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(182 N.Y.S.)

ROBERT LIVINGSTON STEDMAN, Inc., v. 344 WEST SEVENTY-SECOND STREET CORPORATION. (Supreme Court, Appellate Division, First Deartment. June 18, 1920.) Application denied, with $10 costs. Order signed.

Emma M. ROBERTS, as executrix, etc., of William W. W. Roberts, deceased, appellant, v. THADDEUS DAVIDS INK COMPANY, Inc., respondent. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Judgment and order unanimously affirmed, with costs. No opinion.

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 disbursements. No opinion. Order filed.

Michael ROGALSKY and another, Respts., v. FRENCH MANUFACTURING CO., Applt. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Clarence E. ROGERS, Respt., v. Marion B. ROGERS, Applt. (Supreme Court, Appellate Division, Fourth Department. May 12, 1920.) Interlocutory judgment and order affirmed, without costs. All concur.

ROGERS PEET COMPANY, Applt., v. Sidney HILLMAN, as president, etc., et al., Respts. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Order modified, by limiting the bill of particulars to the times and places and the names of the 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 enable the plaintiff to comply herewith. No opinion. Settle order on notice.

Miles ROSENBLUTH, Respt., v. Augusta SULTAN, Applt. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Order, so far as appealed from, reversed, with $10 costs and disbursements, and the motion to vacate granted; the court being without jurisdiction to enter the judgment. Order filed.

Hilliard J. ROSENCRANTZ, Applt.-Respt., Respt.-Applt. (Supreme Court, Appellate DiV. GASTON, WILLIAMS & WIGMORE, Inc., vision, First Department. June 18, 1920.) Order, so far as appealed from, affirmed, without costs. No opinion. Order filed.

Rosanna ROSENFELD, respondent, v. Selma MINTZER, defendant; Ponemone Brothers, Inc., appellant. (Supreme Court, Appellate Division, Second Department. June 4, 1920.) Order affirmed, with $10 costs and disbursements, with leave to appellant to plead over within 20 days, upon payment of such costs and the costs in the court below. No opinion. Jenks, P. J., and Mills, Putnam, Kelly, and Jaycox, JJ., concur.

Myer ROSENTHAL v. UNITED TRANSPORTATION CO. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion to dismiss appeal granted, with $10 costs. Order filed.

Myer ROSENTHAL v. UNITED TRANSPORTATION CO. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion for stay denied, with $10 costs and temporary stay vacated. Order filed.

Frances M. ROSS, plaintiff-appellant, v, AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT, defendant-respondent. (Supreme Court, Appellate Term, First Department. June 28, 1920.) Appeal James ROONEY, an infant, by William from Municipal Court, Borough of Manhattan, Fifth District. Action by Frances M. Ross Rooney, his guardian ad litem, appellant, vagainst the Automobile Insurance Company of WESTCOTT EXPRESS COMPANY, respond- Hartford, Conn. Judgment for defendant, and ent. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Order set- plaintiff appeals. Reversed, and new trial orting aside verdict and granting new trial unanimously affirmed, with costs to respondent to abide the event. No opinion.

In the matter of Edward J. ROSE, an attorney. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Matter referred to Hon. Herbert T. Ketcham, official referee, to hear and report to this court.

dered.

PER CURIAM. Since the evidence clearly 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 insurance issued by défendant to the carrier. We think, however, that the coat at the time it was lost was in the custody of the carrier. Judgment reversed, and a new trial ordered, with costs to appellant to abide the event.

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Alfredo SALMAGGI, respondent, v. LEGA MUSICALE ITALIANA, Inc., and another, appellants. (Supreme Court, Appellate Division, Second Department. June 11, 1920.) Motion for reargument denied, with $10 costs. That part of the motion which seeks for leave to answer is referred to the Special Term.

Gertrude M. ROWE, respondent, v. George W. SNYDER, appellant. (Supreme Court, Appellate Division. Second Department. May 21, 1920.) All findings of fact to the effect that the Wirtland Seminary was not a proper school for defendant's daughters to attend are reversed. The judgment is modified, so as to be restricted 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 las Salvatore, his guardian ad litem, respondFrank SALVATORE, an infant, by Nichotherein reduced to $70, to stand, and, as so modified, is affirmed without costs. Mills, Put-ent, v. nam, Kelly, and Jaycox, JJ., concur. Rich, J., votes for affirmance.

