signed, transferred and set over to the said | company said twenty shares of stock conditioned that in case the defendant should pay the indebtedness which the assignment was collateral security for, then the assignment should be of no effect. The Courier Printing Company received from Costello out of the avails of the discount by him of the $1,000 note of the defendant, $346, and the company executed and delivered to Costello its instrument in writing, reciting the sale by Costello to the defendant, and her assumption of payment of the indebtedness of Costello to the company, and its willingness to accept the defendant as its debtor in the place and stead of Costello, and for the consideration therein expressed the company released Costello from his indebtedness to the company and accepted the defendant as its debtor in his place and stead. The fact that Costello was the owner of the stock sold to the defendant was not

questioned upon the trial. The twenty shares of stock were issued to Costello originally May 14, 1895. He testified as a witness upon the trial that he was the owner of the stock. The husband of the defendant who acted for her in making the purchase testified that his negotiations for the purchase were had with Costello. He testified to the representations made by Costello during the negotiations for the purchase. There was no evidence on the subject of the ownership of the stock offered by or on behalf of the defendant. The alleged false representations were in regard to the condition of the property of the company, its value and the amount of its indebtedness, etc. The defendant's husband, Lawrence, testified that the representations were made by Costello. The only thing from which it is claimed on behalf of the defendant that the company was in any manner connected with the sale made by Costello to the defendant, appears in this piece of evidence found in the testimony of Lawrence, in which he states a conversation had with Van Rensellaer, secretary and treasurer of the company, as follows: "I had conversation with Costello in the presence of William Van Rensellaer; that was the night before the transaction was closed; the night of the 16th of August, I think it was 1896; Costello was present; the subject of this sale was a matter of conversation between us; I asked Van Rensellaer the same question that I had Costello previously, he gave a similar answer; he said there were no debts except for pay roll and perhaps some little petty current accounts; that conversation was in the office of the Courier Printing Company." It is suggested that Van Rensellaer, who with Costello made up two of the directors, and were the active managers and the president, secretary and treasurer of the company, acquiesced in whatever statements were made by Costello as to the condition of the company, and the company having received in part the fruits of these representations must be charged with knowledge of them. In reply to these suggestions it need only be said that Costello as president and director had no authority as such to bind the company by any representations which he might make in selling stock of the company which belonged to him. Neither Costello nor Van Rensellaer as officers of the company had any power to make any representations for the company regarding a transaction to which the company was a stranger and as to which it had no pecuniary interest. The company, therefore, took no part in the transaction of the sale, had no pecuniary interest in and did not receive

[Vol. 81.

any part of the avails of the sale of Costello's stock as such. It received only a part of the debt due to it from Costello paid by him out of the avails of the sale of his stock. The judgment and order should be reversed and a new trial granted, with costs to the appellant to abide the event. McLennan, J., concurred.

Sarah J. Bridenbecker, Respondent, v. Eliza Bridenbecker, Substituted in Place and Stead of Frank W. Arnold, as Grand Secretary and Treasurer of the Brotherhood of Locomotive Firemen, Appellant.-Order reversed, with costs, and motion denied, with costs. Held, that the affidavits presented upon the motion for a new trial do not sufficiently establish that the plaintiff's failure to learn of the proposed new evidence was not due to lack of reasonable care and diligence upon her part; also held, that said evidence is incompetent; but even if competent, would not, in our opinion, be sufficient to produce a result different from that which prevailed upon the trial already held. Adams, P. J., McLennan, Spring, Hiscock and Nash, JJ., concurred. The Caledonia Springs Ice Company, Respondent, v. Camille Forest, Appellant.-Judg ment affirmed, with costs. Adams, P. J., McLennan, Spring, Hiscock and Nash, JJ., concurred.

Cayuga County Patrons' Fire Relief Associa tion, Respondent, v. Cyrus A. Nettleton and Others, Impleaded with Francis C. Raines as Receiver of the Property of Cyrus A. Nettleton, Appellant.- Judgment affirmed, with costs. Adams, P. J., McLennan, Spring, Hiscock and Nash, JJ., concurred. Frank Martin, Respondent, v. James B. Gillett and Others, Defendants, Impleaded with William Smith, Appellant.- Judgment af. firmed, with costs. Adams, P. J., McLennan and Nash, JJ., concurred; Williams and Hiscock, JJ., dissented. John Scanlon, Respondent, v. The Village of Weedsport, Appellant.-Judgment and order affirmed, with costs. Adams, P. J., McLennan, Spring, Williams and Nash, JJ., concurred.

