Lapas attēli
PDF
ePub

Action by Alma Bouchard, as administratrix, etc., against Henry P. Burgard and another. No opinion. Appeal dismissed, without costs, upon stipulation filed.

In re BOYER. (Supreme Court, Appellate Division, Second Department. March 20, 1914.) In the matter of the judicial settlement of the final account of William H. Boyer, as sole surviving trustee of the estate of Charles W. Darling, deceased. No opinion. Decree of the Surrogate's Court of Suffolk County affirmed, with costs payable out of the estate.

BRADY, Appellant, v. CLARK, Respondent. (Supreme Court, Appellate Division, First Department. February 20, 1914.) Action by Mary Brady, as administratrix, etc., against John W. Clark. C. J. Earley, of New York City, for appellant. F. W. Sperling, of New York City, for respondent. No opinion. Judgment affirmed, with costs. Order filed.

BROADWAY CORPORATION v. GEORGE RECTOR, Incorporated. (Supreme Court, Appellate Division, First Department. February 13, 1914.) Action by the Broadway Corporation against George Rector, Incorporated. No opinion. Motion denied, with $10 costs. Order filed.

BROWN, Respondent, v. BROWN, Appellant (two cases). (Supreme Court, Appellate Division, Second Department. March 6, 1914.) Action by Charles A. Brown against Agnes Brown. No opinion. Orders affirmed, without costs. See, also, 83 Misc. Rep. 597, 145 N. Y. Supp. 471.

1914.) In the matter of William P. Buchler, an attorney. No opinion. Motion granted. Settle order on notice. See, also, 155 App. Div. 246, 140 N. Y. Supp. 324.

BURKE, Respondent, v. PITTSBURG CONTRACTING CO., Appellant. (Supreme Court, Appellate Division, First Department. April 3, 1914.) Action by Albert Burke against the Pittsburg Contracting Company. J. A. Goodwin, of White Plains, for appellant. B. W. Moore, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.

BUTLER et al., Appellants, v. ROBINSON, Respondent, et al. (Supreme Court, Appellate Division, First Department. February 20, 1914.) Action by Marvin F. Butler and others against Seth B. Robinson, individually, etc., impleaded. W. C. Prime, of New York City, for appellants. E. S. Clinch, of New York City, for respondent. No opinion. Judgment affirmed, with costs. Order filed.

CAFÉ GOLDMAN, Respondent, v. MARGULES, Appellant. (Supreme Court, Appellate Division, Second Department. March 20, 1914.) Action by the Café Goldman against Abraham Margules. No opinion. Motion denied, on condition that defendant perfect the appeal, place the case on the April calendar, and be ready for argument when reached; otherwise, motion granted, with $10 costs.

COX CO., Appellant. CAHILL, Respondent, v. BABCOCK & WIL(Supreme Court, Appellate Division, First Department. April 3, 1914.) Action by Dennis P. Cahill against the BROWN, Respondent, v. BROWN, Appel- of New York City, for appellant. S. B. Stiles, Babcock & Wilcox Company. E. C. Sherwood. lant. (Supreme Court, Appellate Division, Sec-of New York City, for respondent. No opinion. ond Department. April 3, 1914.) Action by Charles A. Brown against Agnes Brown. No opinion. Motions for leave to appeal (from 146 N. Y. Supp. 1085) to the Court of Appeals denied, without costs.

BROWN v. PROTECTED HOME CIRCLE. (Supreme Court, Appellate Division, Fourth Department. March 4, 1914.) Action by Charles R. Brown against the Protected Home Circle. PER CURIAM. Plaintiff's exceptions sustained, and motion for new trial granted, with costs to plaintiff to abide event. Held, that the nonsuit was improperly granted, that the evidence presented questions of fact which should have been submitted to the jury as to payment and acceptance by defendant of dues after the expiration of the payment period, and defendant's waiver of the forfeiture and reinstatement clauses of the certificate.

KRUSE, P. J., and FOOTE, J., dissent.

