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PER CURIAM. Judgment affirmed, with STEVENS, Appellant, ,

MARCELLUS Osts.

ELECTRIC R. CO. et al., Respondents. (SuINGRAHAM, J., dissents.

preme Court, Appellate Division, Fourth Department. April 5, 1904.) Action by Lyman A. Stevens against the Marcellus Electric Rail

road Company and others. No opinion. Order SOUTHAMPTON ELECTRIC LIGHT CO., affirmed, with $10 costs and disbursements. Appellant, v. VAN BRUNT et al., Respondnts. (Supreme Court, Appellate Division, Sec- STRAUB, Respondent, v. METROPOLIod Department. March 15, 1904.) Action by TAN ST. RY. CO., Appellant. (Supreme he Southampton Electric Light Company Court, Appellate Division, Second Department. gainst Willis D. Van Brunt, president, and April 29, 1904.) Action by Joseph Straub thers, trustees, etc. No opinion. Appeal dis- against the Metropolitan Street Railway Comnissed, with costs, on the ground that the pany. rinted appeal papers are insufficient.

PER CURIAM. Judgment and order revers

ed, and new trial granted, costs to abide the SPINDLER v. GIBSON et al. (two cases). event, unless within 20 days plaintiff stipulate Supreme Court, Appellate Division, First De- to reduce recovery of damages to the sum of artment. April 8, 1904.) Action by Annie $750, and extra allowance proportionately, in Špindler against Mary E. Gibson and another. which case the judgment and order, as modified, No opinion. Motion granted, so far as to dis- are unanimously affirmed, without costs of this niss appeal, with $10 costs.

appeal to either party. SPINDLER V. GIBSON. (Supreme Court,

In re SUGARMAN. (Supreme Court, AppelAppellate Division, First Department. April late Division, First Department. March 18, 5, 1904.) Action by Annie Spindler against 1904.) In the matter of Ascher D. Sugarman. fary E. Gibson. No opinion. Motion denied, No opinion. Motion denied. vith $10 costs.

In re SUMMIT AVE. (Supreme Court, ApSTEARNS v. SHEPARD & MORSE CO. 1904.) In the matter of Summit avenue. Nó

pellate Division, First Department. March 18, Supreme Court, Appellate Division, First De opinion. Motion granted. Memorandum per jartment. March 18, 1904.) Action by George curiam. 1. Stearns against the Shepard & Morse Comany. No opinion. Motion denied, with $10 osts.

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 3ER CO. (Supreme Court, Appellate Divi- $10 costs. ion, First Department. April 8, 1904.) Acion by George A. Stearns against the Shepard

Morse Lumber Company. No opinion. Mo- SUSE V. METROPOLITAN ST. R. CO. ion denied, with $10 costs.

(Supreme Court, Appellate Division, First De

partment. March 18, 1904.) Action by LeonSTEINACKER, Respondent, HILLS

tine Suse against the Metropolitan Street RailBROS. CO., Appellant. (Supreme Court, Ap; road Company. No opinion. Motion denied, bellate Division, Second Department. April with $10 costs. 2, 1904.) Action by Charles Steinacker against he Hills Bros. Company. No opinion. Moion denied.

SUSSMAN et al., Appellants, v. OSFER, Respondent. (Supreme Court, Appellate Division, 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. Judy by Thomas Tindle and another against Clarence ment and order affirmed, with costs. T. Birkett. No opinion. Judgment affirmed, with costs.

Second Department. April 29, 1904.) Action STEINMAN, Respondent, V. INTERUR- by Hyman Sussman and Alexander Sussman BAN ST. RY. CO., Appellant. (Supreme Court, against Samuel Oster. No opinion. Judgment \ppellate Term. March 24, 1904.) Action by of the Municipal Court affirmed, with costs. gnatz Steinman against the Interurban Street Lailway Company. From a judgment for plainiff, defendant appeals. Reversed. Henry W.

In re THOMAS. (Supreme Court, Appellate Goddard and William E. Weaver, for appellant. Division, Second Department. March 16, 1904.) Sol De Young (Frank Herwig, of counsel), for In the matter of the application of James M. 'espondent.

Thomas for admission to the bar. No opinion. SCOTT, J. A former judgment in favor of Application granted. plaintiff was reversed, on the ground that upon laintiff's own evidence it affirmatively appeard that he had been guilty of contributory neg- THOMPSON, Respondent, V. INTERNAigence. 84 N. Y. Supp. 231. The evidence up- TIONAL FERRY 00., Appellant. (Supreme on the present trial does not differ in any es- Court, Appellate Division, Fourth Department. sential particular from that on the former trial. March 22, 1904.) Action by Helen Thompson The judgment should be reversed, and a new against the International Ferry Company. No rial granted, with costs to appellant to abide opinion. Judgment and order affirmed, with he event. All concur.

costs.

