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Action by Patrick Bushway against Thomas Mc-i CAMPION, Appellant, y. ROMAN CATHGetrick. No opinion. Order affirmed, with OLIC ORPHAN ASYLUM, Respondent, et mi. $10 costs and disbursements.

(Supreme Court, Appellate Division, Tint Lk

partment. April 16, 1915.) Action by Mary L. BUTLER, Respondent, v. O'BRIEN, Appel. Campion against the Roman Catbolic urba lant. (Supreme Court, Appellate Division, First Asylum, impleaded with others. E. J. Vytis, Department. March 26, 1915.) Action by Lucie of New York City, for appellant. J. F. This, Butler against James D. O'Brien. A. Č. Mor- of New York City, for respondent. So opia... gan, of New York City, for appellant. R. Fos- Order aflirmed, with $10 costs and disburse ter, of New York City, for respondent. No ments. Order filed. See, also, 152 N. Y. Supp. opinion. Judgment and order attirmed, with 1102. Custs. Order filed.

In re BITTS. (Supreme Court, Appellate CAMPION v. ROMAN CATHOLIC OR I Division, First Department. April 16, 1915.) ' PIAN ASYLUM et al. (two cases). 82 In the matter of Thomas W. Butts. No opin- | preme Court, Appellate Division, First Depart ion. Application granted, and respondent dis- ment. April 30, 1915.) Action by Mat L barred. Settle order on notice.

Campion against the Roman Catholic Orpba

Asylum and others. E. J. Myers, of New York CAIN, Appellant, v. MORRIS et al., Respon City, for appellant. A. S. Pratt and J. F. Daly, dents. (Supreme Court, Appellate Division, both of New York City, for respondents. No First Department. January 22, 1915.) Action opinion. Judgment and order attirmed with by Ferdinand Cahn against Abram Morris and costs. Orders filed. See, also, 152 N. I. Supp another. Walter C. Low, of New York City, 1102. for appellant. M. L. Schallek, of New York City, for respondents. No opinion. Judgment affirmed, with costs. Order filed. See, also, 102 In re CARNEGIE TRUST CO. NEW BELApp. Div. 899, 146 N. Y. Supp. 1085.

GRAVIA REALTY CO., Appellant, v. s

PERINTENDENT OF BANKS OF STATE CAIRE, Respondent, V. PIEL, Appellant. OF NEW YORK, Respondent. (Supreme (Supreme Court, Appellate Division, Second De Court, Appellate Division, First Departmen. partment. March 5, 1915.) Action by Julia A. April 1, 1915.) In the matter of the Carzen Caire against Gottfried Piel. Vo opinion. Trust Company. Action by the New Belgravia Judgment and order unanimously affirmed, with Realty Company against the Superintendent us costs.

Banks of the State of New York. G. E. Jo seph, of New York City, for appellant. W

Ward, of New York City, for respondent. No CALDERO, Appellant, v. KAMENSTEIN, opinion. Orders affirmed, with $10 costs abi. Respondent. (Supreme Court; Appellate Divi- disbursements. Order filed. sion, First Department. April 9, 1915.) Action by John Caldero against Meyer Kamenstein. "J. B. Eiseman. of Brooklyn, for appel CARNEGIE TRUST CO. v. KRESS. (Sulant. J. F. Mahan, of New York City, for re preme Court, Appellate Division, First Departspondent. No opinion. Order affirmed, with ment. March 19, 1915.) Action by the car costs. Order filed.

negie Trust Company against Samuel H. Kres

No opinion. Motion granted : question certiord: CALLAHAN v. ESCHER et al. (Supreme

order filed. See, also, 152 N. Y. Supp. 1112. Court, Appellate Division, Second Department. March 5, 1915.) Action by Josie Callahan CARNEGIE TRUST CO. V. KRESS (SHagainst Louis Escher and another.

preme Court, Appellate Division, First Derart PER CURIAM. Motion granted, provided ment. April 1, 1915.) Action by the Carpedie that, within five days after entry of the order Trust Company against Samuel H. Kress. No upon the decision of this motion, defendants opinion. Motion denied. Settle order on D file in the oflice of the clerk of Kings county for tice. See, also, 151 N. Y. Supp. 1108; 152 X order of February 9, 1915, requiring plaintiff | Y. Supp. 1102. to file security for costs, and the papers upon which such order was founded. In default thereof, motion denied, with $10 costs.

