First Department, October, 1916. [Vol. 175. Motion JOHN FARSON and Others v. CROISIC REALTY COMPANY. denied, with ten dollars costs. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. In the Matter of WILLIAM C. BAKER V. ANDREW J. MAGUIRE.-- Motion granted. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. JAMES L. BUNNELL V. ELVERTON R. CHAPMAN.- Motion to continue stay granted. Order to be settled on notice. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. BESSIE ISHIE V. ALFRED E. NORTON COMPANY.- Application to dispense with printing granted. Order to be settled on notice. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. CAROLINE HYATT V. RACHEL WEISENBERG.-Motion granted. Order to be settled on notice. Present-Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. MARY KIWIN V. ABRAHAM GABRIEL MALOOF.- Motion denied. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. JAMES L. BUNNELL V. ELVERTON R. CHAPMAN.- Motion to strike papers from record granted. Order to be settled on notice. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. MARY A. WILLIAMS V. SARAH D. DONOVAN.- Motion granted. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. In the Matter of LAWYERS TITLE AND TRUST COMPANY.-Motion granted. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. BABY SHOW EXHIBITION COMPANY V. CROWELL PUBLISHING COMPANY.-Motion for stay granted. Order to be settled on notice. Present – Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. NEW YORK COUNTY NATIONAL BANK V. JAMES S. HERRMAN.denied, with ten dollars costs. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. Motion WATER SUPERVISION COMPANY V. DAVIS SHALL.— Application denied, with ten dollars costs. Order signed. Present — Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. ÆTNA MORTGAGE COMPANY V. ALEXANDER BIENSTOCK.— Application denied, with ten dollars costs. Order signed. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. KILBOURNE & JACOBS MFG. COMPANY V. HUGH C. Fox and Others.Application denied, with ten dollars costs. Order signed. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. HARBURGER V. CAMPBELL. YOUNGER V. CAMPBELL.- Application granted. Orders signed. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. JEFFERSON M. LEVY V. SOLOMON HOLLANDER.- Application denied, with ten dollars costs. Order signed. Present - Clarke, P. J., McLaugh lin, Scott, Dowling and Smith, JJ. ROBERT E. BURKE V. LEON MOYSE and Another.-- Application granted. App. Div.] First Department, October, 1916. Order signed. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. HAMILTON INSTITUTE, etc., v. PAUL FOERSTER.- Application denied, with ten dollars costs. Order signed. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. DAVID I. NALITT V. COSMOPOLITAN BANK. Application denied, with ten dollars costs. Order signed. Present-Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. JENNIE EVANS V. HULBERT T. E. BEARDSLEY.- Application denied, JOSEPH L. FRIEDER V. ALEXANDER ALDERMAN.- Application denied, with ten dollars costs. Order signed. Present — Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. CLARA FLATTERY V. JULIA W. ten dollars costs. Order signed. Scott, Dowling and Smith, JJ. LAWRENCE.- Application denied, with CLARA FLATTERY V. JULIA W. LAWRENCE. Motion denied, with ten dollars costs. Present-Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. HERMAN H. FAJEN and Another v. HUDSON TRANSPORTATION COM PANY.― Application granted. Order signed. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. CARL JUNK V. TERRY & TENCH COMPANY. - Application granted. Order signed. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. JAMES M. McCUNN V. DANIEL G. STEBBINS.- Application granted. Order signed. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. EDWARD J. GRANNIS V. CHARLES R. TEMPLE.- Application granted. Order signed. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. HYMAN SCHECTER V. FIDELITY AND DEPOSIT COMPANY. - Application denied with ten dollars costs. Order signed. Present-Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. In the Matter of CORNELIUS J. EARLEY.-Motion granted; referred to Hon. Henry A. Gildersleeve. Order to be settled on notice. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. In the Matter of JOHN M. COLEMAN.- Reference ordered to Hon. Henry A. Gildersleeve, official referee. Order to be settled on notice. PresentClarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. In the Matter of FRANCIS L. LELAND, Deceased.- Motion for preference granted for October eleventh. Present-Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. MAX SCHWARTZ V. SANTIAGO P. CAHILL.-Motion for preference First Department, October, 1916. [Vol. 175. granted for October thirteenth. Present-Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ, In the Matter of PETER CAFFREY, Deceased.- Motion for preference granted for October thirteenth. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. THE CITY OF NEW YORK V. ARTHUR H. MASTEN. Motion for preference granted for October thirteenth. Present - Clarke, P. J., McLaughlin. Scott, Dowling and Smith, JJ. ORLANDO T. CARPENTER, as Administrator, etc., v. NEW YORK TRUST COMPANY and Others.- Motion for preference granted for October thirteenth. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. In the Matter of THE NORTHERN BANK OF NEW YORK. In the Matter of GIFFORD, HOBBS & BEARD.- Order affirmned, with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J., McLaughlin, Scott, Smith and Page, JJ. In the Matter of THE NORTHERN BANK OF NEW YORK. In the Matter of GIFFORD, HOBBS & BEARD. - Order affirmed, with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J., McLaughlin, Scott, Smith and Page, JJ. CLARENCE PEOPLES NATIONAL BANK OF HACKENSACK, Respondent, v. B. RICE and Another, Appellants. (Action No. 1.)-Judgment affirmed, with costs. No opinion. Present-Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. CLARENCE B. RICE and Another, Appellants, v. OLIVER BROTHERS PURCHASING COMPANY and Others, Respondents. (Action No. 2.)Judgment affirmed, with costs. No opinion. Present-Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. MAX GRUBART, Appellant, v. INTERBOROUGH RAPID TRANSIT COMPANY, Respondent.