Battese Revoir, Appellant, v. George B. Leonard, Respondent.-Judgment affirmed, with costs. Adams, P. J., McLennan, Spring, Williams and Nash, JJ., concurred. Augusta Priscilla Hanna and Others, Respondents, v. Mary A. Hanna, Appellant.- Judg. ment affirmed, with costs. Adams, P. J Spring, Williams, Hiscock and Nash, JJ., concurred.

John G. Jeffers, Respondent, v. The McLennan French Paint Company, Limited, Appellant. -Judgment reversed and new trial ordered, with costs to the appellant to abide event. Held, that plaintiff's evidence does not establish with sufficient clearness his right, under the first contract, to recover commissions upon the amount of sales allowed by the referee. McLennan, Spring, Williams, Hiscock and Nash, JJ., concurred. Henry Schaefer and Jacob Schoeneberger, Appellants, v. Cornelia Raab, Respondent, Im pleaded with Andrew Raab.- Judgment affirmed, with costs. Adams, P, J., McLennan, Spring, Williams and Hiscock, JJ., concurred. John Love, as Administrator, etc., of Alexander Love, Deceased, Plaintiff, v. Lehigh Valley Railroad Company, Defendant.- Plaintiff's exceptions overruled, motion for new trial denied, and judgment ordered for the defendant on the verdict, with costs. McLennan, Spring. Williams, Hiscock and Nash, JJ., concurred.

Henry Mosher, as Administrator, etc., of Henry H. Mosher, Deceased, Appellant, v. George H. McChesney, Respondent.- Judg ment and order affirmed, with costs. Adams,

App. Div.]

P. J., McLennan, Spring, Williams and Nash, JJ., concurred. Edward Wunch, Appellant, v. David Shankland, as President of Typographical Union No. 9, an Association Composed of Seven or More Members, Respondent.-Judgment affirmed, with costs, on the authority of National Protective Association v. Cumming (53 App. Div. 227; affd., 170 N. Y. 815). Spring, Williams, Hiscock and Nash, JJ., concurred; Adams, P. J., not voting. W. Martin Jones, Plaintiff, v. The New York Central and Hudson River Railroad Company, Defendant.-- Plaintiff's exceptions

overruled, motion for new trial denied, and judgment ordered for the defendant upon the nonsuit, with costs. Held, that although the plaintiff made a contract with the defendant through its agent, West, for the through carriage of his horse, which his agent, Spence, was not entitled to change, still the latter had authority to make a contract with the defendant providing for the service of notice of any claim; that plaintiff failed to comply with the provisions of the bill of lading upon this subject and is thereby barred from maintaining this action. (Jennings v. Grand Trunk Ry. Co., 127 N. Y. 438.) Adams, P. J., McLennan, Spring, Williams and Hiscock, JJ., concurred. Willian H. Baker, Respondent, v. John A. Hoxsie, Defendant; Mary E. Hoxsie, as Executrix, etc., of John A. Hoxsie, Deceased, Appellant.- Order affirmed, with ten dollars costs and disbursements. Adams, P. J., Spring, Williams, Hiscock and Nash, JJ., concurred.

In the Matter of the Proceedings for the Disbarment of Dennis W. Hunt, an Attorney and Counselor.- Order entered referring the matters presented to George S. Hooker, Esq., an attorney and counselor, as referee, to hear and report the evidence, together with his opinion thereon, to this court at the opening of the term convening May fifth

next.

In the Matter of the Proceedings for the Disbarment of A. W. Shaffer, an Attorney and Counselor.-Order entered referring_the matter presented to D. P. Morehouse, Esq., an attorney and counselor, as referee, to hear and report the evidence, together with his opinion thereon, to this court at the opening of the term convening May fifth

next.