CARNEGIE TRUST CO. v. KRESS. (Se

preme Court, Appellate Division, First Depart CAMPION, Appellant, V. ROMAN CATH- Trust Company against S. H. Kress. No op

ment. April 16, 1915.) Action by the Carnegie OLIC ORI'HAN ASYLUM. Respondent et al. ion. Motion granted. (Supreme Court. Appellate Division, First De See, also, 152 N. Y. Supp. 1102.

Settle order on potice. partment. April 16, 1915.) Action by Marion L. Campion against the Roman Catholic Orphan Asylum, impleaded with others. E. J. Myers, CARPENTER V. WARFIELD. (Supreme of New York City, for appellant. J. F. Daly, of Court, Appellate Division, First Department. New York City, for respondent. No opinion. April 1, 1915.) Action by Nathaniel Carpenter Order affirmed, with $10 costs and disburse against Carlos Warfield.

No opinion. Wition ments. Order filed. See, also, 152 N. Y. Supp. denied with $10 costs. Order filed. See, also, 1102.

152 N. Y. Supp. 1103.

CARPENTER v. WARFIELD. (Supreme CEHIO, Respondent, v. FISCHER et al., Court, Appellate Division, First Department. Appellants. (Supreme Court, Appellate DiviApril 1, 1915.) Action by Nathaniel L. Car- sion, Second Department. March 26, 1915.) penter against Carlos Warfield. No opinion. In the matter of proceedings supplementary to Motion granted, with $10 costs. Order filed. execution in an action by Angelo Cebio against See, also, 152 N. Y. Supp. 1102.

Max A. Fischer and others. No opinion, Or

der affirmed, rith $10 costs and lisbursements. CARPENTER MOTOR VEHICLE CO., Respondent, V. MARSHALL, Appellant. (Su- CHALMERS et al., Appellants, v. NATIONpreme Court,, Appellate Division, Second De- AL CASH REGISTER CO., Respondent. (Supartment. March 15, 1915.) Action by the preme Court, Appellate Division, First DepartCarpenter Motor Vehicle Company against Ray- ment. March 12, 1915.) Action by Eliza J. mond W. Marshall,

Chalmers and another against the National Cash PER CURIAM. Appeal dismissed, with $10 Register Company. T. H. Lord, of New York costs and disbursements. Until defendant's de- City, for appellants. G. C. Fox, of New York fault in failing to obey the order for his exami-City, for respondent. No opinion. Judgment nation shall be opened, defendant cannot re- affirmed, with costs. Order filed. See, also, 152 view such an order, in which by his own de- N. Y. Supp. 1103. fault he is deemed to have acquiesced. Flake v. Van Wagenen, 54 N. Y. 25; Jones Lumber

CHALMERS et al. v. NATIONAL CASH Co. v. Fulton, 123 App, Div, 3S6, 107 N. Y.

REGISTER CO. Supp. 942. Neither may defendant appeal from

(Supreme Court, Appellate the later order modifying the default” order, Division, First Department. April' 16, 1915.) since it was an application to the discretion of Action by Eliza J. Chalmers and others against the court below, over which this court has no

the National Cash Register Company. No opincontrol.

ion. Place v. Hayward, 100 N. Y. 626, 3

Motion denied, with $10 costs. Order N. E. 199; Matter of National Gramophone filed. See, also, 152 'N. Y. Supp. 1103. Corp., 82 Apr. Div. 593, 596, 91 N. Y. Supp. 853. See, also, 151 N. Y. Supp. 1108.