In re BUCHLER. (Supreme Court, Appellate Division, First Department. March 27,

Judgment and order affirmed, with costs.
der filed.

Or

CAHN, Respondent, v. MORRIS et al., Appellants. (Supreme Court, Appellate Division, First Department. March 13, 1914.) Action by Ferdinand Cahn against Abram Morris and another. J. M. Herzberg, of New York City, for appellants. M. J. Cahn, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

CANDALA, Respondent, v. SCHENECTADY ORPHEUM THEATRE CO., Appellant. (Supreme Court, Appellate Division, Third Department. March 4, 1914.) Action by Anthony Candala against the Schenectady Orpheum Theatre Company.

PER CURIAM. Judgment and order reversed, and new trial granted, with costs to appellant to abide event, unless the plaintiff stipulates to reduce the damages to $250, in which case the judgment, as so modified, and order, affirmed, without costs. The court dis

approves of the finding of fact that the defendant had knowledge of the quarrelsome disposition of its employé; the court finding that no exemplary damages are warranted by the evidence.

WOODWARD, J., votes for affirmance.

CAPP, Respondent, v. JACKSON, Appellant. (Supreme Court, Appellate Division, Third Department. March 13, 1914.) Action by Sophia Capp against Meyer Jackson. No opinion. Order affirmed, with $10 costs and disbursements.

CARDOS v. EDWARDS. (Supreme Court, Appellate Division, First Department. February 13, 1914.) Action by Henry Cardos against Wm. H. Edwards, as commissioner. No opinion. Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed. See, also, 152 App. Div. 945, 137 N. Y. Supp. 1114; 146 N. Y. Supp. 1086.

CARDOS, Respondent, v. EDWARDS, Commissioner, Appellant. (Supreme Court, Appellate Division, First Department. April 3, 1914.) Appeal from Special Term, New York County. Application by Henry Cardos against William H. Edwards, as Commissioner. From a final order directing the issuance of a preemptory writ of mandamus, and from an order denying a motion for a new trial, defendant appeals. Orders reversed. See, also, 146 N. Y. Supp. 1086. Charles J. Nehrbas, of New York City, for appellant. William E. Murphy, of New York City, for respondent.

PER CURIAM. The verdict of the jury was clearly against the weight of evidence, and the order entered on the 26th day of May, 1913, denying the motion to set aside the verdict of the jury in answer to the questions submitted to them, is reversed, the motion granted, and a new trial ordered. The final order granting the mandamus, entered on the 22d day of May, 1913, falls with the order setting aside the verdict, and that is also reversed, with costs to the defendant.

CARPENTER, Appellant, v. CARPENTER, Respondent. (Supreme Court, Appellate Division, Third Department. March 4, 1914.) Action by Marianne Carpenter against William H. Carpenter. No opinion. Judgment unanimously affirmed, with costs.

CASE, Respondent, v. WALTER et al., Appellants. (Supreme Court, Appellate Division, First Department. February 13, 1914.) Appeal from Special Term, New York County. Action by Frank M. Case, Jr., against Eugene Walter and others. From an order on a motion for examination before trial, defendants appeal. Modified and affirmed. See, also, 143 N. Y. Supp. 1110. Nathan Burkan, of New York City, for appellants. David Gerber, of New York City, for respondent.

PER OURIAM. Order modified, by striking out from the order the clause which allows an

examination in relation to the counterclaim referred to in the tenth and eleventh paragraphs of the amended answer, and, as so modified, affirmed, without costs.

CASTELLI, Respondent, v. BURNS, Appellant, et al. (Supreme Court, Appellate Division, First Department. March 13, 1914.) Action by Domenico Castelli against Alexander S. Burns, impleaded. G. E. Blackwell, of New York City, for appellant. L. O. Van Doren, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 156 App. Div. 937, 141 N. Y. Supp. 1112; 158 App. Div. 913, 143 N. Y. Supp. 755.