- Judgment affirmed, with costs. No opinion. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. THEODORE G. PECK, JR., Respondent, v. CHARLES B. TOOLE, Appellant.- Judgment and order reversed, new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $1,436.14; in which event judgment as so modified and order affirmed, without costs. No opinion. Order to be settled on notice. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. THE PEOPLE OF THE STATE OF NEW YORK ex rel. THE PINE STREET COMPANY, Appellant, v. LAWSON PURDY, President, and Others, as COMMISSIONERS OF TAXES AND ASSESSMENTS, ETC., OF THE CITY OF NEW YORK, Respondents. Order affirmed, with costs. No opinion. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. GEORGE CONSTANTIN, Respondent, v. CONSOLIDATED GAS COMPANY OF NEW YORK, Appellant.- Determination, judgment and order reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce the judgment to the sum of $435; in which event, judgment as so modified and order denying new trial affirmed, without costs in the City Court, the Appeliate Term or this court. No opinion App. Div.] First Department, October, 1916. Order to be settled on notice. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. ARNOLD H. UHRLASS, Respondent, v. WALTER F. SINCLAIR and EDWIN W. MOORE, Appellants. As to the defendant Moore the appeal has been withdrawn. As to defendant Sinclair judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. THE PEOPLE OF THE STATE OF NEW YORK ex rel. NEW YORK CONSOLIDATED RAILROAD COMPANY, Relator, v. THE PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK FOR THE FIRST DISTRICT and Others, Respondents.- Writ dismissed and proceedings affirmed, with fifty dollars costs and disbursements. No opinion. Present-Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. MARY KIWIN, Respondent, v. ABRAHAM GABRIEL MALOOF, also Known as ABRAHAM GABRIEL, Appellant.— Judgment and orders affirmed, with costs. No opinion. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. Present LOUISE HANF, Respondent, v. HERBERT N. BRADLEY, Appellant.Judgment and order affirmed, with costs. No opinion. Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. NORMA F. SCHAFUSS, Respondent, v. FARRON S. BETTS and Another, Appellants. Judgment affirmed, with costs. No opinion. PresentClarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. In the Matter of CHARLES WOLFF, Deceased.- Decree affirmed, with costs. No opinion. Present — Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. CHARLES K. ENGLE, Respondent, v. SIMPLEX AUTOMOBILE COMPANY, Appellant.- Judgment and order affirmed, with costs. No opinion Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. EMILIE VOIGT, Respondent, v. BISCHOFF'S BANKING HOUSE, Appellant.- Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. FRANCISZEK SLIMOWICZ, as Administratrix, etc., Respondent, v. PHILADELPHIA AND READING RAILROAD COMPANY Appellant, Impleaded with Another.--Order affirmed, with ten dollars costs and disbursements, on the authority of Oravecz v. Philadelphia & Reading R. Co. (171 App. Div. 941), with leave to appellant to appeal to the Court of Appeals. No opinion. Order to be settled on notice. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. EGMONT MOLLENHAUER, Respondent, v. E. A. STROUT FARM AGENCY, Appellant.-Order modified as stated in order and as modified affirmed, without costs. No opinion. Present-Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. ERNEST ZERNICK, Respondent, v. JOHN LAURICELLI and Others, Copartners, etc., Appellants. - Order modified as stated in order and as modified affirmed, with ten dollars costs and disbursements to appellant. No opinion. Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. First Department, October, 1916. [Vol. 175. Order In the Matter of LOUIS T. NOONAN.-Proceeding dismissed. to be settled on notice. Present - Clarke, P. J., McLaughlin, Scott, Smith and Page, JJ. In the Matter of JAMES M. GIFFORD.- Proceeding dismissed. Order to be settled on notice. Present — Clarke, P. J., McLaughlin, Scott, Smith and Page, JJ. In the Matter of BRAINARD AVERY.- Proceeding dismissed. Order to be settled on notice, Present - Clarke, P. J., Scott, Dowling, Smith and Page, JJ. ALMOND R. LODWICK V. EDMOND VAN DYK and Others. - Motion to dismiss appeal granted, with ten dollars costs. (See Andrewes v. Haas, 214 N. Y. 255.) Present - Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ. HENRY B. TANGEMANN, Respondent, v. THE CITY OF NEW YORK, Appellant.-Judgment and order affirmed, with costs. No opinion. Present - Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ. DANIEL W. BUHL, Respondent, v. JOSEPH COWAN, Appellant. — Order affirmed, with ten dollars costs and disbursements, with leave to defendant to withdraw demurrer and to answer on payment of costs. No opinion. Present-Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ. In the Matter of the Transfer Tax upon the Estate of EMIL WOLFF, Deceased. STATE COMPTROLLER, Appellant; WILLIAM SCHALL, JR., and Another, Executors, etc., Respondents.― Order affirmed, with costs. No opinion. Present - Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ. ROCHESTER TRUST AND SAFE DEPOSIT COMPANY, Appellant, v. NEWMAN ERB and Another, Individually and as Surviving Trustees, etc., and Others, Respondents.― Judgment affirmed, with costs. No opinion. Present Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ. -- JOHN PEYTON CLARK, Appellant, v. CAROLINA AND YADkin River RAILWAY COMPANY, Respondent. - Judgment affirmed, with costs. No opinion. Present Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ.; Laughlin and Page, JJ., dissented. ALEXANDER WALKER, Respondent, v. O. J. GUDE COMPANY, Appellant.- Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ.; Clarke, P. J., dissented. KATIE URBAN, Respondent, v. KEVA C. ARLUCK, Appellant.— Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ. KATHERINE A. LEE, Respondent, v. OCEAN ELECTRIC RAILWAY COMPANY, Appellant.- Judgment and order affirmed, with costs. No opin ion. Present-Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ. |