Owen J. ROWLANDS, applt., v. John A. JONES, as surviving administrator, etc., respt. (Supreme Court, Appellate Division, Fourth Department. March 17, 1920.) Interlocutory judgment affirmed, with costs, with leave to the plaintiff to plead over within 20 days upon payment of the costs of the demurrer and of this appeal. All concur, except Lambert, J., and Clark, J., who dissent, upon the ground that the payment to the administrator of the wife should be deemed payment to her.

Eugene A. RUDIGER and another, respondents-appellants, v. James S. COLEMAN and others, respondents-appellants. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Motion for stay granted, in so far as to stay, pending the appeal, all proceedings

NASSAU ELECTRIC RAILROAD COMPANY, appellant. (Supreme Court, Appellate 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 bell or gong upon approaching the middle of the block where the accident happened, we think the Court erred, although no exception thereto was taken. We therefore in our discretion reverse the judgment and grant a new trial, with costs to abide the event, since the above submission, though not excepted to, deprived the defendant of a fair trial. Jenks, P. J., and Mills, Rich, Kelly and Jaycox, JJ., concur.

Nicholas SALVATORE, respondent. v. NASSAU ELECTRIC RAILROAD COMPANY, appellant. (Supreme Court, Appellate 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 bell or gong upon approaching the middle of the block where

(182 N.Y.S.)

the accident happened, we think the Court erred, although no exception thereto was taken. We therefore in var discretion reverse the judgment and grant a new trial, with costs to abide the event, since the above submission, though not excepted to, deprived defendant of a fair trial. Jenks, P. J., and Mills, Rich, Kelly and Jaycox, JJ., concur.

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SARANAC LAND & TIMBER CO., Applt., v. James A. ROBERTS, as Comptroller, etc., Respt. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Orders affirmed, with $10 costs and disbursements. No 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. 545.

Edward S. SAVAGE, applt., v. UTICA GAS & ELECTRIC CO., respt. (Supreme Court, Appellate Division, Fourth Department. May 21, 1920.) Order affirmed, with costs. All con

cur.

Ida Wolf SCHICK, applt., v. FIRST TRUST & DEPOSIT CO., respt. (Supreme Court, Appellate Division, Fourth Department. March 17, 1920.) Order affirmed, with $10 costs, and disbursements. All concur, except Hubbs, J., who dissents.

William Jay SCHIEFFELIN, respondent, v. John F. HYLAN et al., defendants; Charles L. Craig, appellant. (Supreme Court, Appellate Division, Second Department. May 21, 1920.) Motion for leave to appeal to the Court of Appeals, with stay granted, and the following questions certified: (1) Did the order of February 13, 1920, justify and sustain an adjudication of civil contempt against the defendant Craig? (2) Was the transfer of the Rapid Transit corporate notes of the department of fund, with the application of the proceeds therefinance to the commissioners of the sinking of to the redemption of special revenue bonds held by the sinking fund commission, a violation of the order of February 13, 1920? (3) On the facts, was the defendant Craig in contempt, so as to be fined $250 and costs by the Special Term?

Michael SCHMIDBAUER, applt., v. NEW YORK CENTRAL R. R. CÓ. and one, respts. (Supreme Court, Appellate Division, Fourth Department. May 21, 1920.) Judgment and order affirmed, with costs. All concur.

Melinda P. SCHMIDT, as executrix, etc., respondent, v. Elise M. JEWETT et al., respondents; Fritz Leopold Schmidt, Jr., appellant. (Supreme Court, Appellate Division, Second Department. May 14, 1920.) Appeal dismissed, with $10 costs.

Madeline M. SCHMIDT, as administratrix, etc., of August G. Schmidt, deceased, respondent, v. Jacob SINGER, appellant. (Supreme Court, Appellate Division, Second Department. May 21, 1920.) Judgment and order unanimously affirmed, with costs. No opinion.

Rebecka SCHNIBBE, appellant, v. Louis SCHNIBBE, et al., respondents. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Judgment unanimously affirmed, with costs, upon the opinion of Mr. Justice Scudder at Special Term (109 Misc. Rep. 382, 179 N. Y. Supp. 54).

