App. Div.] Second Department, March, 1910. with costs. No opinion. Hirschberg, P. J., Woodward, Jenks, Rich and Carr, JJ., concurred. Deraismes Hose Company, No. 1, Respondent, v. The City of New York, Appellant.- Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, upon the ground that if the defendant is liable at all, such liability did not arise for a period prior to about the 1st of October, 1902, and that the proof as to the quantity of material furnished and the reasonable price thereof during that time is too vague and indefinite to base any judgment thereon. Jenks, Burr, Thomas, Rich and Carr, JJ., concurred. Henry Feldman, Appellant, v. Stephen Baldwin, Respondent.- Final order and order of the Municipal Court affirmed, with costs, on the ground that the landlord waived his right to object to the power of the court by ascribing to it power to amend his defective pleadings. Woodward, Jenks, Burr and Thomas, JJ., concurred; Hirschberg, P. J., voted to affirm generally. Ferdinand Munch Brewery, Appellant, v. David Katz, Respondent.- Judg. ment of the Municipal Court affirmed, with costs. No opinion. Hirschberg, P. J., Woodward, Jenks, Burr and Carr, JJ., concurred. Samson W. George, as Trustee of a Certain Trust Created by the Last Will and Testament of Philip R. George, Deceased, Respondent, v. Village of Chester, Appellant. - Judgment affirmed, with costs, on the opinion of Mr. Justice Tompkins at Special Term. (Reported in 59 Misc. Rep. 553.) Hirschberg, P. J., Woodward, Jenks, Thomas and Carr, JJ., concurred. Hugh F. Gordon, Respondent, v. New York Evening Journal Publishing Company, Appellant.- Judgment and order affirmed, with costs. No opinion. Hirschberg, P. J., Woodward, Burr, Thomas and Rich, JJ., concurred. William B. Gray, Respondent, v. New York, New Haven and Hartford Railroad Company, Appellant, Impleaded with The New York Central and Hudson River Railroad Company, Defendant.—Judgment and order unanimously affirmed, with costs. No opinion. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. Patrick F. Green, Respondent, v. The Long Island Railroad Company, Appellant.- Judgment and order unanimously affirmed, with costs. No opinion. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. Browne C. Hammond, Appellant, v. Charles Goell Construction Company, Respondent.-Judgment of the Municipal Court affirmed, with costs. No opinion. Hirschberg, P. J., Woodward, Thomas, Rich and Carr, JJ., concurred. William E. Hanna, Respondent, v. S. Jennie Sorg, Appellant.-Judgment and order unanimously affirmed, with costs. No opinion. Present - Hirschberg, P. J., Woodward, Jenks, Burr and Carr, JJ. Benevolent and Protective Order of Elks, Respondent, v. The Improved Benevolent and Protective Order of Elks of the World, and the Grand Lodge of the Improved Benevolent and Protective Order of Elks of the World, Appellants.— Motion for leave to appeal to the Court of Appeals granted. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. Thomas Brady, an Infant, by John B. Brady, His Guardian ad Litem, Respondent, v. Hudson River and Eastern Traction Company, Appellant.- Motion for Second Department, March, 1910. [Vol. 137 leave to appeal to the Court of Appeals denied. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. Brooklyn Trust Company, as Trustee, etc., Respondent, v. Octavius T. Phillips, as Administrator, etc., Respondent, Impleaded with Sarah Ann Rhodes and Others, Appellants.- Motions denied, without costs. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. James E. Clonin and John Messenger, Composing the Firm of Clonin & Messenger, Respondents, v. Herman F. Lippe and Henry J. Lippe, Jr., Composing the Firm of Herman F. Lippe & Brother, and Others, Appellants. - Motion granted, without costs. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. Consolidated Rubber Tire Company, Respondent, v. Firestone Tire and Rubber Company, Appellant.— Motion for leave to appeal to the Court of Appeals granted on the ground that a question of law has arisen which ought to be reviewed by that court, and the following question certified: Does the complaint state facts sufficient to constitute a cause of action? Present — Jenks, Burr, Thomas, Rich and Carr, JJ. Thomas A. Edison and Others, Respondents, v. New York Phonograph Com. pany and Others, Appellants.- Motion to vacate order of January 26, 1910, denied, without costs. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. Anthony Fisher, Respondent, v. Wakefield Park Realty Company, Appellant. -Motion to resettle order denied, without costs.- Motion for reargument denied, with ten dollars costs. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. General Underwriting Company of New York, Respondent, v. Van Mater Stilwell, Appellant, Impleaded with Laura J. L. Stilwell and Others, Defendants.