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(182 N.Y.S.)

Bantleon v. Meier, 81 Hun, 162, 30 N. Y. Supp. 706. Jenks, P. J., and Mills, Rich, Kelly, and Jaycox, JJ. concur.

Albert P. WELLS, Respt., v. Joseph C. BROWNSTONE et al., Applts. (Supreme Court, Appellate Division, First Department. May 21, 1920.) Order affirmed, with $10 costs and disbursements, with leave to defendants to withdraw demurrer and to answer, on payment of said costs and $10 costs of motion at Special Term. No opinion. Order filed.

In the matter of the application of Grace H. WENTWORTH as executrix of the last will and testament of John W. Wentworth, deceased, to compel Henry L. Armstrong, as executor and trustee under the last will and testament of Mary Emma Armstrong, deceased, to render and file an account of his proceedings as such executor and trustee. (Supreme Court, Appellate Division, Third Department. May 14, 1920.) Decision amended, by striking out provision as to costs. In other respects, motion denied.

Ignatius WESOLOSKI, respondent, v. Harris VIRSHUP and others, appellants. (Supreme Court, Appellate Division, Second Department. May 14, 1920.) Motion for stay denied, with $10 costs.

Robert WEST, an infant, by Lulu West, his guardian ad litem, appellant, v. CONEY ISLAND & BROOKLYN RAILROAD COMPANY, respondent. (Supreme Court, Appellate Division, Second Department. June 4, 1920.) Judgment and order of the County Court of Kings County unanimously affirmed, with costs. No opinion.

In the matter of the application of the WESTERN UNION TELEGRAPH COMPANY for a writ of mandamus against Josiah T. MAREAN. (Supreme Court,_ Appellate Division, Second Department. June 25, 1920.) Motion for writ of mandamus denied, without costs. The former justice has, in his affidavit presented to us, stated that he was willing to settle the case and order it on file, if the parties would agree on the form thereof.

Laura Fox WETMORE, as adm'x, etc., applt. v. Frank FOWLER et al., respts. (Supreme Court, Appellate Division, Fourth Department. March 3, 1920.) Motion granted, and appeal dismissed, with costs.

Stephen A. WHISTEN, appellant, v. Colin M. EADIE, respondent. (Supreme Court, Ap

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Caroline WILKS, as adm'x, etc., Respt., v. N. Y. TELEPHONE CO. and one, Applts. (Supreme Court, Appellate Division, Fourth Department. May 12, 1920.) Order affirmed, with $10 costs and disbursements. All concur.

WILLIAM BLATH, Incorporated, respondent, v. Irving W. YOUNG, appellant. (Supreme Court, Appellate Division, Second Department. June 4, 1920.) Final order of the County Court of Westchester County reversed, with costs, and the petition unanimously dismissed, with costs. The proof shows that Danner was authorized by plaintiff to make on his behalf with the defendant the precise agreement which Danner by the receipt of June 4, 1919, attempted to make. There is no proof that thereafter defendant refused to execute any lease tendered by plaintiff.

S. Frank WILLIAMSON, as Receiver, etc., Respt., v. WHITNEY COMPANY, Applt. (Supreme Court, Appellate Division, First Department. May 28, 1920.) Judgment and order affirmed, with costs. No opinion. Order filed.

S. Frank WILLIAMSON, as Receiver, etc., v. WHITNEY CO. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion for reargument or for leave to appeal denied, with $10 costs. Order filed. Motion for stay granted. Settle order on notice.

WM. T. REYNOLDS & COMPANY, Inc., respondent, v. SEGGERMAN BROTHERS, Inc., appellant. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Order reversed, with $10 costs and disbursements, and demurrer sustained, with $10 costs, on the ground of a defect in parties defendant, with leave to plaintiff to amend its summons and complaint upon payment of such costs within twenty days. Jenks, P. J., and Mills, Rich, Blackmar, and Jaycox, JJ., concur.

William H. WILTSE, Applt., v. THOMAS MILLEN CO., Respt. (Supreme Court, Appellate Division, Fourth Department. May 19, 1920.) Judgment affirmed, with costs. All con

cur.