CIIASEN, Appellant, v. ASTORIA LIGHT,

HEAT & POWER CO., Respondent. (Supreme CARPLES V. JOHN DEERE WAGON CO. Court, Appellate Division, Second Department. (Supreme Court, Appellate Division, First De April 16, 1915.) Action by Max Chasen against

partment. April 1, 1915.) Action by James the Astoria Light, Heat & Power Company. bi M. Carples against the John Deere Wagon Com- PER CURIAM. Judgment affirmed, with

No opinion. Motion denied, without costs. See, also, 161 App. Div. 942, 958, 147 costs.

Order filed. See, also, 152 N. Y. Supp. N. Y. Supp. 1103. 434.

JENKS, P. J., not voting.

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CARTER v. CARTER. (Supreme Court, Ap

CICK, Respondent, WALSH-KAHL pellate Division, First Department. April 16, CONST. CO., Appellant. (Supreme Court, Ap1915.) Action by Katherine D. Carter against pellate Division, Second Department. March James E. Carter.

No opinion.' Motion to dis-15, 1915.) Action by Josephine Cick, as adminmiss appeal granted, with $10 costs.

istratrix, etc., against the Walsh-Kahl Construction Company. No opinion. Judgment and

order unanimously affirmed, with costs. In re CAULFIELD et al. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) In the matter of the application of CIMIHUD, Respondent, v. SMITH et al., Ap

John A, Caulfield and another for the removal pellants. (Supreme Court, Appellate Division, 01 of John Oscar Ball as testamentary trustee, Second Department. March 5, 1915.) Action mrs etc., of Mary Cauifield, deceased. No opinion by Steven Cimihud against Grant Smith and

Motion to dismiss appeal denied, without costs, others. No opinion. Judgment and order unand without prejudice to a renewal of this ap- animously affirmed, with costs. See, also, 152 plication if the appeal to the Court of Appeals N. Y. Supp. 1103. in the matter of the accounting proceedings of John Oscar Ball is not diligently prosecuted. See, also, 161 App. Div. 937, 145 N. Y. Supp.

CIMIHUD, Respondent, v. SMITH et al., Ap1116.

pellants. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action

by Steven Cimibud against Grant Smith and CAVANAGH, Respondent, v. McGOVERN et others. No opinion. Order unanimously affirmal., Appellants. (Supreme Court, Appellate Di-ed, with costs. See, also, 152 N. Y. Supp. 1103. vision, First Department. March 12, 1915.) ACtion by Bartholomew A. Cavanagh against CINQUE ». L'ARALDO ITALIANO PUB. Patrick McGovern and another. H. S. Hert- | Co. (Supreme Court, Appellate Division, First wig, of New York City, for appellants. J. 1. Department. March 19, 1915.) Action by AnCuff, of New York City, for respondent. tonio Cinque against L'Araldo Italiano Publish

PER CURIAM. Judgment and order affirming Company. No opinion. Motion granted, ed, with costs. Order filed.

unless appellant complies with terms stated in CLARKE, J., dissents.

order, Order filed.

CITY OF NEW YORK, Respondent, v. leave to appeal denied, with $10 costs. Order BROOKLYN HEIGHTS R. CO. et al., Ap- filed. See, also, 151 N. Y. Supp. 1110; 152 N. pellants. (Supreme Court, Appellate Division, | Y. Supp. 664. First Department. April 9, 1915.) Action by the City of New York against the Brooklyn CLARKIN, Respondent, v. CITY OF NET Heights Railroad Company and others. C. L. YORK, Appellant. (Supreme Court, Appelare Woody, of Brooklyn, for appellants. T. Farley, Division, Second Department. Mareb 2 of New York City, for respondent. No opinion. 1915.) Action by Nicholas I. Clarkin amb Judgment affirmed, with costs. Order filed. the City of New York. No opinion. Order at

