and order reversed, with costs, unless plaintiff stipulate to reduce verdict to the sum of $3,000, in which event the judgment, as so reduced, and the order appealed from, are affirmed, without costs. Settle order on notice. See, also, 160 App. Div. 917, 145 N. Y. Supp. 696. HAUS v. ERIE R. CO. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Mabel K. Haus against the Erie Railroad Company. No opinion. Application denied, with $10 costs. Order signed. See, also, 151 N. Y. Supp. 919. In re HAYES. (Supreme Court, Appellate Division, First Department. November 13, 1914.) In the matter of William A. Hayes. No opinion. Motion granted to the extent stated in memorandum per curiam. Settle order on notice. HEDGES, Respondent, v. PIONEER IRON WORKS, Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by Dayton Hedges against the Pioneer Iron Works. PER CURIAM. Without determining whether the amended complaint is sufficient in law, we think that plaintiff should be permitted to serve the same. As terms of the amendment, defendant is entitled to receive its full taxable costs and disbursements of the action to date. Whether the sum allowed ($100) is equal to these or not, we are not in a position to determine. Defendant may, at its election, either receive, as terms of the amendment, such taxable costs and disbursements, but without any extra allowance, or the sum allowed by the learned justice at Special Term. The order, as thus modified, is affirmed, without costs. See, also, 151 N. Y. Supp. 495. HENRY OESTREICHER CO. V. WINTERS. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by the Henry Oestreicher Company against Marie E. Winters. No opinion. Motion to dismiss appeal granted, with $10 costs. Order filed. HERZOG v. GUNTHER. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Veronica Herzog against Adolph Gunther. No opinion. Motion granted, with $10 costs. Order filed. HESS, Respondent, v. INTERNATIONAL RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by Henrietta Hess against the International Railway Company. PER CURIAM. Judgment and order affirmed, with costs. MERRELL, J., dissents, upon the ground that the plaintiff failed to establish by a preponderance of evidence that she would have slipped, had there been no water on the steps, as required by the charge of the court. In re HILL. (Supreme Court, Appellate Division, First Department. March 19, 1915.) In the matter of Marie Hill. No opinion. Motion denied, with $10 costs. Order filed. See, also, 151 N. Y. Supp. 791. HILLIKER, Respondent, v. RUEGER et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by John H. Hilliker against Emily Rueger and another, individually and as surviving executrices, etc., and others. No opinion. Motion for leave to appeal (in 165 App. Div. 189, 151 N. Y. Supp. 234) to the Court of Appeals denied, as leave is unnecessary. HIRSCH et al., Respondents, v. S. HYMAN CO., Appellant. (Supreme Court, Appellate Di vision, First Department. April 30, 1915.) Action by Robert B. Hirsch and others against the S. Hyman Company. J. M. Schoenfeld, of New York City, for appellant. E. L. Mooney, of New York City, for respondents. No opinion. bursements. Order filed. Order affirmed, with $10 costs and dis In re HODGES. (Supreme Court, Appellate Division, First Department. April 23, 1915.) In the matter of Frank F. Hodges, deceased. PER CURIAM. Order affirmed, with $10 costs and disbursements, on the opinion of Fowler, S. (in 86 Misc. Rep. 367, 148 N. Y. Supp. 424). Order filed. CLARKE, J., dissents. HOFFMAN et al., Respondents, v. COLUMBIA-KNICKERBOCKER TRUST CO., Appellant. (No. 7008.) (Supreme Court, Appellate Division, First Department. April 9, 1915.) Appeal from Special Term, New York County. Action by Sadie Estelle Hoffman, administratrix of Charles R. Hoffman, deceased, and another, against the Columbia-Knickerbocker Trust Company. From a judgment for plaintiffs, on a decision after a trial at Special Term, defendant appeals. Affirmed. Julien T. Davies, Jr., of New York City, for appellant. Edward Stetson Griffing, of New York City, for respondents. HOTCHKISS, J. (dissenting). The action was for possession of the bonds, or, in default thereof, for the amount of the plaintiff's debt covered by the attachment. It is not clear to me that, under the circumstances, any possessory action would lie; but, if it would, when it appeared that possession could not be had, plaintiffs were entitled to no more than compensation for what they had lost. The respondent says in his brief, "The value of the security is immaterial," and this seems to have been the theory of the complaint, which contains no allegation of the value of the bonds, nor did the court make any finding of such value. Whether