- Motion to dismiss appeal granted, with costs, unless the appellant is ready for argument when cause is reached. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. Robert Hebberd, Commissioner of Public Charities, etc., on Complaint of Hannah Spangenberg, Respondent, v. Samuel Schwartz, Appellant.— Motion to dismiss appeal granted, with ten dollars costs, unless the appellant perfect his appeal, place the same upon the present calender of this court, and be ready for argument when reached. Present — Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of Benjamin Booth Avery for Admission to the Bar.- Application granted. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application for the Removal from Office of William H. Brawley, Police Clerk, Respondent.- Motion denied, with ten dollars costs Present Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of William P. Brown and Others for the Removal from Office of Charles E. Storms, etc.- As the evidence and the report of the referee thereon have been filed with the court, the case is set down for hearing on March 14, 1910. Present - Jenks, Burr, Thomas and Carr, JJ. In the Matter of Benjamin F. Chadsey.- Petition dismissed. PresentJenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of Andrew J. Cook, etc.-Motion to dismiss appeal denied, without costs. Present- Woodward, Jenks, Thomas, Rich and Carr, JJ. App. Div.] Second Department, March, 1910. In the Matter of the Application of Frank Davidson for a Writ of Certiorari.— Motion denied, without costs, on the authority of Lackner v. American Clothing Co. (112 App. Div. 438). Present - Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of Carlos De Alvandros for Admission to the Bar.- Application denied. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of Parker Ross Freeman for Admission to the Bar.- Application grauted. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of R. L. Robertson for Admission to the Bar. – Application granted. Present― Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of Joseph F. Rutherford for Admission to the Bar.- Application granted. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. Christian Koch and Others, Respondents, v. Sali Rubin and Another, Defendants, Impleaded with Carl Weinberg, Appellant.- Motion granted, with ten dollars costs, unless the appellant places the cause on the present calendar and proceeds with the argument when the case is reached. Present Jenks, Burr, Thomas, Rich and Carr, JJ. George Kozak, Appellant, v. The Erie Railroad Company, Respondent.— Motion to resettle order denied, without costs. Present -Jenks, Burr, Thomas, Rich and Carr, JJ. Harry Levin, Appellant, v. The Nassau Electric Railroad Company, Respondent. Motion denied, with costs. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. - James A. McKinley, Respondent, v. Susan Hessen, Appellant.- Motion denied, without costs. Present Jenks, Burr, Thomas, Rich and Carr, JJ. Albert Martinez, Respondent, v. Film Import and Trading Company, Appellant. Motion to dismiss appeal from the order made and entered on August 31, 1909, granted, with ten dollars costs. Motion to dismiss appeal from judgment denied. If the proposed case on appeal appears somewhat confused, it is because the proceedings on the trial seem to be of similar character. We think the trial justice should proceed to settle the case on appeal. Present -- Jenks, Burr, Thomas, Rich and Carr, JJ. Edward J. O'Connor, Appellant, v. The City of New York, Respondent.Motion for leave to appeal to the Court of Appeals denied. Present -- Jenks, Burr, Thomas, Rich and Carr, JJ. The People of the State of New York ex rel. The New York Central and Hud. son River Railroad Company, Appellant, v. James Gourley and Others, Assessors of the Village of Haverstraw, Rockland County, N. Y., and Henry F. Dorl, Clerk of Said Village, Respondents.-- Motions denied, without costs. If application is made therefor, leave to appeal to the Court of Appeals will be granted. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. Giuseppe Rapisarda, Respondent, v. Luigi Favata and Others, Appellants.-Motion to dismiss appeal granted, with costs, unless the appellants perfect their appeal, place the same upon the next calendar of this court and be ready for argument when reached. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. Second Department, March, 1910. leave to appeal to the Court of Appeals denied. Rich and Carr, JJ. [Vol. 137 Present-Jenks, Burr, Thomas, Brooklyn Trust Company, as Trustee, etc., Respondent, v. Octavius T. Phillips, as Administrator, etc., Respondent, Impleaded with Sarah Ann Rhodes and Others, Appellants.