firmed, with $10 costs and disbursements. CITY OF NEW YORK, Appellant, v. JAMISON, Respondent. (Supreme Court, Appellate CLEER v. EMPIRE CITY SUBWAY CO. Division, First Department. April 9, 1915.) | (Supreme Court, Appellate Division, First It Action by the City of New York against Wil- partment. March 19, 1915.) Action by Mary liam A. Jamison. J. F. O'Brien, of New York Cleer against the Empire City Subway Com City, for appellant. F. L. Durk, of Brooklyn, pany. No opinion. Application denied, with for respondent. No opinion. Judgment afiirm- $10 costs. Order signed. ed, with costs. Order filed.

CODY, Respondent, v. BRADLEY CON CLANCY v. NIAGARA FALLS HYDRAUL-TRACTING CO., Appellant. (Supreme Court IC POWER & MFG. CO. (Supreme Court, Appellate Division, Second Departriedl Appellate Division, Fourth Department. March March 5, 1915.) Action by Margarite A Conde 26, 1915.) Action by Lee E. Claney, by guard- administratrix, etc., of Edward Cous, devasti ian, etc., against the Niagara Falls Hydraulic against the Bradley Contracting Company, No Power & Manufacturing Company.

opinion. Judgment and order unanimously afPER CURIAM. Plaintiff's exceptions over-firmed, with costs. See, also, 152 N. Y. Supp. ruled, motion for new trial denied, with costs, | 1104. and judgment directed for the defendant upon the nonsuit, with costs.

CODY, Respondent, V. BRADLEY CON. KRUSE, P. J., dissents.

TRACTING CO., Appellant. (Supreme Court

, CLARKE, Respondent, v. FORTY-SECOND 30, 1915.) Action by Margarite A. Cods, as

Appellate Division, Second Department. Apri ST., M. & ST. N. AVE. R. CO., Appellant. administratrix, etc., against the Bradley Con(Supreme Court, Appellate Division, First De-tracting Company. No opinion. Motion for partment. April 30, 1915.) Action by Gladstone Clarke, an infant, etc. , against the Forty- peal to the Court of Appeals denied. See

, also,

reargument denied. Motion for leave to ap Second Street, Manhattanville & St. Nicholas 152 N. Y. Supp. 1101. Avenue Railroad Company. F. J. Moses, of New York City, for appellant. J. I. Cull, of

COHEN v. ILLINOIS SURETY CO. (84New York City, for respondent.

preme Court, Appellate Division, First DepartPER CURIAN. Judgment and order affirm- ment. April 30, 1915.) Action by Ida Cobei. ed, with costs. Order filed.

suing, etc., against the Illinois Surety Com McLAUGHLIN and LAUGHLIN, JJ., dis- pany. No opinion. Motion granted; 0123

tions to be settled on settlement of order. Set

tle order on notice. CLARKE MILLER et al. (Supreme COHEN et al., Respondents, v. LUKATHER Court, Appellate Division, First Department. Appellant, et al. (Supreme Court, Appallate March 19, 1915.) Action by John T. Clarke Division, First Department.

sent.

v.

March 26, 1915.1 against Nathan J. Miller and another. No Action by Charles M. Cohen and another opinion. Motion granted. Order filed. See, against Rose Lukather, impleaded with others also, 151 N. Y. Supp. 1110; 102 N. Y. Supp. L. B. Cohen, of New York City, for appellaut. 1104.

S. C. Steinhardt, of New York City, for the spondents. No opinion.

Judgment affirmed CLARKE V.

with costs. Order filed. MILLER et al. (Supreme Court, Appellate Division, First Department. COLLIGAN, Respondent, v. F. W. WOOLApril 30, 1915.) Action by John T. Clarke WORTH CO.,'Appellant. (Supreme Court. A? against Nathan J. Miller and others. S. A. pellate Division, First Department. March 28

, Lowenstein, of New York City, for appellants. | 1915.) Action by Sarah E. Colligan against the L. H. Xewkirk, of New York City, for respond F. W. Woolworth Company. v. Palister

No opinion. Order reversed, with costs and disbursements, and motion denied, livan, of New York City, for respondent.