[blocks in formation]
[blocks in formation]

CLEMENT et al. v. SARATOGA HOLDING CO. et al. (Supreme Court, Appellate Division, Third Department. March 13, 1914.) Action by John B. Clement and another, as executors, against the Saratoga Holding Company and others.

no

COLEMAN, Respondent, v. MCCLENAHAN, Appellant. (Supreme Court, Appellate Division, Second Department. March 6, 1914.) Action by Matthew Coleman against James McClenahan. No opinion. Motion granted. See, also, 145 N. Y. Supp. 1118.

COLUMBIA MACHINE & STOPPER CORPORATION v. H. KOEHLER & Co. (SuPER CURIAM. Order resettled, by modify-preme Court, Appellate Division, First Department. March 27, 1914.) Action by the Coing the thirty-eighth finding of fact, by adding lumbia Machine & Stopper Corporation against thereto the following: "Except it had knowledge or information that the bonds had H. Koehler & Co. No opinion. Motion grantever been transferred or delivered to Mrs. Way, ed, with $10 costs. Order filed. Memorandum or that she ever had or claimed any interest per curiam. See, also, 146 N. Y. Supp. 1087. therein." Finding No. 40 is modified, by adding thereto the words: "Except as appears by Exhibit No. 23."

CLICK, Respondent, v. ABENDROTH & ROOT MFG. CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 3, 1914.) Action by William Click against the Abendroth & Root Manufacturing Company.

PER CURIAM. Judgment and order reversed, upon the ground that there was no evidence to establish the negligence of defendant, and judgment directed dismissing the complaint, with costs.

RICH, J., dissents.

CLUTSAM, Respondent, v. CHAPMAN, Appellant. (Supreme Court, Appellate Division, Second Department. March 6, 1914.) Action by H. Stanley Clutsam against Charles McC. Chapman.

PER CURIAM. Motion denied, without costs. See, also, 80 Misc. Rep. 675, 141 N. Y. Supp. 801.

PUTNAM, J., took no part.

COCHRANE v. CORNWELL et al. (Supreme Court, Appellate Division, Third Department. March 13, 1914.) Action by William Cochrane against Hannah W. Cornwell and others.

PER CURIAM. Order reversed, with $10 costs and disbursements, and motion denied, without costs, upon the ground that upon the perfection of the appeal for a new trial the judgment of the justice's court ceases to be of any force, and the respondent's only remedy is to secure a judgment upon the new trial or a dismissal of the appeal, and to rely upon the undertaking given upon the appeal. Miller v. City of Buffalo, 129 App. Div. 833, 113 N. Y. Supp. 1056; Burns v. Howard, 9 Abb. New Cases, 324.

In re COFFIN. (Supreme Court, Appellate Division, First Department. March 27, 1914.) In the matter of Harriet E. Coffin, an incompetent. No opinion. Motion denied, with $10 costs. Order filed. See, also, 159 App. Div. 901, 143 N. Y. Supp. 1110.

COLUMBIA MACHINE & STOPPER CORPORATION, Appellant, v. H. KOEHLER & CO., Respondent. (Supreme Court, Appellate Division, First Department. March 27, 1914.) Action by the Columbia Machine & Stopper Corporation against H. Koehler & Co. G. Hahn, of New York City, for appellant. J. A. Goerdeler, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also. 146 N. Y. Supp. 1087.

CONDON V. EXTON HALL BROKERAGE & VESSEL AGENCY. (Supreme Court, Appellate Division, First Department. February 20, 1914.) Action by John T. Condon against the Exton Hall Brokerage & Vessel Agency. No opinion. Application denied, with $10 costs. Order signed. See, also, 83 Misc. Rep. 130, 144 N. Y. Supp. 760.

CONTINENTAL SECURITIES CO. et al., Appellants, v. MICHIGAN CENT. R. CO. et al., Respondents. (Supreme Court, Appellate Division, Third Department. March 13, 1914.) Action by the Continental Securities Company and another against the Michigan Central RailMoroad Company and others. No opinion. tion denied. See, also, 160 App. Div. 127, 145 N. Y. Supp. 725.