- Motions denied, without costs. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. James E. Clonin and John Messenger, Composing the Firm of Clonin & Messenger, Respondents, v. Herman F. Lippe and Henry J. Lippe, Jr., Composing the Firm of Herman F. Lippe & Brother, and Others, Appellants.— Motion granted, without costs. Present Jenks, Burr, Thomas, Rich and Carr, JJ. Consolidated Rubber Tire Company, Respondent, v. Firestone Tire and Rubber Company, Appellant.- Motion for leave to appeal to the Court of Appeals granted on the ground that a question of law has arisen which ought to be reviewed by that court, and the following question certified: Does the complaint state facts sufficient to constitute a cause of action? Present - Jenks, Burr, Thomas, Rich and Carr, JJ. Thomas A. Edison and Others, Respondents, v. New York Phonograph Company and Others, Appellants.- Motion to vacate order of January 26, 1910, denied, without costs. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. Anthony Fisher, Respondent, v. Wakefield Park Realty Company, Appellant. - Motion to resettle order denied, without costs.- Motion for reargument denied, with ten dollars costs. Present Jenks, Burr, Thomas, Rich and Carr, JJ. General Underwriting Company of New York, Respondent, v. Van Mater Stilwell, Appellant, Impleaded with Laura J. L. Stilwell and Others, Defendants.-Motion to dismiss appeal granted, with costs, unless the appellant is ready for argument when cause is reached. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. Robert Hebberd, Commissioner of Public Charities, etc., on Complaint of Hannah Spangenberg, Respondent, v. Samuel Schwartz, Appellant.- Motion to dismiss appeal granted, with ten dollars costs, unless the appellant perfect his appeal, place the same upon the present calender of this court, and be ready for argument when reached. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of Benjamin Booth Avery for Admission to the Bar.- Application granted. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application for the Removal from Office of William H. Brawley, Police Clerk, Respondent.- Motion denied, with ten dollars costs Present Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of William P. Brown and Others for the Removal from Office of Charles E. Storms, etc.- As the evidence and the report of the referee thereon have been filed with the court, the case is set down for hearing on March 14, 1910. Present - Jenks, Burr, Thomas and Carr, JJ. In the Matter of Benjamin F. Chadsey.- Petition dismissed. PresentJenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of Andrew J. Cook, etc.-Motion to dismiss appeal denied, without costs. Present-Woodward, Jenks, Thomas, Rich and Carr, JJ. App. Div.] Second Department, March, 1910. In the Matter of the Application of Frank Davidson for a Writ of Certiorari.— Motion denied, without costs, on the authority of Lackner v. American Clothing Co. (112 App. Div. 438). Present― Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of Carlos De Alvandros for Admission to the Bar.- Application denied. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of Parker Ross Freeman for Admission to the Bar.- Application granted. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of R. L. Robertson for Admission to the Bar, - Application granted. Present - Jenks, Burr, Thomas, Rich and Carr, JJ. In the Matter of the Application of Joseph F. Rutherford for Admission to the Bar.- Application granted. Present-Jenks, Burr, Thomas, Rich and Carr, JJ. Christian Koch and Others, Respondents, v. Sali Rubin and Another, Defendants, Impleaded with Carl Weinberg, Appellant.- Motion granted, with ten dollars costs, unless the appellant places the cause on the present calendar and proceeds with the argument when the case is reached Press-Janus, Burt, Thomas, Rich and Carr, JJ. George Kozak, Appellant, v. The Erie Railroad Gure erntent- Harry Levin, Appellant, v. The Nassau Ele Beiru ent. Motion denied, with costs. Presente 12 Carr, JJ. James A. McKinley, Respondent, v. Fe denied, without costs. Present-Jenks. B Albert Martinez, Respondent, v. Filu inper a lant.- Motion to dismiss appeal from the 1909, granted, with ten dollars costs. N denied. If the proposed case on appen my the proceedings on the trial seem t justice should proceed to settle the Thomas, Rich and Carr, JJ. Edward J. O'Connor, Appelas Motion for leave to appeal to tw Burr, Thomas, Rich and Carr 3 The People of the State of son River Railroad Company ors of the Village of Haven Clerk of Said Village, Rep cation is made therefor, Present-Jenks, Burr Ta Giuseppe Rapi Motion to disr appeal, pl argument wow! Appel mjudgment |
