페이지 이미지
PDF
ePub

(182 N.Y.8.) PEOPLE of the State of New York ex rel. determination of said appeal, or unless authorizPIERCE-ARROW MOTOR CAR COMPANY, ed by the order to be entered upon such deterrelator, v. Walter H. KNAPP, Ralph W. Thom- mination. The said appeal to be noticed for and as, and John J. Merrill, as members of the heard at the June term of this court. Order State Tax Commission, and the State Tax Com- | filed. mission, respts. (Supreme Court, Appellate Division, Third Department. May 14, 1920.) Motion denied.

Claude PHILLIPSON, respt., v. Oliver NINNO, applt. (Supreme Court, Appellate Division,

Fourth Department. March 17, 1920.) Motion PEOPLE ex rel. Mabel L. SAFFORD, as for stay denied. In order to procure stay pendcommittee, etc., of Edgar R. Bolles, an incompe- ing appeal the undertaking should be given as tent person, applt., v. SURROGATE'S COURT | provided in section 1327 of the Code of Civil OF THE COUNTY OF GENESEE et al., Procedure. respts. (Supreme Court, Appellate Division Fourth Department. May 21, 1920.) Order atiirmed, with costs, as a matter of law, and not William H. PLUMB and Henry W. Plumb, in the exercise of discretion. All concur, except applts., v. Henry CRIMMINS, respt. (SuHubbs, J., who dissents.

preme Court, Appellate Division, Third Department. May 14, 1920.) Order unanimously

affirmed, with, $10 costs and disbursements. PEOPLE, etc., ex rel. August SMALL, respondent, v. John P. LEO et al., constituting the Board of Appeals for the City of New York, PONEMONE BROTHERS, Inc., respondent, and Liberty-Wyona Company, Inc., appellants. v: James A. KELLY, appellant. (Supreme (Supreme Court, Appellate. Division, Second Court, Appellate Division, Second Department. Department. May 14, 1920.) Order (109 Misc. June 4, 1920.). Judgment unanimously affirmed, Rep. 158, 178 N. Y. Supp. 239) affirmed, with with costs. No opinion. $50 costs and disbursements. No opinion. Jenks, P. J., and Mills, Rich, Blackmar, and Jaycox, JJ., concur.

PORTUGESE AMERICAN BANK OF SAN FRANCISCO, respt., V. ATLANTIC NATION

AL BANK, deft. ; . GEORGE TRACHTENPEOPLE, etc., ex rel. Elmer G. STORY, ap- BERG et al., applts. (Supreme Court, Appelpellant, v. Morris CUKOR et al., constituting late Division, First Department. June 18, the Municipal Civil Service Commission of the 1920.) Order affirmed, with $10 costs and disCity of New York, respondents, and Thomas C. bursements. No opinion. Order filed. Murray and Mary B. Upshaw, interveners. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Order affirmed, with $10 costs and disbursements. No opinion. POSTAL TELEGRAPH CABLE CO., respt., Jenks, P. J., and Mills, Rich, Blackmar, and v. CITY OF JAMESTOWN, applt. (Supreme Jaycox, JJ., concur.

Court, Appellate Division, Fourth Department.
March 10, 1920.) Motion for leave to appeal

to Court of Appeals denied, with $10 costs. PEOPLE, etc., ex rel. Elmer G. STORY, appellant, v. Morris CUKOR et al., constituting the Municipal Civil Service Commission of the City of New York, respondents, and Thomas C. Charles L. POWELL, respt., v. Thomas B. Murray and Mary B. Upshaw, interveners. (Su-WELCH, applt. (Supreme Court, Appellate Dipreme Court, Appellate Division, Second De- vision, Fourth Department. March 3, 1920.) partment. June 11, 1920.) Motion denied. Motion to dismiss appeal denied, and case set

down for argument on March 9th.