In the matter of proving the alleged last Will SCHAFFER & PERLMAN V. 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. | granted, and appeal dismissed, with costs.

S. C. POSNER, Inc., Applt., v. Emanuel A. | days she stipulate that the deposit with the JACKSON et al., Respts. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Order affirmed, with $10 costs and disbursements, the amended answer to be served within five days from service of order. No opinion. Order filed.

Beatrice SELZER, Respt., v. Herbert TAYLOR, applt. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Order reversed, and motion granted, without costs. No opinion. Order filed.

Katherine W. SHANE, applt., v. Clarence ARNETT, respt. (Supreme Court, Appellate Division, Fourth Department. March 10, 1920.) Order affirmed, with $10 costs and disbursements. All concur; Lambert, J., not sitting.

In the Matter of the Probate of the WILL of Edna I. SHARP, deceased. (Supreme Court, Appellate Division, Fourth Department. May 21, 1920.) Decree and order affirmed, with costs. All concur.

SHELTER REALTY COMPANY, Inc., appellant, v. Gustaf W. MATTSON, respondent. (Supreme Court, Appellate Division, Second Department. June 4, 1920.) Motion denied with $10 costs.

clerk of the court of the sum of $5,500 stand as security for the payment of any judgment, and accept notice of trial for the June term; the receivership to stand pending the trial. Otherwise, the order is affirmed, with $10 costs and disbursements. This disposition is made without passing upon the sufliciency of the answer. Jenks, P. J., and Mills, Rich, Putnam, and Blackmar, JJ., concur.

Jacob SILFEN and Lena Silfen, respondents, v. Sadie ELLMAN et al., appellants. (Supreme Court. Appellate Division, Second Department. May 28, 1920.) We see no cause to review the action of the County Court, or of the receiver, in collecting rents, in view of our decision that such receivership stand pending the trial.

In the matter of the second intermediate accounting and judicial settlement of the account of William S. SILSBY and one, as trustees, (Supreme Court, Appellate Division, Fourth Department. etc., of Horace Silsby, deceased. March 17, 1920.) Motion for leave to appeal to Court of Appeals denied, with $10 costs.

Jacob SINGER, as administrator, etc., of Benjamin L. Singer, deceased, respondent, v. ERIE RAILROAD COMPANY, appellant. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Judgment and order affirmed, with costs, in accordance with Elias v. Lehigh Valley R. R. Co., 226 N. Y. 154, 123 N. E. 73. Jenks, P. J., and Mills, Putnam, and Blackmar, JJ., concur. Kelly, J., votes to reverse, upon the ground that the evidence shows that plaintiff's intestate was guilty of contributory negligence as matter of law, and that the verdict acquitting him of con

SHELTER REALTY COMPANY, Inc., respondent, v. Gustaf W. MATTSON, appellant. (Supreme Court, Appellate Division, Second Department. June 11, 1920.) Order affirmed, with $10 costs and disbursements. The preliminary agreement set forth in the complaint re-tributory negligence is contrary to the evidence. fers to another draft agreement submitted by defendant's attorney to plaintiff. This draft agreement is not before the court, but evidently it is in writing, and we cannot assume that it is insufficient or unenforceable. Jenks, P. J., and Mills, Putnam, Kelly, and Jaycox, JJ.,

cur.

con

SHELTER REALTY COMPANY, Inc., appellant, v. Gustaf W. MATTSON, respondent. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Motion to dismiss appeal granted, without costs.

Jacob SILFEN and Lena Silfen, respondents, v. Sadie ELLMAN, appellant, and others, defendants. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Order reversed, and motion granted, to the extent of opening the default, setting aside the judgment, and permitting the defendant Ellman to interpose her answer, on condition that within five

Herbert S. SISSON, as State Commissioner of Excise, Respt., v. Samuel H. HERTZBERG, Applt. (Supreme Court, Appellate Division, Fourth Department. May 19, 1920.) Judgment affirmed, with costs. All concur. See, also, 188 App. Div. 819, 177 N. Y. Supp. 361.

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(182 N.Y.S.)

non affirmed, with costs. No opinion. Jenks, | ficient notice or statement was given of the
P. J., and Mills, Rich, Blackmar, and Jaycox, plaintiff's injury within the time required by the
JJ., concur.
Village Law. All concur.

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