there is any presumption to be universally applied that an individual is prima facie solvent and able to pay his debts, or whether the rule is merely that, where a party urges as his defense the insolvency of another, it is incumbent on him to prove it (Walrod v. Ball, 9 Barb. 271, 272), need not be determined. A diligent search has failed to reveal any case where, in the absence of any evidence whatsoever, a plaintiff upon whom rests the burden to show loss arising out of a transaction incident to corporation bonds has been permitted to recover the par value of such bonds on a presumption of value only and without a particle of proof thereof. The record is full of evidence to show that the bonds were never treated by defendant as in fact worth anything like their par value, and defendant offered to prove the price at which the $200,000 of bonds finally remaining in its hands were sold at public auction after due advertisement; but plaintiffs' counsel said he raised no "question about that." The action seems to have been brought, tried, and decided on the theory that the value of the bonds lost to plaintiffs by reason of defendant's act was immaterial. This I think was error, because, if the defendant's total loan exceeded the value of all the bonds held by it as collateral, at any time, plaintiffs lost nothing by reason of defendant's surrender of a portion of those bonds from time to time as installments were paid on account of the loan. For the same lack of proof of value, plaintiffs failed to show any loss or damage by reason of the disposition of the remaining $200,000 in bonds. The judgment should be reversed, and a new trial granted. HOLLOWELL & WISE CO. v. HUNGERFORD et al. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by the Hollowell & Wise Company against J. Arthur Hungerford and others. No opinion. Judgment affirmed, with costs. HOLSTEIN v. STEEPLECHASE PARK CO. (two cases). (Supreme Court, Appellate Division, First Department. April 1, 1915.) Actions by Minnie Holstein and by Jacob Holstein against the Steeplechase Park Company. No opinions. Motions denied, with $10 costs. Orders filed. See, also, 151 N. Y. Supp. 1121. In re HOLZWORTH. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) In the matter of the final judicial settlement of the account of Sarah S. Holzworth, as executrix of the estate of William N. Slater, deceased. No opinion. Motion for leave to appeal to the Court of Appeals denied, as leave is unnecessary. Motion for injunction denied. See, also, 151 N. Y. Supp. 1075. HOSMER, Sheriff, et al. v. AGRICULTURAL INS. CO. (No. 7031.) (Supreme Court, Appellate Division, First Department. March Appeal from Special Term, New 26, 1915.) York County. Action by Charles C. Hosmer, Sheriff, and another, against the Agricultural Insurance Company. From an order denying motion to vacate an order for examination before trial of a witness not a party to the action, defendant appeals. Reversed. Leo Levy, of New York City, for appellant. Edward B. Boise, of New York City, for respondents. surance Co., 152 N. Y. Supp. 272, decided herewith, the order appealed from will be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs. HOWE v. GUBITZ et al. (Supreme Court, Appellate Division, Second Department. April 16, 1915.) Action by John I. Howe, Jr., against Gustav A. Gubitz and others. No opinion. Order affirmed, with $10 costs and disbursements. See, also, 152 N. Y. Supp. 1118. HOWE v. GUBITZ et al. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action, by John I. Howe, Jr.. against Gustav A. Gubitz and others. No opinion. Motion for stay granted, on condition that defendants perfect the appeal, place the case on the calendar for April 5, 1915, and be ready for argument when reached; otherwise. motion denied, with $10 costs. See, also, 152 N. Y. Supp. 1118. HOYT, Respondent, v. DICK et al., Appellants. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by Orson C. Hoyt against Evans R. Dick and others. D. H. Miller, of New York City, for appellants. B. L. Marks, of New York City. for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. In re HUBER'S WILL. (Supreme Court, Appellate Division, Second Department. April 16, 1915.) In the matter of the probate of the last will and testament of Emilie Huber, deceased. PER CURIAM. Decree and orders of the Surrogate's Court of Kings County affirmed, with costs. BURR, J., not voting. HUESTED, Respondent, v. RICHMOND LIGHT & R. CO., Appellant. (Supreme Court. Appellate Division, Second Department. Marc 5, 1915.) Action by Edward L. Huested, as administrator, etc., of Orel Huested, deceased, against the Richmond Light & Railroad Conpany. No opinion. Judgment and order unanimously affirmed, with costs. See, also, 111 N. Y. Supp. 1124, 156 App. Div. 918. HUGUENOT TRUST CO. v. IRELAND. