VAN WYCK, Ch. J. The plaintiff is the payee of the note sued upon, and defendant indorsed it for the maker before its delivery to plaintiff. The Common Pleas has held in this case that the statements made to and by the defendant when he indorsed the note were sufficient to overcome the legal presumption, from the irregular indorsement itself, that the irregular indorser was only liable as second indorser. The proof of the statements to and by the defendant at the time of the indorsement were substantially the same on both trials. The disputed questions of fact were submitted to the jury without objection or exception by defendant to the judge's charge. The judgment and order are affirmed, with costs. MCCARTHY and SCHUCHMAN, JJ., concur. JAMES G. TIMOLAT, Respondent, v. THE S. J. HELD Co., Appellant. THE OAKLAND CHEMICAL CO., Respondent, v. THE S. J. HELD Co., Appellant. APPEAL from orders denying motions to set aside service of process in the above-entitled actions. H. B. Wesselman, for appellant. W. R. Beach, for respondents. SCHUCHMAN, J. This is an appeal from two orders denying the defendant's motions to set aside the service of the summons and complaint on the ground that the person on whom the process was served was not at the time of such service (November 2, 1895) an officer of the defendant company. The question of fact whether the person served was an officer of the company at the time of service was referred to a referee, who reported in the affirmative after the most elaborate investigation both as to questions of fact as of law. The report is so exhausting that the court could not improve on it. It was adopted by the judge who denied the motions. VAN WYCK, Ch. J., and MCCARTHY, J., concur. Matter of the Petition of HORACE F. HUTCHINSON, as Assignee. WALTHER D. STARR, Plaintiff, v. GEORGE HAGEMEYER et al., Impleaded with WILLIAM H. CHEW, Defendants; HORACE F. HUTCHINSON, Appellant. APPEAL from order denying motion to be made a party. W. C. Beecher, for appellant. Fulton McMahon, for respondent. MCCARTHY, J. Orders in actions Nos. 1 and 2 are affirmed, with costs. VAN WYCK, Ch. J., concurs. THEODORE VAN BREMSEN, Appellant, v. WILLIAM WALZ et al., Respondents. APPEAL from order denying motion to punish surety for contempt. George W. Stephens, for appellant. Phillips & Avery, for respondents. Per Curiam. The order appealed from denying motion to punish the surety Walz for contempt is affirmed, with costs. Present: VAN WYCK, Ch. J., and MCCARTHY, J. SOLOMON SIMON, Appellant, v. JACOB VAN CLIEF, Respondent. APPEAL from order denying motion to punish defendant for contempt. Johnston & Johnston, for appellant H. M. Headley, for respondent. Per Curiam. The order appealed from denying the motion to punish the judgment debtor for contempt is hereby affirmed, with costs. Present: VAN WYCK, Ch. J., MCCARTHY and SCHUCHMAN, JJ. Order affirmed, with costs. HENRY T. BUELL, Appellant, v. FRANK C. HOLLINS, Respondent. APPEAL from order. Perkins & Jackson, for appellant. Niles & Johnson, for respondent. MCCARTHY, J. Order affirmed, with costs. VAN WYCK, Ch. J., and SCHUCHMAN, J., coneur. LIST OF DECISIONS-NO OPINIONS. SUPERIOR COURT OF BUFFALO-GENERAL TERM, DECEMBER, Rosanio Maggio, as Administratrix, etc., Respondent, v. The Lake Shore & Michigan Southern Railway Co., Appellant.- Appeal from a judgment entered upon the verdict of a jury and from an order denying a motion for a new trial. Judgment and order appealed from affirmed, with costs. David Mardin, Respondent, v. The New York Central & Hudson River Railroad Co., Appellant.- Appeal from a judgment entered upon the verdict of a jury and from an order denying a motion for | a new trial. Judgment and order appealed from affirmed, with costs. George A. Duether et al., Respondents, v. William J. Thomas, Appellant.- Appeal from a judgment rendered by the Municipal Court of Buffalo. Judgment affirmed, with costs. Otto G. Span et al., Respondents, v. The Erie Boatmen's Transportation Co. (Limited), Appellant. -Appeal from a judgment entered upon the cision of the court without a jury. | de 1895. Judgment appealed from affirmed, with costs. Hatch, J., does not sit in this case. Ansley D. White, Respondent, v. James W. Beyers, Appellant.- Appeal from a judgment entered upon the verdict of a jury and from an order denying a motion for a new trial. Judgment and order appealed from affirmed, with costs. Titus, J., does not sit in this case. John Hill, by Guardian, Respondent, v. John McGregor, Appellant. — Appeal from a judgment entered upon the verdict of a jury and from an order denying a motion for a new trial. Judgment and order appealed from affirmed, with costs. Hatch, J., does not sit in this case. The New Britain Hardware Manufacturing Co.. Respondent, v. The Buffalo Wheel Co., Appellant.- Appeal from a judgment entered upon the verdict of a jury and from an order denying a motion for a new trial. Judgment and order appealed from affirmed, with costs. Titus, Ch. J., does not sit in this case. |