First Department, April, 1910.

[Vol. 137.

Union Railway Company, Appellant. - Judgment and order affirmed, with costs. No opinion. McLaughlin, J., dissenting.

Bertha Brodsky, Appellant, v. The City of New York, Respondent.- Judg. ment affirmed, with costs. No opinion.

Nene van Tuyll Fenn, in Behalf of Herself and Other Stockholders of W. M Ostrander, Incorporated, Similarly Situated, Who May Join with Plaintiff and Contribute to the Expense of This Action, Plaintiff, Respondent, v. W. M. Ostrander, Incorporated, Appellant, Impleaded with Walter M. Ostrander and Others. Order affirmed, with ten dollars costs and disbursements. No opinion. In the Matter of the Application of the City of New York, Respondent, Relative to Acquiring Title, etc., to Mohegan Avenue from East One Hundred and Seventy-fifth Street to East One Hundred and Seventy-sixth Street, in the Twenty-fourth Ward, Borough of the Bronx, City of New York. Adelaide V. Black, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion.

George M. Cohan and Samuel H. Harris, Copartners, Trading in the Name of Cohan & Harris, Appellants, v. Eugene Walter and David Belasco, Respondents. - Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of the Application of William E. Murphy, Appellant, for a Writ of Mandamus Directed to Frank L. Polk, as President, and Others, as Commissioners, Comprising the Municipal Civil Service Commission of the City of New York, Respondents.- Order affirmed, with ten dollars costs and disbursements. No opinion.

William H. Miller, Appellant, v. Buffalo German Insurance Company, Respondent.-Order affirmed, with ten dollars costs and disbursements. No opinion

G. Frederic Collins, Respondent, v. Joseph M. Flannery, Appellant, Impleaded with James J. Flannery.— Order affirmed, with ten dollars costs and disbursements. No opinion.

Midland Motor Company, Appellant, v. Albert F. Britton, Respondent.— Order affirmed, with ten dollars costs and disbursements. No opinion.

Fred B. Wilson, Appellant, v. Cora L. Burgess and Others, Individually and as Executors and Trustees of and under the Last Will and Testament of William H. Burgess, Deceased, Respondents. - Order affirmed, with ten dollars costs and disbursements. No opinion.

Charles H. Speirs, Appellant, v. Morris Pokress and Others, Respondents.— Order affirmed, with ten dollars costs and disbursements. No opinion. Benoit Wasserman, Respondent, v. Florida East Coast Hotel Company, Appellant, Impleaded with Florida East Coast Railway Company.-Order affirmed, with ten dollars costs and disbursements. No opinion.

E. Clemens Horst Company, Respondent, v. M. Groh's Sons, Incorporated, Appellant.-Order affirmed, with ten dollars costs and disbursements. No

opinion.

Nene van Tuyll Fenn, in Behalf of Herself and Other Stockholders of W. M. Ostrander, Incorporated, Similarly Situated, Who May Join with Plaintiff and Contribute to the Expense of This Action, Respondent, v. Mutual Bond and Realty Company, Appellant, Impleaded with W. M. Ostrander, Incorporated,

App. Div.]

First Department, April, 1910.

and Others.- Order affirmed, with ten dollars costs and disbursements. No opinion.

Marion L. Nichols, Appellant, v. Charles J. Greenstreet, Respondent. — Order affirmed, with ten dollars costs and disbursements. No opinion. Ingraham, P. J., and Scott, J., dissenting.

Adam Wack, Appellant, v. John J. Tobin and Mary Costigan, Respondents. — Order affirmed, with ten dollars costs and disbursements. No opinion.

Dunnelle Van Schaick, Respondent, v. The Equitable Trust Company of New York, Appellant, Impleaded with Grant Hugh Browne. William T. R. Price, Respondent, v. The Equitable Trust Company of New York, Appellant, Impleaded with Grant Hugh Browne.- Orders affirmed, with ten dollars costs and disbursements. No opinion.

Dennis A. Spellissy, as Receiver, etc., of Abraham Vexler, Respondent, v. Abraham Vexler and Samuel Gordon, Appellants, Impleaded with George Shor. -Order affirmed, with ten dollars costs and disbursements. No opinion.

Jacob M. Sax, Appellant, v. James C. Fargo, as President of the American Express Company, an Unincorporated Association Consisting of More Than Seven Persons, Respondent. - Order modified as directed in order, and as modified affirmed, without costs. No opinion.

Sackett Plaster Board Company v. Amsterdam Building Company. Meyer Guralnick v. Amos F. Eno. Harry T. Ramsey v. George G. Phillips. Bridget Phelan v. Abraham Gabriel.-Applications denied, with ten dollars costs. Orders signed.

Abraham Herrman and Others v. Moritz Altman and Others.- Application granted as stated in order. Order signed.

Hugh Drum v. Philadelphia Casualty Company. John J. Talley and Others v. James Everards Breweries. Applications for leave to appeal from Appellate

Term denied, with ten dollars costs. Orders signed.