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by the Huguenot Trust Company against Robert D. Ireland. PER CURIAM. Motion granted, so far as the hearing and decision by this court of the to stay the enforcement of the judgment until appeal from the order denying the motion to open the default herein, on condition that the appeal be brought on for argument on April 9 N. Y. Supp. 1118, 1119. See, also, 12 1915. Settle order on notice. HUGUENOT TRUST CO. v. IRELAND. PER CURIAM. For the reasons stated in (Supreme Court, Appellate Division, First De Harburger, as Sheriff, v. Westchester Fire In-partment. March 19, 1915.) Action by the Huguenot Trust Company against Robert D., in the state of Texas, and that applicant has Ireland. No opinion. Motion denied. Settle practiced law therein for five years. This eviorder on notice. See, also, 152 N. Y. Supp. 1118, 1119. HUGUENOT TRUST CO., Respondent, v. IRELAND, Appellant, et al. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by the Huguenot Trust Company against Robert D. Ireland, impleaded with others. A. J. Ernest, of New York City, for appellant. M. M. Schlesinger, of New York City, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. Order filed. See, also, 152 N. Y. Supp. 1118, 1119. HUGUENOT TRUST CO. v. IRELAND et al. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by the Huguenot Trust Company against Robert D. Ireland, impleaded with others. No opinion. Motion to dismiss appeal denied, with $10 costs. Order filed. See, also, 152 N. Y. Supp. 1118, 1119. HULL v. FIFTY-SECOND ST. STORAGE HOUSE, Inc., et al. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by Lawrence Hull, as trustee in bankruptcy, etc., against the Fifty-Second Street Storage House, Incorporated, and others. No opinion. Motion for resettlement of the order of the Special Term of February 24, 1915, stayed until the hearing and determination of the appeal herein, without costs. See, also, 152 N. Y. Supp. 363. HULSE, Respondent, v. SMITH, Appellant. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by Wells Hulse against Clarence L. Smith. No opinion. Judgment affirmed, without costs. HUMPHREYS, Respondent, v. MARINE BASIN CO., Appellant. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by George Humphreys against the Marine Basin Company. No opinion. Application denied, with $10 costs. dence should be by a certificate from a judge of said court. See rule 2 of the Court of Appeals (26 N. E. iv), and rule 1 of the General Rules of Practice. JACOBSON V. JACOBSON. (Supreme Court, Appellate Division, First Department. April 1, 1915.) Action by Anna Jacobson against Ignatz Jacobson, in which Max Brown appeals. M. Brown, of New York City, for appellant. R. Tally, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 85 Misc. Rep. 253, 148 N. Y. Supp. 341; 150 N. Y. Supp. 1091; 152 N. Y. Supp. 1119. HURLBUT et al. v. STELLE et al. JACOBSON (two cases). (Su- (Supreme Court, Appellate Division, First Depreme Court, Appellate Division, First Depart-partment. April 16, 1915.) Action by Anna ment. April 30, 1915.) Action by Margaret H. Jacobson against Ignatz Jacobson, in which Hurlbut and others against Lida K. Stelle and Max Brown appeals. No opinion. Motion to others, impleaded with Harry Wiggins. No dismiss appeal granted, with $10 costs. opinion. Motion to dismiss appeal granted, with filed. See, also, 152 N. Y. Supp. 1119. Order $10 costs, unless appellant comply with terms stated in order. Order filed. JACOBSON V. JACOBSON v. WOLTHAUSEN. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Lazar Jacobson against John R. Wolthausen. No opinion. Motion granted, with $10 costs. Order filed. JAFFE, Respondent, v. KRAKOWER et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Charles Jaffe against Tobias Krakower and another. No opinion. Application denied, with $10 costs. JAMES ROY CO., Respondent, v. ROY | JOHNSTON, Respondent, v. JOHNSTON, In re JENSEN. (Supreme Court, Appellate KELLOGG, J., not sitting. JOHN CLARKE ESTATE, Appellant, v. In re JOHNSON. (Supreme Court, Appel- In re JOHNSON. (Supreme Court, Appel- JOHNSON, Respondent, v. HAY FOUNDRY JOHNSON, Respondent, v. JOHNSON, Ap- Second Department. April 9, 1915.) Action by Kate Q. Johnson against James F. Johnson. PER CURIAM. Judgment modified, by Appellant. (Supreme Court, Appellate D JONES, Respondent, v. NATIONAL SURE- JONES v. STANDARD PLUNGER ELEVA TOR CO. (Supreme Court, Appellate Divisie. JOSEPH, Appellant, v. GUERNSEY, R- In re JOSEPHSON. (Supreme Court, Apper In re JULIUS BIEN CO. (Supreme Court In re KAMMERLOHR. KARIBE, Appellant, v. EARLE, Respond of New York City, for appellant. C. C. Sur PER CURIAM. Order affirmed. Order fled JOHNSTON, Respondent, v. JOHNSTON, KAUFMAN, Respondent, v. GANTZ, Appellant. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by Gerard Kaufman against George F. Gantz. J. W. Remer, of New York City, for appellant. J. A. Jacobs, of New York City, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion granted to the extent of requiring plaintiff to serve an amended complaint, wherein he shall set forth what city ordinances it is claimed the defendant has violated or disregarded. Order filed. KAYNER, Appellant, v. BROWN, Respondent. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by C. Adell Kayner against Elmer L. Brown, as Superintendent of Highways, etc. No opinion. Judgment affirmed with costs. See, also, 152 N. Y. Supp. 936. KEIL, Respondent, v. KAUFMAN, Appellant. (Supreme Court, Appellate Division, First Department. May 7, 1915.) Action by George Keil, an infant, etc., against Benjamin H. Kaufman. H. K. Heyman, of New York City, for appellant. A. Sonnenthal, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. KELDERHOUSE, Respondent, v. McGARRY et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. March 17, 1915.) Action by Herbert Kelderhouse against John V. McGarry and another. No opinion. Judgment aflirmed, with costs. KEMP v. LAWSON. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Peter G. Kemp against Samuel Lawson, Sr. No opinion. Motion granted, with $10 costs. Order filed. In re KENNARD. (Supreme Court, Appellate Division, First Department. April 30, 1915.) In the matter of Arthur C. Kennard, deceased. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. KIELBERT CONST. CO., Appellant, v. FREY et al., Respondents. (Supreme Court, Appellate Division, First Department. April Company against Edward Frey and others. G. 9, 1915.) Action by the Kielbert Construction W. Minor, of New York City, for appellant. L. O. Van Doren, of New York City, for respondents. No opinion. Order, so far as appealed from, affirmed, with $10 costs and disbursements, with leave to plaintiff to withdraw demurrer and to reply, on payment of costs in this court and in the court below. Settle order on notice. KING v. BROADHURST. (Supreme Court, Appellate Division, First Department. April 1, 1915.) Action by William H. King against George H. Broadhurst. N. Vidaver, of New York City, for plaintiff. J. H. Hazelton, of New York City, for defendant. No opinion. Order affirmed. Order filed. See, also, 164 App. Div. 689, 150 N. Y. Supp. 376. KING, Appellant, v. CHAPIN, Respondent. (Supreme Court, Appellate Division, First DeKELLOGG, Respondent, v. SCHMITZ, Appartment. April 30, 1915.) Action by William pellant. (Supreme Court, Appellate Division, II. King against Nathaniel D. Chapin. A. B. First Department. April 30, 1915.) Action by Cruikshank, of New York City, for appellant. Robert B. Kellogg against Val M. Schmitz. J. A. Stickney, of New York City, for respondent. S. McDonogh, of New York City, for appellant. No opinion. Judgment and order affirmed, with G. Tisne, of New York City, for respondent. No costs. Order filed. opinion. Order affirmed, with $10 costs and disbursements. Order filed. KELLY, Respondent, v. BARON STEUBEN CO-OPERATIVE FIRE INS. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by George Kelly against the Baron Steuben Cooperative Fire Insurance Company. No opinion. Judgment and order affirmed, with costs. KELLY, Appellant, v. WILLSEA WORKS, respondent. (Supreme Court, Appellate Division, Fourth Department. March 26, 1915.) Action by John L. Kelly against the Willsea Works. No opinion. Judgment and order affirmed, with costs. KINSELLA, Respondent, V. KINSELLA UNITED PROPERTIES CO., Appellant (two cases). (Supreme Court, Appellate Division, First Department. March 19, 1915.) Actions by Clinton W. Kinsella against the Kinsella United Properties Company. J. W. Welsh, of New York City, for appellant. L. E. Ginn, of New York City, for respondent. No opinion. Orders affirmed, with $10 costs and disbursements. Orders filed. KIZIS v. BROOKLYN HEIGHTS R. CO. In re RUGER. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by Joseph Kizis against the Brooklyn Heights Railroad Company. In the matter of Adolph Ruger. No opinion. Order affirmed, with $10 costs and disbursements. (Su KELSEY SMITH & CO. v. DOUGLAS et al. (Supreme Court, Appellate Division, Second Department. March 26, 1915.) Action by KLAPPERT v. ETTAR REALTY CO. Kelsey Smith & Co. against William H. Doug-preme Court, Appellate Division, First Departlas and others. No opinion. Motion denied in all respects without costs. Leave to appeal (from 151 N. Y. Supp. 549) to the Court of Appeals is unnecessary. 152 N.Y.S.-71 ment. April 16, 1915.) Action by Emil W. |