10 of New York City, for appellant. F. J. S.with $10 costs. Order filed. See, also, 152 N opinion. Order affirmed, with șio costs and Y. Supp. 1104.

disbursements. Order filed.

ent.

CLARKE v. TAYLOR. (Supreme Court, Ap COLUMBIA-KNICKERBOCKER TRUST pellate Division, First Department. April 30, Co. v. WAINWRIGHT et al. (No. 7103.) (St1915.) Action by James Rae Clarke against preme Court, Appellate Division, First Depart: J. Howard Taylor. No opinion. Motion for 'ment. April 1, 1915.) Appeal from Special

Term, New York County. Action by the Colum- against the New York Central Railroad Combia-Knickerbocker Trust Company as substitut- pany and others. No opinion. Appeal (in 151 ed trustee, against Cornelia R. Wainwright N. Y. Supp. 534) dismissed on argument, with and another. From an order directing plain. $10 costs and printing disbursements to the tiff to retain a certain sum of money until respondent. entry of judginent in an action against it, defendant Wainwright appeals. Modified and affirmed. S. H. Olin, of New York City, for CONWAY, Respondent, v. FARISH-STAFappellant. W. F. Earp, of New York City, for FORD CO., Appellant. (Supreme Court, Aprespondent.

pellate Division, Second Department. April PER CURIAM. The order appealed from is 30, 1915.) Action by John F. Conway against modified, by striking out the provision that the Farish-Stafford Company. No opinion. Replaintiff retain in its hands, out of the sum

argument (in 151 N. Y. Supp. 1110) ordered, directed to be paid to the defendant Cornelia and case set down for Friday, May 7, 1915. R. Wainwright, the sum of $1,500, to await the result of the action of Tillotson v. Columbia

CORNELL et al., Appellants, v. ABRAMS Knickerbocker Trust Company, and all refer- et al., . Respondents. (Supreme Court, Appel

March 19, ences to said retained sum, and, as so modified, late Division, Second Department. affirmed, with $10 costs and disbursements to

1915.) Action by Susan Louisa Cornell and the appellant.

others against John H. Abrams, individually and as executor, etc., and others.

PER CURIAM. Judgment and order reIn re COMMISSIONERS OF PALISADES versed, and new trial granted, costs to abide INTERSTATE PARK. (Supreme Court, Ap- the event, on the grounds that it was error on pellate Division, Second Department. April the part of the trial court to direct a verdict 23, 1915.) In the matter of the application of under the circumstances of this case and that the Commissioners of the Palisades Interstate the alleged special verdict on the submitted Park for the condemnation of certain lands sit- questions was against the weight of evidence. uate in the county of Rockland, etc. No opinion. Motion to resettle order granted, and order

In re COURTNEY'S ESTATE. (Supreme signed. See, also, 152 N. Y. Supp. 1105. Court, Appellate Division, Fourth Department.

March 10, 1915.) In the matter of the estate In re COMMISSIONERS OF PALISADES of George Courtney, deceased. No opinion. INTERSTATE PARK. (Supreme Court, Ap- | Decree affirmed, with costs. pellate Division, Second Department. April 23, 1915.) In the matter of the application of CRAMER v. BROWNELL. (Supreme Court, the Commissioners of the Palisades Interstate Appellate Division, Third Department. March Park for the condemnation of certain lands sit- 18, 1915.) Action by Mary E. Cramer against uate in the county of Rockland, etc. No opin- | Frank Brownell. No opinion. Motion for reion. Motion for leave to appeal (151 N. Y. argument (151 N. Y. Supp. 1001) denied. Supp. 977) to the Court of Appeals granted. Form of order and certificate to be settled on

CRANE, Respondent, v. KELLEY, Appelnotice before Mr. Justice Putnam. See, also, l'ant. (Supreme Court, Appellate Division, 164 App. Div. 957, 149 N. Y. Supp. 1076; Fourth Department. March 17, 1915.) Ac152 N. Y. Supp. 1105.

tion by Millard M. Crane against Elmer W.

