Louis FENNING, respondent, v. George LASKAS and Margaret Laskas, appellants. (Supreme Court, Appellate Division, Second Department. November 7, 1919.) Motion for reargument granted, and case set down for Tuesday, December 2, 1919.

Nicholas FEULNER, Respt., V. UNION RAILWAY CO. of N. Y. CITY, Applt. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Judgment and order affirmed, with costs. No opinion. Order filed.

FIRST NATIONAL BANK OF ANN ARBOR, MICH., Respt., v. John FARSON, et al. Applts. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order affirmed, with $10 costs and disbursements. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice.

FIRST NAT. BANK OF ANN ARBOR, MICH., v. John FARSON et al. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion denied, with $10 costs. Order filed.

Or

FIRST NATIONAL BANK OF ANN ARBOR, MICH., Respt., v. John FARSON et al., Applts. (Supreme Court, Appellate Division, First Department. November 14, 1919.) der reversed, with $10 costs and disbursements, and motion granted, to the extent of requiring additional undertaking in the sum of $1,000, on the authority of Banes v. Rainey, 192 N. Y. 292, 85 N. E. 71. Order filed.

Harry C. FISHER v. STAR COMPANY. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion denied, with $10 costs. Order filed.

Myra A. FLANAGAN v. CITY OF NEW YORK. John J. FLANAGAN v. SAME. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion denied, Order filed. with $10 costs.

James A. FOLEY, as Rec'r, v. Reginald RONALDS et al. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed.

Bridget FORD, appellant, v. Patrick F. CRADDOCK, respondent. (Supreme Court,

Lester M. FRIEDMAN v. Thomas MACHCINSKI et al. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed.

I. Moses FRIEDMAN et al. v. Isaac RODSTEIN. (Supreme Court, Appellate Division, MoFirst Department. October 17, 1919.) tion to dismiss appeal denied, with $10 costs. Order filed. . See, also, App. Div. 178 N. Y. Supp. 890; 176 N. Y. Supp. 554.

I. Moses FRIEDMAN et al., Respts., v. Isaac RODSTEIN, Applt. (Supreme Court, Appellate Division, First Department. November 21, 1919.) Order (176 N. Y. Supp. 554) affirmed, with $10 costs and disbursements, with leave to defendant to withdraw demurrer and to answer, on payment of said costs and $10 costs of motion at Special Term. No opinion. Order filed. See, also, 189 App. Div. 893, 178 N. Y. Supp. 890.

William W. FUNGE, Jr., Applt., v. MAUSER MANUFACTURING CO., and another, Respts. (Supreme Court, Appellate Division, First DeNovember 28, 1919.) partment. Judgment affirmed, with costs. No opinion. Order filed.

Peter GALLAGHER, Respt., v. L. L. D. REALTY CO., Applt. (Supreme Court, Appellate Division, First Department. October 24, 1919.) Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $5,000, in which event the judgment, as so modified, and the order appealed from, are affirmed, without costs. No opinion. Settle order on notice.

Edward V. GAMBIER, trustee, appellant, v. CITY & COUNTY CONTRACT COMPANY and another, respondents. (Supreme Court, Appellate Division, Second Department. November 17, 1919.) Appeal dismissed, without costs.

Agamemnon GARIFALOS, respt., v. Anastasia GARIFALOS, applt. (Supreme Court, Appellate Division, Fourth Department. October 1, 1919.) Order affirmed, without costs. All

concur.

Adolph GENEROUS V. SHEPARD & MORSE LUMBER CO. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Application granted. Order signed.

Robert GIBSON et al., Applts., v. QUICKSILVER MINING CO. et al., Respts. (Supreme Court, Appellate Division, First Department. November 14, 1919.) Order reversed, with $10 costs and disbursements, and plaintiffs' motion for a stay, as specified in their notice of motion, granted, with $10 costs. No opinion. Order filed.

William E. GIESECKE, Respt., v. CARIB SYNDICATE, Ltd., et al., Applts. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order affirmed, with $10 costs and disbursements. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice.

Matter of S. Edward GINSBURG, an attorney. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Motion for reinstatement granted. Order filed. See 188 App. Div. 517, 177 N. Y. Supp. 293.

Meyer GLADSTONE et al. v. HOROWITZ & NEWMARK, Inc. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Application denied, with $10 costs. Order signed.