In the matter of the application of Rufus L. PERRY for reinstatement as an attorney at Charles L. POWELL, respt., v. Thomas B. law. (Supreme Court, Appellate Division, Sec- WELCH, applt. (Supreme Court, Appellate Diond Department. June 25, 1920.) Application vision, Fourth Department. March 17, 1920.) denied on the merits, but not for want of power Judgment and order affirmed, with costs. All to grant it.

concur; Clark, J., not sitting.

Matter of P. F. KEOGH, Inc. (Supreme Court, Appellate Division, First Department. Joseph L. PRAGER, Respt., v. NEW JERMay 21, 1920.) Motion for stay of proceedings SEY FIDELITY & PLATE GLASS INSURpending appeal granted, provided, however, that ANCE COMPANY OF NEWARK, NEW JERthe election set by the order appealed from for SEY, Applt. (Supreme Court, Appellate DiMay 21, 1920, at 12 o'clock, noon, is permitted vision, First Department. June 18, 1920.) to be held; the directors thereupon elected not Order affirmed, with $10 costs and disburseto exercise the duties as such directors pending ments. No opinion. Order filed.

182 N.Y.S.—60

Joseph L. PRAGER, Respt., v. NEW JER- Court, Appellate Division, Second Department. SEY FIDELITY & PLATE GLASS INSUR- May 7, 1920.) Motion granted, unless within ANCE COMPANY OF NEWARK, N. J., Applt. 10 days appellant pay to the respondent $10 (Supreme Court, Appellate Division, First De- costs of this motion, perfect the appeal, place partment. June 18, 1920.) Order, so far as the case on the calendar for the June term, it denies motion to open default and serve an- and be ready for argument when reached; othswer, reversed, with $10 costs and disburse-erwise, motion denied, without costs. ments, and motion to open default granted, on payment of costs before notice of trial and disbursements of entering judgment; the judgment to stand as security. Leave to serve

Sarah V. RANDALL, respondent, v. L. M.

BLUMSTEIN, proposed answer in 10 days granted on pay

Inc., appellant. (Supreme ment of said costs. No opinion. Order filed. Court, Appellate Division, Second Department.

May 7, 1920.) Judgment unanimously affirm

ed, with costs. No opinion. Joseph L. PRAGER, Respt., V. NEW JERSEY FIDELITY & PLATE GLASS INSURANCE COMPANY OF NEWARK, N. J., Applt. Michael J. K. REILLY, respondent, (Supreme Court, Appellate Division, First De- HENRI GUTMANN SILKS CORPORATION, partment. June 18, 1920.) Order affirmed, appellant. (Supreme Court, Appellate Diviwith $10 costs and disbursements. No opinion. sion, Second Department. June 11, 1920.) Order filed.

Order reversed with $10 costs and disbursements, and demurrer overruled, and defend

ant's motion for judgment on the counterBertba PRESSBURGER, appellant, v. Her-claim granted, with $10 costs, with leave to man DUBS and another, respondents. (Su- plaintiff to withdraw the demurrer and reply preme Court, Appellate Division, Second De- within 20 days, on payment of $10 costs, uppartment. June 11, 1920.) Motion denied, on on the ground that the counterclaim does condition that appellant perfect the appeal, “tend, in some way, to diminish or defeat the place the case on the calendar for the October plaintiff's recovery, as required by section term, and be ready for argument when reach - 501 of the Code of Civil Procedure. Mills, ed; otherwise, motion granted, with $10 costs. Putnam, and Kelly, JJ., concur. Jenks, P. J.,

and Jaycox, J., vote to affirm.

V.

Helen S. Engel PRICE, appellant, v. David PRICE, respondent. (Supreme Court, Appel- Michael J. K. REILLY, respondent, v. HENlate Division, Second Department. June 25, RI GUTMANN SILKS CORPORATION, ap1920.) Motion denied, without costs.

pellant. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Motion for leave to appeal to the Court of Appeals

denied. Welcome B. PRICE and one, applts., v. Carrie I. SNOW and one, as executors, etc., of Harriet W. Price, deceased, respts. (Supreme

John B. REIMER, respondent, V. Joseph Court, Appellate Division, Fourth Department. NAUGHTON and another, appellants, imMarch 10, 1920.) Motion for leave to appeal pleaded, etc. (Supreme Court, Appellate Dito Court of Appeals denied, with $10 costs. vision, Second Department. May 7, 1920.)