Kelley.
CONGRESS SHOE & RUBBER CO., Re-

PER CURIAM. Judgment affirmed, with spondent, V. MARSHALL, Appellant. (Su

costs. Appeal from order dismissed. This preme Court, Appellate Division, Third Department. May 7, 1915.) Action by the Con- the facts recited in the order appealed from,

court finds, upon the evidence in the record, gress Shoe & Rubber Company against N. Mon- and the findings of fact and conclusions of law roe Marshall. No opinion. Motion granted, un-contained in the decision are modified accord less within 40 days appellant serves upon re- ingly. spondent's attorney printed papers, in which case motion is denied.

C. S. POSNER CO., Inc., Respondent, v. CONNOLLY, Appellant, v. OSBORN, Re- JACKSON et al., Appellants.' (Supreme Court, spondent. (Supreme Court, Appellate Division, Appellate Division, First Department. JanuFirst Department.

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April 30, 1915.) Action ary 22, 1915.) Action by the C. S. Posner by John A. Connolly against ' William Church Company, Incorporated, against Emanuel A. Osborn. F. P. Burns, of New York City, for Jackson and another. J. H. Cohen, of New appellant. C. B. Brophy, of New York City, York City, for appellants. E. E. Wise, of New for respondent.

No opinion. Order affirmed, York City, for respondent. with $10 costs and disbursements. Order filed. PER CURIAM. Order reversed, with $10

costs and disbursements, and motion denied, CONTINENTAL SECURITIES CO., Re- with $10 costs, on De Jong v. Behrman Co.,

pondent, v. NEW YORK CENT. R. CO,'et al., | 148 App. Div. 37, 131 N. Y. Supp. 1083, with ERBIT! Ppellants. (Supreme Court, Appellate Divi- leave to plaintiff to amend on payment of costs.

non, Second Department. March 5, 1915.) AC- Order filed. See, also, 151 N. Y. Supp. 1144. ion by the Continental Securities Company LAUGHLIN, J., dissents.

152 N.Y.S.-70

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CURRY, Appellant, v. ADDOMS, Respond-1 DAVIS, Appellant, v. SEAWARD et al. P: ent. (Supreme Court, Appellate Division, Sec-'spondents. (Supreme Court, appelaie D.SI ond Department. April 9, 1915.) Action by Second Department. March 5, 1912).) Rosie Curry against Mortimer C. Addoms. No by Buell G. Davis, individually and as eint opinion. Motion for reargument (in 151 N. tor, etc., against George W. Seaward and Y. Supp. 1017) denied, with $10 costs.

others.

PER CURIAM. The order was made o In re CURTIS. (Supreme Court, Appellate this court on the apparent consent of a w Division, First Department. April 1, 1915.) parties interested. We can find in the c! In the matter of Claude F. Curtis. No 'opinion. papers no justification for any commett ca che Order affirmed, with $10 costs and disburse- good faith of the attorneys who appeared but ments. Order filed.

this court on the original motion. however, of the circumstances. Dow existila,

motion to vacate the original order is BILERI CUTLER,

Respondent, AMERICAN without prejudice to any further notice that BLOWER CO., Appellant. (Supreme Court, may be deemed advisable by either party. Appellate Division, Third Department. May also, SJ Misc. Rep. 210, 116 X. I. Supp. fil. 5, 1915.) Action by Louis Cutler, an infant,

BURR, J., took no part. by Herbert E. Cutler, his guardian ad litem, against the American Blower Company. No opinion. Judgment and order unanimously af DEAN, Respondent, v. NEW YORK STATE firmed, with costs.