Kate GLEASON, respt., v. Lucy M. WANAMAKER et al., applts. (Supreme Court, Appellate Division, Fourth Department. September 22, 1919.) Motion to dismiss appeal granted.

Sarah GOLDBERG, Respt., V. Daniel SMITH, Applt. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. No opinion. Order filed.

GOLDEN HILL BUILDING CO., Respt., v. GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORP'N, Ltd., Applt. (Supreme Court, Appellate Division, First Department. October 24, 1919.) Judgment and order affirmed. with costs. No opinion. Order filed.

Abraham GOLDMAN, Applt., v. Harry ALTMAN and another, copartners, etc., Respts. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Judgment and order affirmed, with costs. No opinion. Order filed.

Harry GOODMAN, Applt., v. Louis RUBINSTEIN et al., Respts. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

GOODWIN PRESERVING CO., applt., v. E. B. HOLTON, respt. (Supreme Court, Appellate Division, Fourth Department. September 22, 1919.) Appeal dismissed, without costs, upon stipulation filed.

In the matter of Harold A. GORDON, an Attorney. (Supreme Court, Appellate Division, Third Department. November 21, 1919.) Report of the official referee confirmed, and the complaint dismissed. All concur, except John M. Kellogg, P. J., and Lyon, J., dissenting.

Fred A. GORDON, on behalf of himself, etc., Respt., v. Jacob J. BENEDICT and another, impld., etc., Applts. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Esther I. GORDON, Applt., v. Hyman GORDON, Respt. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Order reversed, with $10 costs and disbursements, and the matter referred to Hon. John W. Goff, official referee, to take evidence as to the pecuniary condition of the parties and to report to the Special Term, with his opinion thereon, as to the proper amount, if any, to be allowed for increased alimony. No opinion. Settle order on notice.

Emily L. HALL, respondent, v. GEORGE R. HALL and Lillian S. Hall, appellants. (Supreme Court, Appellate Division, Second Department. October 3, 1919.) Judgment modified, so as to provide that the mortgage be adjudged valid as against the plaintiff for the principal sum of $1,788.34 only, and the question of the amount of interest due thereon may be settled upon application to be made by either party to the Special Term, and the judgment, as so modified, is affirmed, without costs to either party. We make the following additional findings, viz.: (a) That the expenses actually paid to the attorney of the mortgagee for the procuring of the said mortgage amounted to the sum of $1,050, so that the proceeds of the said mortgage loan to the plaintiff and her son were only the sum of $5.950; (b) that of the said proceeds the plaintiff, at the request of the defendant George R. Hall and for his benefit, paid out the sum of $4,500, and that the balance thereof, to wit, the sum of $1,450, she applied to her own uses and benefits; and (c) that the said expenses being divided between the said parties in proportion to their respective shares in and of the said proceeds, make the sum of $338.34 thereof chargeable to the plaintiff, and the balance of $711.66 due to the defendant George R. Hall. And we conclude, upon the findings as so amended, that it is equitable and just that the mortgage should stand as valid in the hands of the said George R. Hall for the principal sum of $1,788.34 only, and for such interest thereon as upon further application to the court at Special Term may be found due, upon the ground that we think that, inasmuch as the plaintiff actually received for her own use and benefit, out of the proceeds of the mortgage, the sum of $1,450, it is equitable and just that the mortgage in the hands of her son, the defendant George R. Hall, should be held valid for that amount, and for her proportionate part of the expenses of procuring the mortgage loan, which is the sum of $338.34, making in all the principal sum of $1,788.34. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur.

William E. HANNA, appellant, v. Aaron MEISLIN, respondent. (Supreme Court, Appellate Division, Second Department. October 3, 1919.) We are of opinion that there was a question for the jury whether there was a meeting of the minds of the parties on the question of cancellation, in that there was a question of fact whether Exhibit 2 had come to the knowledge of plaintiff when he wrote and mailed Exhibit A to the defendant. The judgment and order are therefore reversed, and a new trial granted, costs to abide the event. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur.

William E. HANNA, applt. v. WATERLOO WOOLEN MFG. CO., respt. (Supreme Court, Appellate Division, Fourth Department. October 8, 1919.) Appeal transferred to the Appellate Division, First Department, to be there heard and determined, pursuant to section 231 of the Code of Civil Procedure.