VINAL, Appellant, v. MASONIC LIFE INS. CO., Respondent. (Supreme Court Appellate

Division, Fourth Department. March 22, 1904. TOMPKINS v. MORTON TRUST CO. (Su- Action by Elizabeth A. Vinal against the Mapreme Court, Appellate Division, First Depart- sonic Life Insurance Company of Western New ment. April 15, 1904.) Action by Hamilton B. York. No opinion. Judgment affirmed, with Tompkins against the Morton Trust Company. costs. No opinion. Motion denied.

In re TOREK. (Supreme Court, Appellate VOGELGESANG, Appellant, v. LEDWIN Division, Second Department. April 29, 1904.) | Respondent. (Supreme Court, 'Appellate DiviIn the matter of the application of Franz J. A. sion, Fourth Department. March 29. 1904.! Torek for the examination of Patrick M. Hanni- | Action by Jacob Vogelgesang against Susanna gan. No opinion. Motion denied, with $10 Ledwin. No opinion. Judgment affirmed, with costs.

costs.

TOWN OF PALATINE et al. v. WATER WARREN, Respondent, V. STIKEJANE SUPPLY CO. et al. (Supreme Court, Appellate al., Appellants. (Supreme Court, Appellate DDivision, Third Department. March 15, 1904.) vision, Second Department. April 15, 1901 Action by the town of Palatine and others Action by Charles J. Warren against James against the Water Supply Company and others. Stikeman and Harry L. Stratton. No opiniga. No opinion. Motion granted.

Judgment of the Municipal Court affirmed, with

costs. TRIGGS v. SUN PRINTING & PUBLISH: ING CO. (Supreme Court, Appellate Division, First Department. March 25, 1904.), Action Appellants. '(Supreme Court, Appellate Disi

WARREN, Respondent, v. STIKEMAN et al. by Oscar L. Triggs against the Sun Printing & sion, Second Department. April 29, 1904) Ar Publishing Company. No opinion. Motion tion' by Charles J. Warreu against James H. granted.

Stikeman and another. No opinion. Motion fx

reargument denied, with $10 costs. VALENTINE, Appellant, v. LORENZO, Re

WATERS, Respondent, v. SPENCER, APspondent. (Supreme Court, Appellate Division,

pellant. First Department. April 8, 1904.), Action by First Department. April 22, 1904.) Action by

(Supreme Court, Appellate Divisio. Elizabeth H. Valentine against Gregorio Di Martin J. Waters against Ralph L. Spencer Lorenzo. B. E. Valentine, for appellant. 0. W. K. Hall, for appellant. s. Callahan, ta H. Droege, for respondent. No opinion. Order respondent. No opinion. Order affirmed, with affirmed, with $10 costs and disbursements.

$10 costs and disbursements. VAN DE CARR SPICE CO., Appellant, v.

WAYNE, Appellant, v. GALE, Respondest COOK et al., Respondents. (Supreme Court; (Supreme Court, Appellate Division, Second Appellate Division, Fourth Department. March 22, 1904.) Action by the Van De Carr Spice Cynthia Wayne against

Mary Gale. No opis

Department. March 18, 1904.) Action by Company against Frederick Cook and another. ion. Judgment of the Municipal Court afirmNo opinion. Judgment affirmed, with costs.

ed, with costs. VAN KIRK, Respondent, v. GENESEE VALLEY BLUE STONE CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. Division, Second Department. April 15, 1994

In re WEBB. (Supreme Court, Appellate March 15, 1904.) Action by Luther E. Van In the matter of the application of Arth: Kirk against the Genesee Valley Blue Stone Leon Webb for admission to the bar. Ni Company. No opinion. Judgment and order af

opinion. Application granted. firmed, with costs.

WEILL, Respondent, Y. WHISSEL et al VARIANO, Respondent, v. CITY OF NEW sion, Fourth Department. March 29, 1904

Appellants. (Supreme Court, Appellate Diri YORK, Appellant. (Supreme Court, Appellate Action by Henry Weill against Michael Whis Division, First Department. April 22, 1904.) sel and another. No opinion. Judgment af Action by Gaetano Variano, an infant, against firmed, with costs. the city of New York. T. Farley, for appellant. M. Simmons, for respondent. No opinion. Judgment and order affirmed, with costs. In re WEINBERGER. (Supreme Court

Appellate Division, First Department. Marek VENT, Appellant, v. NEW YORK CENT. & 25, 1904.) In the matter of Joseph S. Weit H. R. Ř. CO., Respondent. (Supreme Court, berger. No opinion. Order to show cause Appellate Division, Fourth Department. March granted. Memorandum per curian.

V.

WHEELER V. NORTON. (Supreme Court, WINEHILL, Respondent, CONSOLI. Appellate Division, First Department. April DATED GAS CO., Appellant. (Supreme 8,1904.) Action by Fannie S. Wheeler Court, Appellate Division, First Department. against William F. Norton. No opinion. Mo- April 22, 1904.) Annette E. Winehill against tion denied, with $10 costs.

the Consolidated Gas Company. D. McClure, for appellant. D. P. Hays, for respondent.