Caroline S. WIMPFHEIMER, appellant, v. Juanita L. Wendell and Frank M. Tichenor, individually and as executors, etc., respondents. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Plaintiff has complied with the requirements of the order of November 3, 1919. She had a perfect right to

make the additional allegations by way of amendment (Backes v. Mechanics' & Traders' Bank, 130 App. Div. 20, 114 N. Y. Supp. 459), and the order is reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Jenks, P. J., and Mills, Rich, Blackmar, and Jaycox, JJ., concur.

WINTER & CO., Applt., v. RUDOLPH PIANO CO., Applt., impld. with Traders' National Bank of Rochester, Respt., et al., Defts. (Supreme Court, Appellate Division, First Department. May 14, 1920.) Judgment affirmed, with costs. No opinion. Order filed.

WINTER & CO. v. RUDOLPH PIANO CO., impleaded, etc. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion denied, with $10 costs. Order filed.

John R. WOFIELD and another, respondents, v. W. BECKER'S ANILINE & CHEMICAL WORKS, Inc., appellant. (Supreme Court, Appellate Division, Second Department. June 11, 1920.) Motion denied, with $10 costs.

Walter WOOD and one, respts., v. Dana J. MACAFEE et al., applts. (Supreme Court, Appellate Division, Fourth Department. March 17, 1920.) Judgment (172 N. Y. Supp. 703) affirmed, with costs. All concur.

Curtis P. WOODBURY v. George B. LEIGHTON et al. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Motion for stay pending appeal granted. Settle order on notice.

Elva R. WOODWARD, Applt., v. Edward J. KELLY, Respt. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Joseph WOOLSLEGER, Respt., v. Fred CORNELL, Applt. (Supreme Court, Appellate Division, Fourth Department. May 19, 1920.) Judgment and order affirmed, with costs. All

concur.

X. AMUSEMENT CO., Inc., v. HERMES AMUSEMENT CO., Inc. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion for stay denied, with $10 costs, and temporary stay vacated. Order filed.

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THIS IS A KEY-NUMBER INDEX

It Supplements the Decennial Digests, the Key-Number Series and
Prior Reporter Volume Index-Digests

ABANDONMENT.

4 (N.Y.) Parcel left on subway car not
"abandoned property."-Foulke v. New York
Consol. R. Co., 127 N. E. 237, 228 N. Y. 269.
5 (N.Y.) Not presumed and must be sup-
ported by proof.-Foulke v. New York Consol.
R. Co., 127 N. E. 237, 228 N. Y. 269.

7 (N.Y.) Abandoned property owned by
any one taking it.-Foulke v. New York Consol.
R. Co., 127 N. E. 237, 228 N. Y. 269.

ABATEMENT AND REVIVAL.

V. DEATH OF PARTY AND REVIVAL
OF ACTION.

(A) Abatement or Survival of Action.
49 (N.Y.Sup.) Action does not survive de-
fendant's death, though surviving in state
where accident occurred.-Clough v. Gardiner,
803.

52 (N.Y.Sup.) Generally actions ex delicto
abate on death of either party.-Clough v. Gar-
diner, 803.

ACCORD AND SATISFACTION.
See Compromise and Settlement.

(1) (N.Y.Sup.) Acceptance of check, with
indorsement of payment in full, evidence accord
and satisfaction. Hoerst v. Forest Box &
Lumber Co., 903.

ACTION.

See Abatement and Revival; Dismissal and
Nonsuit.

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I. GROUNDS AND CONDITIONS PRE. (A) Acquisition of Rights by Prescription

CEDENT.

2 (N.Y.Mun.Ct.) Relief given against un-
conscionable contract.-Seventy-Eighth Street
& Broadway Co. v. Rosenbaum, 505.

II. NATURE AND FORM.
25(4) (N.Y.Mun.Ct.) Equitable defense in-
terposed in actions at law.-Seventy-Eighth
Street & Broadway Co. v. Rosenbaum, 505.
182 N.Y.S.-61

in General.

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17 (N.Y.) Held to extend to land within
street vacated within required period of pos-
(961)

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