Motion denied, without costs.

Q. R. S. CO.' v. PHILLIPS-JONES CORPORATION. (Supreme Court, Appellate Division, First Department. June 1, 1920.) Mo

George H. REPPERT and one, applts., v. tion for stay denied, with $10 costs, and tem- Mary Eva Grier HUNTER, individually and as porary stay vacated. Order filed.

trustee, etc., respt. (Supreme Court, Appellate Division, Fourth Department. March 17, 1920.) Judgment (106 Misc. Rep. 407, 174 N.

Y. Supp. 398) affirmed, with costs. All conQ. R. S. COMPANY, Respt., v. PHILLIPS cur. See, also, 164 N. Y. Supp. 557; 180 JONES CORPORATION, Applt. (Supreme App. Div. 680, 167 N. Y. Supp. 857. Court, Appellate Division, First Department. June 18, 1920.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

RIVER PLATE COMMERCIAL CO., Applt., V. HOME INSURANCE CO., Respt. (Su

preme Court, Appellate Division, First DeJoseph L. RAFFAELI, respondent, v. Eliza-partment. May 21, 1920.) Judgment affirmed, beth E. POMEROY, appellant. (Supreine with costs. No opinion. Order filed.

(182 N.Y.S.) ROBERT LIVINGSTON STEDMAN, Inc., Miles ROSENBLUTH, Respt., v. Augusta v. 344 WEST SEVENTY-SECOND STREET SULTAN, Applt. (Supreme Court, Appellate CORPORATION. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Division. First Deartment. June 18, 1920.) Order, so far as appealed from, reversed, with Application denied, with $10 costs. Order $10 costs and disbursements, and the motion signed.

to vacate granted; the court being without ju

risdiction to enter the judgment. Order filed. Emma M. ROBERTS, as executrix, etc., of William W. W. Roberts, deceased, appellant, v. THADDEUS DAVIDS INK COMPANY, Inc.,

Hilliard J. ROSENCRANTZ, Applt.-Respt., respondent. (Supreme Court. Appellate Division, Second Department. June 25, 1920.) | Respt.-Applt. (Supreme Court, Appellate Di

V. GASTON, WILLIAMS & WIGNORE, Inc., Judgment and order unanimously affirmed, with vision, First Department. June 18, 1920.) costs. No opinion.

Order, so far as appealed from, affirmed, with

out costs. No opinion, Order bled. Caroline M. ROBINSON, Applt., v. Hubert E. ROGERS et al., Respts. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Order affirmed, with $10 costs and

Rosanna ROSENFELD, respondent, v. Seldisbursements. No opinion. Order filed.

ma MINTZER, defendant; Ponemone Brothers, Inc., appellant. (Supreme Court, Appellate Division, Second Department. June 4, 1920.)

Order affirmed, with $10 costs and disburseMichael ROGALSKY and another, Respts., ments, with leave to appellant to plead over v. FRENCH MANUFACTURING CO., Applt. within 20 days, upon payment of such costs (Supreme Court, Appellate Division, First De- and the costs in the court below. No opinion. partment. June 18, 1920.) Order aflirmed, Jenks, P. J.,' and Mills, Putnam, Kelly, and with $10 costs and disbursements. No opin- Jaycox, JJ., concur. ion, Order filed.

Clarence E. ROGERS, Respt., v. Marion B.

Myer ROSENTHAL v. UNITED TRANSROGERS, Applt._ (Supreme Court, Appellate PORTATION CO. (Supreme Court, AppelDivision, Fourth Department. May 12, 1920.) late Division, First Department. June 18, Interlocutory judgment and order affirmed, 1920.) Motion to dismiss appeal granted, with without costs. All concur.

