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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 Distribu. tion 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, Appel. lant.- Order reversed and motion granted, without costs, to the extent and on the conditions stated in order. No opinion.

Maurice Eisenberg, Respondent, v. Bernard Nauniburg, 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.— Judg. ment 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.

App. Div.]

First Department, April, 1910. Edgar J. Levey, Respondent, v. The Brooklyn Union Publishing Company, Appellant.-Judgment affirmed, with costs, upon the opinion of Dowling, J., in the court below (reported in 65 Misc. Rep. 373), with leave to defendant to withdraw demurrer and to answer upon payment of costs in this court and in the court below.

Leo Stein and Others, Appellants, v. John A. Davies, Respondent, Impleaded with Julia C. Hancock and Others. — Judgment and order affirmed, with costs. No opinion.

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

The People of the State of New York, Respordent, v. Carlo de Fornaro, Appellant.-Judgment affirmed. No opinion.

John Hedlund, Appellant, v. Edward L. Radcliff and Others, Respondents.Judgment affirmed, with costs to each respondent separately appearing. No opinion.

Alice M. Dunsford, Respondent, v. Ralph J. Jacoby, Appellant.-Judgment and order affirmed, with costs. No opinion.

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

Fiss, Doerr & Carroll Horse Company, Respondent, v. Patrick F. Green, Appellant. — Judgment affirmed, with costs. No opinion.

James A. Grant and Nettie L. Grant, Respondents, v. Cananea Consolidated Copper Company, Appellant, Impleaded with William C. Greene and Others.Order affirmed, with ten dollars costs and disbursements. No opinion.

Wesley D. Hunter, Respondent, v. John Vicario, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion.

James W. Hagan, Respondent, v. Achill Bippart and Others, Doing Business under the Firm Name of Bippart, Griscom & Osborn, Appellants.— Order affirmed, with ten dollars costs and disbursements. No opinion.

Solon L. Frank and Samuel Frank, Plaintiffs, v. Jules Wolff and Others, Defendants, Implcaded with Fourteenth Street Bank in the City of New York, and Frederick Schnaufer, Appellants, and Mechanics' Bank of Brooklyn, Respondent.- Order affirmed, with ten dollars costs and disbursements. No opinion.

John F. Jacobs, Respondent, v. Lippman Tannenbaum, Appellant. — Order affirmed, with ten dollars costs and disbursements. No opinion.

Charles Kohler, Respondent, v. Herman Rosenthal, Respondent. Jacob Stiefel, Appellant. - Order affirmed, with ten dollars costs and disbursements. No opinion.

Robert F. Tysen, Respondent, v. Fay L. Tysen, Appellant. — Order affirmed, with ten dollars costs and disbursements. No opinion.

Leo Coogan, an Infant, etc., by Mary E. Shea, His Guardian ad Litem, Respondent, v. The Coleman Stable Company, Appellant. — Order affirmed, with ten dollars costs and disbursements. No opinion.

The People of the State of New York v. William Greenbaum.- Motion to dismiss appeal granted.

First Department, April, 1910.

[Vol. 137. The People of the State of New York v. Adelbert E. Hoyt. - Motion to dismiss appeal granted, unless appellant comply with terms stated in order.

The People of the State of New York v. Guiseppe Ingalala. – Motion to dismiss appeal granted.

The People of the State of New York v. Timothy Reardon.- Motion to dismiss appeal granted, unless appellant comply with terms stated in order.

The People of the State of New York v. Charles B. Thomson.- Motion to dismiss appeal granted unless appellant comply with terms stated in order.

Augustus E. Foran V. Royal Bank of Canada. - Motion to dismiss appeal granted, with ten dollars costs.

In the Matter of Emma C. Sands, Deceased. - Motion to dismiss appeal granted, with ten dollars costs.

William R. Ehler v. New York Edison Company. - Motion to dismiss appeal granted, with ten dollars costs.

Louisa B. White v. Henry White. — Motion to dismiss appeal denied, with ten dollars costs.

In the Matter of Jerome Avenue.- Motion to dismiss appeal denied.

Mary A. Finnegan, Individually, etc., v. Jessie McGuffog. - Motion to dismiss appeal granted, unless appellant comply with terms stated in order.

Jesse L. Boskowitz, as Administrator, etc., v. Joseph L. Sulzbacher.Motion to dismiss appeal granted, unless appellant comply with terms stated in order.

Brearley School, Limited, v. Beverly Ward.— Application granted. Order signed.

John Wagner v. The H. Herrmann Lumber Company.- Application denied, with ten dollars costs. Order signed.

John G. Meister v. William H. Woolverton, as President. — Application granted. Order signed.

Joseph McMonagle v. Adrian H. Joline and Others. — Application denied, with'ten dollars costs. Order signed.

The People of the State of New York v. Alesandro Bellando, Surety, etc. Motion granted. Question certified as stated in order.

Mary V. Pyle, Individually, etc., v. James T. Pyle, as Trustee, etc. – Motion granted. Question certified as stated in order.

Fanny Forschirm v. Mechanics and Traders' Bank. - Motion granted.

John A. Philbrick & Brother v. I. Florio Co-operative Association.– Motion granted. Settle order on notice. Question to be certified on settlement of order.

Alfred Bond v. Atlantic Terra Cotta Company and Others. - Motion denied, with ten dollars costs.

Charles J. Brooks v. Racich Asbestos Manufacturing Company.- Motion denied, with ten dollars costs.

P. A. Willcox, as Receiver, v. Georgetown Dock and Terminal Company.Motion granted.

The People of the State of New York ex rel. William Keating and Others v. Theodore A. Bingham, as Police Commissioner of the City of New York. — Motion granted.

App. Div.]

First Department, April, 1910. Juanna Brinkerhoff v. Sigismond Cohn.– Motion granted as stated in order.

Jesse L. Boskowitz v. Joseph Sulzbacher, (2 cases.) – Motion granted upon conditions stated in orders.

Jennie Goldstein v. E. Victor Loew, Jr., as Administrator, etc., of Edward V. Loew, Deceased. - Motion denied, with ten dollars costs.

Jennie Goldstein, Respondent, v. E. Victor Loew, Jr., as Administrator, etc., of Edward V. Loew, Deceased, Appellant. - Order of March 14, 1910, modified as stated in opinion, and as modified affirmed, without costs; order of March 18, 1910, affirmed, without costs. Opinion per curiam. Gerald H. Gray, as Receiver, v. Joseph H. Hoadley.- Motion granted.

In the Matter of Manhattan Bridge Terminal Damage Parcel 31.— Report of referee confirmed.

In the Matter of Frank II. Cothren, an Attorney.- Reference ordered. Settle order on notice.

In the Matter of Isidore Klatzkie, an Attorney.- Reference ordered. Settle order on notice.

In the Matter of West One Hundred and Sixtieth Street. - Reargument ordered to be heard on May 6, 1910.

District Number 1, Independent Order B’Nai B'rith v. Sarah Goldstein.Motion denied.

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