In the Matter of the Proceedings for the Disbarment of Frank W. Talbott, an attorney and counselor.- Order entered referring the matters presented to D. P. Morehouse, Esq., an attorney and counselor, as referee, to hear and report the evidence, together with his opinion thereon, to this court at the opening of the term convening May fifth next. Stephen C. Mumford v. Denison H. Maxfield, as, etc.- Motion for leave to appeal to the Court of Appeals denied, with ten dollars costs and disbursements.

In the Matter of the Petition of Florence Bulloch, Appellant, to Remove Emery Steele, Respondent, from Certain Premises.- Order affirmed, with costs. All concurred. In the Matter of the Application of Walter H. Millard. Respondent, to Lay Out a Highway in the Town of West Turin, in the County of Lewis and the Assessment of Damages Therefor. S. Olin Foster and Others, Appellants. Order affirmed, with costs. concurred.

All

In the Matter of the Accounting of Horace T. Jones, as Trustee under the Last Will and Testament of Georgiana T. Huff, Deceased. -Decree reversed and case remitted to the Surrogate's Court to enable it to make a decision therein pursuant to section 2545, Code of Civil Procedure, without costs of this appeal to either party. All concurred, The City of Rochester, Respondent, v. Freder ick L. Heughes, Appellant.- Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, on authority of Matter of City of Rochester v. Bloss (77 App. Div. 28; affd., 173 N. Y. 646), the warrant issued by the mayor having no seal affixed thereto. All concurred.

The People of the State of New York, Respondent, v. Lizzie Searles, Appellant.-Judgment of conviction affirmed. All concurred. John D. Gill, Appellant, v. Francis B. Gill, Respondent, Impleaded with Others.-- Order affirmed, with ten dollars costs and disbursements. All concurred.

The City of Buffalo v. The Delaware, Lackawanna and Western Railroad Company.Motion denied, with ten dollars costs. The Board of Water Commissioners of the Village of Philadelphia, Jefferson County, N. Y., Respondent, v. William Quinn and Others, Defendants, Impleaded with Demetria E. Converse and Others, Appellants.Order affirmed, with costs All concurred. Western New York and Pennsylvania Railway Company, Respondent, v. John M. Brinker and Others, Appellants.-Order affirmed, with ten dollars costs and disbursements, All concurred.

John Kelderhouse, Respondent, v. Nicholas C. Newerf, Appellant.- Judgment affirmed, with costs. All concurred.

Fort Stanwix Canning Company, Respondent, v. Helen H. Bevins, Appellant.- Judgment affirmed, with costs. All concurred. Western Union Telegraph Company, Respondent, v. Syracuse Electric Light and Power Company, Appellant, Impleaded with The City of Syracuse and Others. Judgment affirmed, with costs. All concurred. Hiscock, J.. not sitting.

In the Matter of the Appraisal of the Property of the Estate of Margaret Van Scoy, Deceased, under the Acts in Relation to Taxable Transfers of Property. Comptroller of the State of New York and County Treas urer of Steuben County, Appellants. Charles F. Goodrich, as Executor, etc., of Margaret Van Scoy, Deceased, and Others, Respondents.- Order of Surrogate Court affirmed, with costs. All concurred, except Williams, J., dissenting.

Nelson Davis, Appellant, v. William Walters, Respondent.-Judgment and order of County Court reversed, with costs, and judgment of Justice's Court affirmed, with costs. Held, that the evidence in Justice's Court was amply sufficient to sustain the verdict of the jury. All concurred. Michael Doherty, Respondent, v. Oneita Knitting Mill, Appellant.-Judgment and order reversed, with costs to the appellant to abide event. Held, that the plaintiff was to be charged with knowledge of the location and character of defendant's fan; also held that it was contrary to the evidence for the jury to find, as it must have done, that plaintiff did not know that the fan was or might be in motion at the time of the accident, and to find that he was free from con. tributory negligence in coming in contact with the same. All concurred.

Isaac M. Smith, Respondent, v. Lewis S. Castle, Appellant. Judgment and order of County Court affirmed, with costs. All concurred. Charles A. Worts, Respondent, v. L. Harding

Rogers, Jr., Appellant. - Judgment and order affirmed, with costs. All concurred. Carrie Harding, Respondent, v. Onondaga County Milk Association, Appellant.- Motion granted, with ten dollars costs, unless the appellant, within twenty days, procures the printed papers on appeal to be printed, filed and served, and pays the ten dollars costs of this motion, in which event the motion is denied.