No opinion. Judgment and order affirmed, In re WHITE. (Supreme Court, Appellate with costs. Division, Second Department. March 18, 1904.). In the matter of the application of Josiah J. White, guardian of the person of Fred- WITHERS v. ОITY OF NEW YORK. (Sueric Hall White, for the payment of funds by the preme Court, Appellate Division, First DeLong Island Loan & Trust Company for the partment. April 15, 1904.) Action by Fredsupport and maintenance of said Frederic Hall erick C. Withers against the city of New York. White, etc. No opinion. Order afirmed, on No opinion. Motion denied, with $10 costs. argument, with $10 costs and disbursements.

WITMARK et al. v. TAMS. (Supreme In re WHITE. (Supreme Court, Appellate March 25, 1904.) Action by Marcus Witmark

Court, Appellate Division, First Department. Division, Second Department. March

18, and others against Arthur W. Tams. No opin1904.) In the matter of the application of Jo-ion. Motion for leave to go to Court of Apsiah J. White, guardian of the person of Fred-peals granted, and question certified as stated eric Hall White, an infant, to compel an ac- in memorandum per curiam. counting of the Long Island Loan & Trust Company, guardian of the property of said in- WOLPERS, Respondent, v. NEW YORK & fant. No opinion. Appeal dismissed, with $10 Q. ELECTRIC LIGHT & POWER CO., Apcosts and disbursements.

pellant. (Supreme Court, Appellate Division,

Second Department. April 22, 1901.) Action WILLIAMS v. BACKUS. (Supreme Court; by Conrad Wolpers, Jr., an infant, by his Appellate Division, First Department. April guardian ad litem, Conrad Wolpers, against 15, 1904.)_Action by Joseph Williams against the New York & Queens Electric Light & PowMargaret E. Backus. No opinion. Appeal dis-er Company. No opinion. Motion denied. missed, without costs.

W. & J. SLOANE, Respondents, V. PEAWILLIAMS v. BACKUS et al. (two cases). BODY, Appellant. (Supreme Court Appellate (Supreme Court, Appellate Division, First De Division, First Department. April 22, 1904.) partment. April 15, 1904.) _Actions by Joseph Action by W. & J. Sloane against Royall C. Williams against Margaret E. Backus and oth- Peabody. R. P. Chittenden, for appellant. S. ers. No opinion. Appeals dismissed, without Bacon, for respondents. No opinion. Order costs.

affirmed, with $10 costs and disbursements.

In re YOUNG. In EVERSON. (SuWILPON, Respondent, METROPOL-preme Court, Appellate Division, Fourth DeITAN ST. RY. CO., Appellant. (Supreme | partment. 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- 1 opinion. Decree of Surrogate's Court affirmder affirmed, with costs.

re

v.

ed, with costs.

END OF CASES IN VOL. 87.

INDEX.

ABANDONMENT.

ACCESSORIES.
Leased premises, see “Landlord and Tenant,” Criminal responsibility, see "Criminal Law,"
$ 3.

$ 1.
Of appeal, see "Appeal,” g 4.

ACCIDENT.
ABATEMENT.

Accident insurance, see "Insurance," $ 6.
Of legacy, see "Wills," $ 5.

ACCOMMODATION PAPER.
ABATEMENT AND REVIVAL. See "Bills and Notes."

see

Judgment as bar to another action, see "Judg-
ment," 8 4.

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

tors," $ 8.
8 1. Death of party and revival of ac- ACCORD AND SATISFACTION.

tion.
Complaint alleging cause of action for breach See “Novation"; "Payment”; “Release."
of promise of marriage and seduction held not
to survive and pass to personal representative.-

A judgment creditor held bound by executed
Larocque v. Conheim (Sup.) 625.

agreement for the compromise and settlement

of the judgment.-Meeker v. Requa (Sup.) 959.
Since an infant caunot maintain an action for
seduction, the right of action does not survive
her death.-Larocque v. Comheim (Sup.) 625.

ACCOUNT.

Accounting between partners, see “Partner-
ABETTORS.

ship," $ 4.

Accounting by executor or administrator, see
Criminal responsibility, see “Criminal Law,”

"Executors and Administrators," $ 9.
$ 1.

Accounting by trustee, see “Trusts," $ 4.

Accounting by trustees in bankruptcy,
ABSENCE.

"Bankruptcy,” $ 2.

Accounting in partition proceedings, see “Parti-
Suspension of running of statute of limitation,

tion," § 1.
see “Limitation of Actions," $ 2.

Evidence as to damages in action for account-

ing, see "Damages," $ 4.

Interest as element of damages in action for
ABUTTING OWNERS.

accounting, see "Damages," $ 1.

Measure of damages in action for accounting.
Assessments for expenses of public improve-

see 'Damages," $ 3.
ments, see "Municipal Corporations," $ 4.

Reference of, see "Reference," $ 1.
Rights in streets in cities, see “Municipal Cor- Right to accounting under contract, see "Con-
porations," $ 6.

tracts," $ 2.
ACCEPTANCE.

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

Of right of action, see "Limitation of Actions,"

8 2.
ACCESSION.

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

see "Evidence," $ 3.
87 N.Y.S.-73

(1153)

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