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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, Respondent, 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.

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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, Impleaded 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.granted. Question certified as stated in order.

- Motion

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.

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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.

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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.

INDEX.

ACCORD AND SATISFACTION.

Acceptance of part payment - honest dispute - moral obligation.
See CONTRACT, 8.

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Increase in premiums of insurance policy - rights of insured.
See INSURANCE, 3.

Suit by assignee of legatee of deceased partner.
See PARTNERSHIP, 1.

ADOPTION.

Agreement to give legacy to adopted children.
See CONTRACT, 4.

ALIMONY.

Contempt imprisonment of husband-discharge - rearrest.

See HUSBAND AND WIFE, 4.
Receiver-examination of husband.
See HUSBAND AND WIFE, 7.

ANIMALS.

Trespass lease of farm and stock on shares — liability of landlord. The liabil
ity for the trespass of animals is imposed not because of ownership, but because
of possession and the duty to care for them.

Where lands stocked by the owner are rented, the tenant and not the landlord
is liable for trespasses committed by the cattle which the landlord has furnished
for the tenant's use.

Where the owners rented a farm on shares under a lease providing that they
were to stock it with twenty-one cows and a bull, which they were not to
remove unless they put others in their places, and the tenant agreed to furnish
eight cows of his own and to keep the fences in repair, and the exclusive con-
trol of the stock and farm was left to the tenant, the landlords are not liable for
damage done by the cows which escaped from a pasture and injured the crops
of a neighbor.

If any liability of the landlords were established, it should only be for the
amount of damage committed by their own cattle and not for that done by the
tenant's cows.
Harrison v. McClellan, 508.

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1. Not vested right-appeal from Municipal Court-new trial in County
Court-effect of chapter 754 of the Laws of 1907. The right of appeal is not a

vested right within the protection of the Constitution.

Chapter 754 of the Laws of 1907 took away the right to a new trial in a County
Court on an appeal from a Municipal Court, and where an appeal was not
taken until the act of 1907 went into effect the right to a new trial in the

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