John J. Talley and Others v. James Evarards Breweries.- Motion for stay denied, with ten dollars costs.

M. Wilbur Dyer Company v. Benjamin Milberg and Others. Benjamin Milberg and Others v. M. Wilber Dyer and Company — Applications for leave to appeal from Appellate Term denied, with ten dollars costs. Orders signed. Motions for stay denied, with ten dollars costs.

Albert A. Rosenthal v. Pauline Levy.- Application for leave to appeal from Appellate Term denied, with ten dollars costs.

In the Matter of New York City Interborough Railway Company.- Application granted. Settle order on notice.

The People of the State of New York v.

the State of New York v. Angelo Caluccine.

York v.

Albert W. Bailey. The People of
The People of the State of New

Giovanni Fiore. The People of the State of New York v. Joseph Fuchs and Edward H. Strauss.-Motions to dismiss appeals granted.

The People of the State of New York v. Gennaro Ghiggeri.— Motion to dismiss

appeal granted, unless appeliant comply with terms stated in order.

The People of the State of New York v. Patrick Lupo.- Motion to dismiss appeal granted.

First Department, April, 1910.

[Vol. 137. Wilhelmina Reuhl v. Theodore C. Reuhl.- Motions to dismiss appeal granted, without costs.

Doubleday, Page & Company v. Frank W. Shumaker. Percival Garretson v. Standard Milk Flour Company.- Motions to dismiss appeals granted, with ten dollars costs.

William A. Woodbury and Others v. Robert Buggeln and Others.- Motion to dismiss appeal granted, with ten dollars costs, unless appellants comply with terms stated in the order.

John E. McNabb v. Alexander Typewriter Company and Others.- Motion to dismiss appeal granted, with ten dollars costs.

Esther Behrens v. Charles Roth, as Executor, and Others.-Motion to dismiss appeal granted, with ten dollars costs, unless appellant comply with terms stated in order.

In the Matter of Belmont Avenue.- Motion to dismiss appeal granted, with ten dollars costs.

Max Willner v. Mink Restaurant Company.- Motion to dismiss appeal granted, with ten dollars costs, unless appellant comply with terms stated in order.

In the Matter of Rebecca Ladew, Deceased. (No. 1.)-Motion to dismiss appeal granted, with ten dollars costs.

In the Matter of Rebecca Ladew, Deceased. (No. 2.)-Motion to dismiss appeal granted, with ten dollars costs.

Joseph N. Early v. Thomas E. Munday.- Motion to dismiss appeal granted, with ten dollars costs, unless appellant comply with terms stated in order.

Carl Rappolt v. Louis Hirsch and Others.- Motion to dismiss appeal granted, with ten dollars costs.

Marguerite Brady, as Administratrix, v. Pennsylvania Steel Company Motion granted and case set down for April eighteenth.

John B. Loughlin and Others v. Philip Manson. Robert Hamburger v. The City of New York. Carl Lentsch and Others v. Abraham M. Eisenberg.Applications denied, with ten dollars costs. Orders signed.

Frank Rando v. National Park Bank of New York. The People of the State of New York ex rel. James G. Collins v. John F. Ahearn, etc. District No. 1, Independent Order B'Nai B'rith v. Goldstein and Others. Leo Frank and Others v. William Bernard. - Motions denied, with ten dollars costs.

Lawrence F. Hogan v. The Board of Education.- Motion granted.

In the Matter of Agnes L. C. A. Wynkoop (In the Matter of the City Chamberlain). There must be an order of reference. Settle order on notice. William H. Fearing, Respondent, v. Van Sinderen Lindsley, Appellant.— Judgment and order affirmed, with costs. No opinion.

Henry S. Story and J. Willis Flickinger, Appellants, v. Jacob B. Wolff and Gustav Miller, Impleaded with May Irwin Eisfeldt, Respondent, and David Buist, Appellant. (No. 1.)- Judgment affirmed, with costs. No opinion.

Tower Manufacturing and Novelty Company, Respondent, v. Metropolitan Express Company, Appellant.- Judgment and order affirmed, with costs. No opinion.

App. Div.]

First Department, April, 1910.

Anna Potter, Appellant, v. Siegel Cooper Company, Respondent. - Judgment affirmed, with costs. No opinion.

Felix N. De Luca and Others, Doing Business under the Firm Name and Style of De Luca, Borea & Company, Respondents, v. Scheer-Ginsberg Realty and Construction Company, Appellant.- Judgment and order affirmed, with costs. No opinion.

The People of the State of New York, Respondent, v. Harry Roberts, Appellant. - Judgment affirmed. No opinion.

The People of the State of New York, Respondent, v. Thomas Woods, Appellant. - Judgment affirmed. No opinion.

John R. Davidson, Appellant, v. Peter V. Stocky and Others, Respondents.— Judgment affirmed, with costs. No opinion. (Laughlin and Clarke, JJ., dissented.)