RYS., Appellilt. (Supreme Court, appels

Division, Fourth Department. March DAMERS et al., Appellants, v. BARKER, 1915.) Action by John Dean, as administrate Respondent. (Supreme Court, Appellate Di etc., against the New York State Railways vision, First Department. January 22, 1915.)

PER CURIAM. Judgment and order meters Action by John Damers and another against ed, and new trial granted, with costs to ani George G. Barker. G. L. Robinson, of New lant to abide event. lield, that the renti i York City, for appellants. H. Campbell, Jr., against the weight of the evidence on the year of New York City, for respondent. No opinion. tion of the contributory negligence of plairai: Order affirmed, with costs and disbursements. intestate, and that the court erred in eredze Order filed.

the evidence offered concerning the relatioa be tween the deceased and his child.

KRUSE, P. J., dissents. In re DANZILO. (Supreme Court, Appellate Division, Second Department. March 26,

DE CIOCO v. SCHWEIZER et al is 1915.) In the matter of James C. Danzilo, an attorney. No opinion. Motion denied, and

preme Court, Appellate Division, Hirst Dear

January 22, 1915.) Action by Atti proceedings dismissed.

De Cicco against Joseph Schweizer, impleace,

M. Schneiderman, of New York City, for plan DAVERSA v. WM. H. DAVIDOW SONS tiff. F. G. Wild, of New York City, for deleteCO., Inc. (Supreme Court, Appellate Division, ant Schweizer. No opinion. Judgment First Department, April 30, 1915.) Action tied, so as to provide for a recovery bs pla by Domenico Daversa against the Wm. H. tiff of the sum of $2,500, with interest from Jan Davidow Sons Company, Incorporated. No l uary 20, 1912, and, as so modijied. aiisor opinion. Application denied, with $10 costs. with costs to plaintif. Orders appealed in Order signed. See, also, 151 N. Y. Supp. 572. allirmed, without custs, Settle order on botas

ment.

DAVIS, Respondent, v. DELAWARE, L. & DE HUNT, Appellant, v. SWIRSON, Pie W. R. CO., Appellant.' (Supreme Court, Appel- spondent. (Supreme Court, Appellate Divia 2 late Division, Fourth Department. March 17, Second Department. March 26, 1915.) detic 1915.) Action by Nellie Davis, as administra- by Beatrice H. De Hunt against Meyer Swii trix, etc., against the Delaware, Lackawanna son. & Western Railroad Company, No opinion. PER CURIAM. Order reversed, with $1 Motion for leave to appeal (151 N. Y. Supp. costs and disbursements to the appellant, on the 1112) to Court of Appeals denied, with $10 ground that the terms imposed are inadencat costs.

and motion to open default granted, op cicd

tion that within 10 days after entry of the i? DAVIS et al., Respondents, v. INTERNA- der ou this decision defendant pay $25 costs 23. TIONAL RY. CO., Appellant. (Supreme Court,

$6.05 disbursements. Appellate Division, Fourth Department. March 26, 1915.) Action by Earl J. Davis and an DD KALB AVE. CO., Inc., Respondent other against the International Railway Com CLARKE, Appellant. (Supreme Court, Apa? pany. No opinion. Motion for stay pending late Division, Second Department. March appeal granted, upon condition that appellant 1915.) Action by the De Kalb Avenue Company file and serve printed papers by April 12th, and Incorporated, against Thomas A. Clarke. briefs by April 15th, pay respondents' attorney opinion. Motion to dismiss appeal denied. It $10, and be ready to argue appeal at opening condition that appellant perfect his appes of next term of court. See, also, 152 N. Y. | place the case on the calendar for March 11 Supp. 88.

1915, and be ready for argument when reached

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