$10 costs. Order filed.

ROGERS PEET COMPANY, Applt., v. Sidney HILLMAN, as president, etc., et al.,

Myer ROSENTHAL v. UNITED TRANSRespts. (Supreme Court, Appellate Division, PORTATION CO. (Supreme Court, AppelFirst Department. June 4, 1920.) Order late Division, First Department. June 18, modified, by limiting the bill of particulars to 1920.) Motion for stay denied, with $10 costs the times and places and the names of the and temporary stay vacated. . Order filed. members of the defendant .who, it is claimed, committed the assaults or acts of intimidation; such order, as so modified, to be complied with after the examination of the defendant to en- Frances M. ROSS, plaintiff-appellant, v, AUable the plaintiff to comply herewith. No opin- TOMOBILE INSURANCE COMPANY OF ion. Settle order on notice.

HARTFORD, CONNECTICUT, defendant-respondent. (Supreme Court, Appellate Term,

First Department. June 28, 1920.) Appeal James ROONEY, an infant, by William Fifth District. Action by Frances M. Ross Cecil ROSSI, Applt., v. William Paul BUCH-, before the referee under the provisions of the LER, Respt. (Supreme Court, Appellate Divi- interlocutory judgment entered upon the remitsion, First Department. June 18, 1920.) Or- titur from the Court of Appeals; in other re der reversed, with $10 costs and disbursements, spects, motion denied, without costs. and motion to vacate denied; the date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice.

from Municipal Court, Borough of Manhattan, Rooney, his guardian ad litem appellant, y against the Automobile Insurance Company of WESTCOTT EXPRESS COMPANY, respondent. (Supreme Court, Appellate Division, Sec. Hartford, Conn. Judgment for defendant, and ond Department. June 23, 1920.) Order set- plaintiff appeals. Reversed, and new trial or

dered. ting aside verdict and granting new trial unanimously affirmed, with costs to respondent to PER CURIAM. Since the evidence clearly abide the event. No opinion.

establishes the fact that plaintiff lost her coat, we conclude that the court below rendered judgment in favor of defendant on the theory that

the loss was not covered by the policy of inIn the matter of Edward J. ROSE, an at- surance issued by defendant to the carrier. We torney. (Supreme Court, Appellate Division, think, however, that the coat at the time it was Second Department. June 25, 1920.) Matter lost was in the custody of the carrier. Judg. referred to Hon. Herbert T. Ketcham, oflicial ment reversed, and a new trial ordered, with referec, to hear and report to this court. costs to appellant to abide the event.

Harry J. RYAN, respondent, v. L. K. COM. STOCK & COMPANY, appellant. (Supreme

Court, Appellate Division, Second Department. Joseph ROSSO, an infant, by Thomas Rosso, June 18, 1920.) Judgment and order unanihis guardian ad litem, respondent, v. Benjamin mously affirmed, with costs. No opinion. SEL and Leon Lanrowitz, appellants. (Supreme Court, Appellant Division, Second Department. May 21, 1920.) Judgment unanimously affirmed, with costs. No opinion,

Harry J. RYAN, respondent, v. L. K. COMSTOCK & COMPANY, appellant. (Supreme Court, Appellate Division, Second Department.

June 25, 1920.) Motions denied, without costs. Carrie ROTHSCHILD, Applt., v. John O. HATZEL, impld., etc., Respt. (Supreme Court, Appellate Division, First Department. June 11, 1920.) Judgment and order affirmed, with MUSICALE ITALIANA, Inc. and Ferruccio

Alfredo SALMAGGI, respondent, V. LEGA costs. No opinion. Order filed.

F. Corradetti, appellants. (Supreme Court, Appellate Division, Second Department. May 7,

1920. Orders affirmed, with only $10 costs and Thomas W. ROURKE, respondent, v. Wil- disbursements. No opinion. Jenks, P. J., and liam E. BALL, appellant.” (Supreme Court, Ap- Mills and Rich, JJ., concur. Blackmar, J., dispellate Division, Second Department. May 21, sents, on the ground that the article published 1920.) Judgment and order unanimously af- by the defendants does not sustain the innuendos firmed, with costs. No opinion.

of the complaint, with whom Jaycox, J., con

curs.