Richard J. Cummings, Respondent, v. New York and Long Island Traction Company, Appellant.- Judgment and order reversed and new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $8,000, in which event judgment as modified and order affirmed, without costs. Settle order on notice.

The People of the State of New York ex rel. Andrew Zwirman, Relator, v. Theodore A. Bingham, as Police Commissioner of the City of New York, Respondent. Writ dismissed and proceedings affirmed, with costs. No opinion. Edward E. McCarney, Appellant, v. The City of New York, Respondent.— Judgment affirmed, with costs. No opinion.

The Rector, Church wardens and Vestry men of St. Stephen's Protestant Episcopal Church of the City of New York, Appellant, Respondent, v. The Rector, Churchwardens and Vestrymen of the Church of the Transfiguration in the City of New York, Respondent, Appellant.-Judgment affirmed, without costs, on St. Stephen's Church v. Church of Transfiguration (130 App. Div. 166). (Laughlin, J., dissenting on the former opinion of Patterson, P. J.)

Joseph Spiero, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.- Determination and judgment reversed on the dissenting opinion of Lehman, J., in the Appellate Term (reported in 64 Misc. Rep. 55); new trial ordered, with costs to appellant in this court and in the courts below to abide event.

Thomas Kirby, Respondent, v. The City of New York, Appellant. - Judgment and order affirmed, with costs. No opinion. (Scott, J., dissenting.)

In the Matter of the Application of William H. Hotchkiss, as Superintendent of Insurance of the State of New York, Respondent, to Take Possession of the Property and to Conduct the Business of The New York and New England Underwriters at Lloyds of New York City, an Unincorporated Association of Individual Underwriters, Composed of Edward Pergoli and Others, Appellant.— — Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of the Estate of Mendel Rosenthal, Deceased. Isidore Jackson, as Executor, etc., of Mendel Rosenthal, Deceased, Appellant; Pauline Rosenthal, as Administratrix, etc., of Harris Rosenthal, Deceased, Respondent.- Order affirmed, with ten dollars costs and disbursements. No opinion. (Ingraham, P. J., dissented.)

First Department, April, 1910.

[Vol. 137. Alice A. Gormly, Respondent, v. Harry H. Gormly, Appellant.— Order affirmed, with ten dollars costs and disbursements. No opinion.

United Metals Selling Company, Respondent, v. American Smelting and Refining Company, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion.

Henry S. Story and J. Willis Flickinger, Appellants, v. Jacob B. Wolff and Gustav Miller, Impleaded with May Irwin Eisfeldt, Respondent, and David Buist, Appellant. (No. 2.)— Order affirmed, with ten dollars costs and disbursements. No opinion.

Erminia C. McIntosh, Respondent, v. David W. McIntosh, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion.

Jessie Gillender, Appellant, v. The City of New York, Respondent. — Order affirmed, with ten dollars costs and disbursements. No opinion. (Scott, J., dissenting.)

Alfred H. Bond, Respondent, v. Atlantic Terra Cotta Company and Others, Appellants. Order reversed, with ten dollars costs and disbursements, aud motion denied, with ten dollars costs, on opinion in Bond v. Atlantic Terra Cotta Co. (ante, p. 671).

In the Matter of the Application of Joseph G. Mandl for a Warrant to Search for and Seize Liquors Kept, Stored and Deposited for Unlawful Sale or Distribution in Premises Located at 31 Rutgers Street, Borough of Manhattan, New York City. Chasse Yurditzky, Appellant; The State Commissioner of Excise, Respondent. Order affirmed, with ten dollars costs and disbursements. No opinion.

Hotel Register Realty Corporation, Respondent, v. Mary McGough, Appellant. Order reversed and motion granted, without costs, to the extent and on the conditions stated in order. No opinion.

Maurice Eisenberg, Respondent, v. Bernard Naumburg, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion.

William Ladew, Appellant, v. Albany Savings Bank, Respondent. - Order affirmed, with ten dollars costs and disbursements. No opinion.

Leopold Bowsky, Respondent, v. Margaret Bowsky, as Administratrix, etc., of Max Bowsky, Deceased, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion.

Frances M. Sciolaro, Appellant, v. Joseph J. Asch and Others, Defend ants. John C. Robinson, Respondent.- Order settled. Memorandum per

curiam.

Isbell-Porter Company, Respondent, v. Isaac Heineman, Appellant. — Judgment and order affirmed, with costs. No opinion. (Laughlin, J., dissenting as to allowance of interest.)

Catherine V. Brady, Appellant, v. Van Rensselaer Lansingh, Respondent.Judgment and order affirmed, with costs. No opinion.

Henry Backer, an Infant, by Morris Backer, His Guardian ad Litem, Respondent, v. William B. Wilson, Appellant. - Judgment and order reversed and new trial ordered, with costs to appellant to abide event, upon the ground that the verdict is against the weight of evidence.