COTENIA v. BUFFALO & L. E. TRACTION CO. (Supreme Court, Appellate Division, Fourth Department March 4, 1914.) Action by Olympia Cotenia against the Buffalo & Lake Erie Traction Company. No opinion. Order granting new trial, upon the ground of newly discovered evidence, affirmed, with costs. Appeal from judgment dismissed, without costs.

In re COUNTY CLERK OF QUEENS COUNTY. (Supreme Court, Appellate Division, Second Department. March 13, 1914.) In the matter of the application of the County Clerk of Queens County for an order to destroy certain papers, deposited or filed in his office, which the court may deem to have become useless. No opinion. Motion denied, without prejudice to a renewal thereof upon further papers.

Mary L. Darcey against Dennis J. Darcey.

CROCKER-WHEELER CO., Appellant, v. [ond Department. March 27, 1914.) Action by GENESEE RECREATION CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. March 4, 1914.) Action by the Crocker-Wheeler Company against the Genesee Recreation Company. No opinion. Motion for reargument (of 160 App. Div. 373, 145 N. Y. Supp. 477) granted; reargument to be heard on the 11th day of March, 1914.

CROTTY, Respondent, v. ERIE R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. March 27, 1914.) Action by Michael Crotty against the Erie Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs. See, also, 153 App. Div. 902, 137 N. Y. Supp.. 1102.

CROWE, Respondent, v. MATTES, Appellant. (Supreme Court, Appellate Division, First Department. March 6, 1914.) Appeal from Special Term, New York County. Action by James J. Crowe against William F. Mattes. From an order denying a motion to vacate an order for examination of defendant before trial, defendant appeals. Reversed, and motion granted in part. Louis V. Ebert, of New York City, for appellant. Lloyd M. Howell, of New York City, for respondent.

PER CURIAM. Order appealed from reversed, and motion granted, to the extent that defendant's examination will be limited to the question whether or not the purchaser, Skaake, claimed to have been produced by plaintiff, was presented to the defendant by said plaintiff, and the question as to the price at which defendant sold and conveyed his café and saloon business to said Skaake, without costs to either party.

CUCCIO V. NASSAU ELECTRIC R. CO. (Supreme Court, Appellate Division, First Department. March 27, 1914.) Action by Guiseppe Cuccio against the Nassau Electric Railroad Company. No opinion. Motion to dismiss appeal granted, with $10 costs. Order filed.

CURTIN, Appellant, v. HEALY, Respondent. (Supreme Court, Appellate Division, Second Department. March 6, 1914.) Action by John Curtin against Thomas Healy. No opinion. Motion for leave to appeal to the Court of Appeals denied, without costs. See, also, 144 N. Y. Supp. 1111.

DALY, Respondent, v. WHITRIDGE et al., Appellants. (Supreme Court, Appellate Division, First Department. March 20, 1914.) Action by Peter F. Daly against Frederick W. Whitridge, as receiver, and another. B. H. Ames, of New York City, for appellants. T. H. Lord, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.

PER CURIAM. The writing of October 4, 1906, being not payable on a day certain, and upon a contingency not inevitable, is invalid as a promissory note. The agreement that it represents, being one to release and surrender dower rights to the husband, is against public policy and the laws of the state. On both causes of action, the complaint, as amended, was insufficient. The order and judgment are af firmed, with costs.

In re DARLING. (Supreme Court, Appellate Division, First Department. February 27, 1914.) In the matter of Joseph F. Darling. No opinion. Referred to official referee. Settle order on notice.

DAVIDSON et al. v. HOWELL. (Supreme Court, Appellate Division, First Department. March 13, 1914.) Action by John H. Davidson and another against Grace H. Howell. No opinion. Motion denied, with $10 costs. See, also, 145 N. Y. Supp. 1119.