Jennie Andrews, as Administratrix, etc., v. Western New York and Pennsylvania Railroad Company. Motion for reargument denied, with ten dollars costs and disbursements, and motion for leave to appeal to the Court of Appeals denied.

Jerome Uhle, Respondent, v. Arnold L. Eaton, Appellant. Order modified by striking out the part appealed from and substituting in lieu thereof the following: "But such cancellation of record is not to impair any rights or liens which the trustee in bankruptcy or any judgment creditor of the said Arnold L. Eaton may be* acquired." See opinion of Spring, J., in Pickert v. Eaton (ante, p. 423). All concurred. Hugh White and Others, as Executors, etc., of William M. White, Deceased, Respondents, v. Ernest V. Dunlevie, Appellant, Impleaded with Others.- Order affirmed, with ten dollars costs and disbursements. concurred, except Spring, J., not voting. In the Matter of Proceedings for the Disbarment of Charles Roe, an Attorney and Counselor. Proceedings dismissed by reason of defective papers, with leave to renew upon correcting the imperfections specified in memorandum filed with the clerk of this

court.

All

Emma J. Walden v. City of Jamestown.- Motion for leave to appeal to Court of Appeals granted.

The People of the State of New York, Respondent, v. Charles French, Appellant.- Judg ment of conviction affirmed. All concurred. The Syracuse and Oneida Lake Electric Railway Company, Appellant, v. The Village of Phoenix and Others, Respondents.-Order affirmed, with ten dollars costs and disbursements. All concurred.

Frances Bellen, Respondent, v. The Supreme Court of the Independent Order of Foresters, Appellant.-Judgment affirmed, with costs. All concurred.

Emmett A. McMannis, Appellant, v. John G. Elbs, Respondent.-Judgment of County and Municipal Courts reversed, with costs. Held, that upon the undisputed evidence the plaintiff was concededly entitled to recover at least the sum of two dollars and six cents. All concurred.

George W. Burks v. Paul Bosso.- Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted, and questions to be certified to that court to be settled by and before Mr. Presiding Justice Adams on two days' notice.

Howard Iron Works v. Buffalo Elevating Company.- Motion for leave to appeal to the Court of Appeals granted, and questions to be certified to that court to be settled by and before Mr. Presiding Justice Adams on two days' notice.

Levi S. Letson v. Joseph E. Letson and Others. -Motion for reargument denied, with ten for leave to appeal to the Court of Appeals dollars costs and disbursements. Motion denied.

Dennis B. Wiggins v. George Hunt.- Motion to dismiss appeal granted, with ten dollars costs of this motion, unless within thirty days from the date of entry and service of a copy of this order the appellant pays the costs of this motion and of the former dismissal in this court, in which event the motion is denied.

Helen M. Gadola v. John F. Gadola.- Motion to dismiss appeal granted, with ten dollars costs. In the Matter of the Appointment of an Examining Board to Examine into the Operation of an Act Creating a Commissioner of Jurors in Erie County.-Report of commissioners heretofore appointed by this court received and filed. Order entered settling allowances and expenses.

Alva A. House, Respondent, v. Auburn City Railway Company, Appellant. - Judgment and order affirmed, with costs. All concurred. Edwin A. Kendall, Appellant, v. The Pennsyl vania Railroad Company, Respondent.Judgment and order of County Court affirmed, with costs. All concurred. Bridget Corkery, Appellant, v. E. Gould Woodruff, Respondent.- Order appealed from reversed and original order modified so as to limit the oral examination of the plaintiff to the actual condition of her eyes and her general physical condition before and after the alleged malpractice by the defendant, and to the treatment of herself or the medicine used or means employed by her, so far as she is able to state the same. No costs of this appeal are allowed to either party. All concurred.

In the Matter of the Proceedings for the Disbarment of Charles Roe, an Attorney and Counselor.-Proceedings dismissed by reason of defective papers, with leave to renew upon correcting the imperfections specified in memorandum filed with the clerk of this court. (Not published by direction of the court.)