Judgment affirmed, with costs, on the authority of Dary v. Presbyterian Hospital (130 App. Div. 496).

Charles D. Ward, as Administrator, etc., of Joseph H. Bryan, Deceased, Appel. App. Div.]

First Department, March, 1910. lant, v. John Glackner, Respondent.— Judgment affirmed, with costs. No opinion.

Frederick J. Ogden and Others, Copartners, Doing Business as Ogden & Cadmus, Appellants, v. William L. Sergeant, Respondent.- Determination affirmed, with costs, and judgment absolute directed to be rendered against the appel. lants upon their stipulation. No opinion.

Mary E. Kenney, Appellant, v. John H. Welsh, Individually and as Executor, etc., of Louisa T. Welsh, Deceased, Respondent. — Judgment affirmed, with costs. No opinion.

In the Matter of the Application of Max A. Greenebaum, Relator, for a Writ of Certiorari to Theodore A. Bingham, as Police Commissioner of the City of New York, Respondent. — Writ dismissed and proceedings affirmed, with fifty dollars costs and disbursements. No opinion.

Martin Treacey, Appellant, v. Adrian H. Joline and Douglas Robinson, as Receivers for the Metropolitan Street Railway Company, Respondents.- Judg. ment affirmed, with costs. No opinion.

Herbert Pomeroy Brown, Respondent, v. Joseph J. Byers, Appellant. Judgment affirmed, with costs. No opinion.

Morris Shidlovsky, Surviving Partner of the Firm of M. Shidlovsky & Brother, Respondent, v. Amelia Gorman, as Executrix, etc., of John J. Gorman, Deceased, Appellant. (Nos. 1 & 2.) – In each case judgment and order affirmed, with costs. No opinion.

Maria L. Sexton and Kate L. Sexton, Plaintiffs, v. Supreme Council of the Royal Arcanum, Defendant. — Exceptions overruled, motion for new trial denied and judgment directed in favor of defendant upon the verdict, with costs to the defendant. No opinion.

The People of the State of New York v. Edward Dietz.Motion to dismiss appeal granted.

The People of the State of New York v. William Greenbaum.— Motion granted, unless appellant comply with terms stated in order.

The People of the State of New York v. Agnes Leaman.- Motion granted, unless appellant comply with terms stated in order.

The People of the State of New York v. Emil Reiss. — Motion granted, unless appellant comply with terms stated in order.

The People of the State of New York v. Charles Schmidt. - Motion to dismiss appeal granted.

Samuel A. Berrian, as Administrator, v. The City of New York.— Motion to dismiss appeal granted, with ten dollars costs.

Michael C. Murphy v. The City of New York. — Motion to dismiss appeal granted, with ten dollars costs.

The People of the State of New York ex rel. George T. Stewart v. Robert W. Hebbard, as Commissioner, etc. - Motion to dismiss appeal granted, with ten dollars costs. Max Willner v. Mink Restaurant Company. - Motion denied, without costs.

Jacob Weintraub v. Moses L. Siegel and Others. — Motion to dismiss appeal granted, with ten dollars costs.

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