DAVIS, Respondent, v. HIGGINSON, Appellant. (Supreme Court, Appellate Division, Second Department. March 20. 1914.) Action by Nathan W. Davis against William Higginson. No opinion. Judgment and order of the County Court of Kings County unanimously affirmed, with costs.

DEAN, Respondent, v. GENESEE VALLEY TRUST CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 4, 1914.) Action by Fred J. Dean against the Genesee Valley Trust Company, as executor, etc., of Sarah A. Bygrave, deceased.

PER CURIAM. Judgment and order reversed, and new trial granted, with costs to ap pellant to abide event. Held, that the verdict of the jury is contrary to and against the weight of the evidence.

FOOTE, J., not sitting.

DECKER, Appellant, v. HARRISON et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. March 4, 1914.) Action by Gertrude Lewis Decker against Henry Harrison and another, the latter as trustee, etc. No opinion. Judgment affirmed, with costs.

DEICHES, Respondent, v. WESTERN DEVELOPMENT CO., Appellant. (Supreme Court, Appellate Division, First Department. February 13, 1914.) Action by Maurice Deiches, as receiver, etc., against the Western Development Company. F. Bien, of New York City, for appellant. G. M. Mackellar, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 158 App. Div. 926, 143 N. Y. Supp.

DARCEY, Appellant, v. DARCEY, Respondent. (Supreme Court, Appellate Division, Sec-1113.

DE MAURIAC v. BYRNES. (Supremepartment. March 27. 1914.) Action by Michael Court, Appellate Division, First Department. J. Drummond, Commissioner, etc., against AlexMarch 13, 1914.) Action by Guy M. De Mau- ander Schlessinger. No opinion. Motion grantriac against Ophelia A. Byrnes. No opinion. ed, unless appellant complies with terms stated Motion granted, unless appellant complies with in order. Order filed. terms.stated in order. Order filed.

DESSAR v. HIRSCH et al. (Supreme Court, Appellate Division, First Department. March 27, 1914.) Action by Leo C. Dessar, as executor, etc., against Charles S. Hirsch and others. No opinion. Application granted. Order sign-pany, as trustee, and others. ed. See, also, 145 N. Y. Supp. 51.

DUCK et al., Respondents, v. BROOKLYN TRUST CO. et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 6, 1914.) Action by Madeline M. Duck and others against the Brooklyn Trust Com

[blocks in formation]

PER CURIAM. Motions for leave to appeal to the Court of Appeals granted, and questions certified in the form proposed. JENKS, P. J., took no part.

[blocks in formation]

ECKERT v. TRUMAN et al.

Court, Appellate Division, Second Department.
(Supreme
March 6, 1914.) Action by Claudine Eckert
against Clara M. Truman and George D. Now-
land. No opinion. Motions to dismiss appeals
denied, upon the ground that respondent's pro-
upon the previous appeal. If these costs are
ceedings are stayed for nonpayment of costs
paid within five days, the appeals may be placed
upon the April calendar, and heard upon one
144 N. Y. Supp. 1113.
printed record. See, also, 159 App. Div. 916,

EDDERY, Respondent, V. INTERBOROUGH RAPID TRANSIT CO., Appellant. (Supreme Court, Appellate Division, Second DeMarch 13, 1914.) partment. Action by Mary Eddery, as administratrix, etc., of Andrew Eddery, deceased, against the Interborough Rapid Transit Company.

PER CURIAM. Judgment and order reversed, and new trial granted, costs to abide the event, on the ground that the verdict was against the weight of the evidence. See same case, 150 App. Div. 761, 135 N. Y. Supp. 170. BURR and PUTNAM, JJ., dissent.

EGERER, Appellant, v. MANUFACTURERS' NAT. BANK OF BROOKLYN et al., Respondents. (Supreme Court, Appellate Division, First Department. March 27, 1914.) Action by August Egerer against the Manufacturers' National Bank of Brooklyn and others. H.

« iepriekšējāTurpināt »