Gertrude M. ROWE, respondent, v. George W. Alfredo SALMAGGI, respondent, v. LEGA SNYDER, appellant. (Supreme Court, Appel- MUSICALE ITALIANA, Inc., and another, aplate Division, Second Department. May 21, pellants. (Supreme Court, Appellate Division, 1920.) All findings of fact to the effect that the Second Department. June 11, 1920.) Motion Wirtland Seminary was not a proper school for reargument denied, with $10 costs. That for defendant's daughters to attend are reversed. part of the motion which seeks for leave to anThe judgment is modified, so as to be restricted swer is referred to the Special Term. to a simple recovery of the sum of $70 for transportation expenses, without any other relief; in other words, so as to leave only the last paragraph of the judgment, with the amount

Frank SALVATORE, an infant, by Nichotherein reduced to $70, to stand, and, as so

las Salvatore, his guardian ad litem, respondmodified, is affirmed without costs.

Mills, Putent,

V. NASSAU ELECTRIC RAILROAD nam, Kelly, and Jaycox, JJ., concur. Rich, J., COMPANY,, appellant. (Supreme Court, Apvotes for affirmance,

pellate Division, Second Department. June 25, 1920.) This was a very close case upon the facts. In submitting to the jury as a question

of negligence the motorman's failure to sound Owen J. ROWLANDS, applt., V. John A. bell or gong upon approaching the middle of the JONES, as surviving administrator, etc., respt. block where the accident happened, we think (Supreme Court, Appellate Division, Fourth De- the Court erred, although no exception thereto partinent. March 17, 1920.) Interlocutory was taken. We therefore in our discretion rejudgment affirmed, with costs, with leave to the verse the judgment and grant a new trial, with plaintiff to plead over within 20 days upon pay- costs to abide the event, since the above subment of the costs of the demurrer and of this mission, though not excepted to, deprived the appeal. All concur, except Lambert, J., and defendant of a fair trial. Jenks, P. J., and Clark, J., who dissent, upon the ground that Mills, Rich, Kelly and Jaycox, JJ., concur. the payment to the administrator of the wife should be deemed payment to her.

Nicholas SALVATORE, respondent, v. NAS

SAU ELECTRIC RAILROAD COMPANY, Eugene A. RUDIGER and another, respond appellant. (Supreme Court, Appellate Division, ents-appellants, V. James S. COLEMAN and Second Department. June 25, 1920.) This others, respondents-appellants. (Supreme Court, was a very close case upon the facts. In subAppellate Division, Second Department. June mitting to the jury as a question of negligence 25, 1920.) Motion for stay granted, in so far the motorman's failure to sound bell or gong as to stay, pending the appeal, all proceedings upon approaching the middle of the block where

(18% N.Y.S.) the accident happened, we think the Court erred, Ida Wolf SCHICK, applt., v. FIRST TRUST although no exception thereto was taken. We & DEPOSIT CO., respt. (Supreme Court, Aptherefore in var discretion reverse the judg- pellate Division, Fourth Department. March ment and grant a new trial, with costs to abide 17, 1920.) Order affirmed, with $10 costs, and the event, since the above submission, though disbursements. All concur, except Hubbs, J., not excepted to, deprived defendant of a fair who dissents. trial. Jenks, P. J., and Mills, Rich, Kelly and Jaycox, JJ., concur.

William Jay SCHIEFFELIN, respondent, v.

John F. HYLAN et al., defendants; Charles Otto A. SAMUELS v. Henry MALKAN. L. Craig, appellant. (Supreme Court, Appel(Supreme Court, Appellate Division, First De- late Division, Second Department. May 21, partment. May 2, 1920.) Application denied, 1920.) Motion for leave to appeal to the Court with $10 costs, and stay vacated. Order signed. of Appeals, with stay granted, and the follow

ing questions certified: (1) Did the order of

February 13, 1920, justify and sustain an adLawrence H. SANDERS v. William ARCH. judication of civil contempt against the defendER, as Adm'r, etc. (Supreme Court, Appellate ant Craig? (2) Was the transfer of the Rapid Division, First Department. June 4, 1920.)

Transit corporate notes of the department of Motion to dismiss appeal denied, with $10 costs. fund, with the application of the proceeds there

finance to the commissioners of the sinking Order filed.

of to the redemption of special revenue bonds

held by the sinking fund commission, a violaBert C. SANDERS, respt. V. Fredk. J. tion of the order of February 13, 1920? (3) On ZORN, applt. (Supreme Court, Appellate Di- the facts, was the defendant Craig in contempt, vision, Fourth Department. March 3, 1920.)

so as to be fined $250 and costs by the Special

Term? Judgment and order affirmed, with costs. All concur.

Michael SCHMIDBAUER, applt., V. NEW Harry SANDOW, respondent, v. Jacob LE-YORK CENTRAL R. R. CO. and one, respts. VINE and Solomon Rosenblatt, copartners, etc., (Supreme Court, Appellate Division, Fourth appellants. (Supreme Court, Appellate Divi- | Department. May 21, 1920.) Judgment and sion, Second Department. May 14, 1920.), Or- order affirmed, with costs. All concur. der affirmed by default, with $10 costs and disbursements. Jenks, P. J., and Mills, Putnam, Kelly, and Jaycox, JJ., concur.

Melinda P. SCHMIDT, as executrix, etc., re

spondent, v. Elise M. JEWETT et al., respondAnna M. SANTANGELO, as adm'x., etc., ents; Fritz Leopold Schmidt, Jr., appellant. Respt., v. May HETHERINGTON and one, (Supreme Court, Appellate Division, Second DeApplts. (Supreme Court, Appellate Division, partment. May 14, 1920.) Appeal dismissed, Fourth Department. May 19, 1920.) Order with $10 costs. affirmed, with costs. All concur.

Madeline M. SCHMIDT, as administratrix, SARANAC LAND & TIMBER CO., Applt., etc., of August G. Schmidt, deceased, respondv. James A. ROBERTS, as Comptroller, etc., Court, Appellate Division, Second Department.

ent, v. Jacob SINGER, appellant. (Supreme Respt. (Supreme Court, Appellate Division,

Judgment and order unaniFirst Department. June 4, 1920.) Orders af: May 21, 1920.) firmed, with $10 costs and disbursements. No mously affirmed, with costs. No opinion. opinion. Settle orders on notice. Motions to dismiss appeals denied, with $10 costs. Orders filed. See, also, 100 Misc. Rep. 511, 166 N. Y. Supp. 8; 187 App. Div. 361, 175 N. Y. Supp. Rebecka SCHNIBBE, appellant, v. Louis 545.

SCHNIBBE, et al., respondents. (Supreme
Court, Appellate Division, Second Department,

June 25, 1920.) Judgment unanimously affirmEdward S. SAVAGE, applt., v. UTICA GAS ed, with costs, upon the opinion of Mr. Justice & ELECTRIC CO.. respt. (Supreme Court, Scudder at Special Term (109 Misc. Rep. 382, Appellate Division, Fourth Department. May 179 N. Y. Supp. 54). 21, 1920.) Order aflirmed, with costs. All con

cur.

In the matter of proving the alleged last Will SCHAFFER & PERLMAN Samuel and testament of Katherine M. SCHUSTER, GERST, Inc. (Supreme Court, Appellate Di- deceased. (Supreme Court, Appellate Division, vision, First Department. June 4, 1920.) Ap. Fourth Department. March 3, 1920.) Motion plication denied, with $10 costs. Order signed. I granted, and appeal dismissed, with costs.

« 이전계속 »