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the Eastern Embroidery Works against Samuel Reitman and others, with two other cases. No opinion. Application denied, with $10 costs. EAST 46TH STREET MILLINERY CO. v. ANDERSON AUCTION CO. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by the East 46th Street Millinery Company against the Anderson Auction Company. No opinion. Application denied, with $10 costs. Order signed.

EDGAR, Appellant, v. FISH, Respondent. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by Maxwell Edgar against Stuyvesant Fish. D. J. Dowling, of New York City, for appellant. H. Taylor, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. See, also, 150 N. Y. Supp. 1084.

ELECTRIC STORAGE BATTERY CO., Respondent, v. MASON-SEAMAN TRANSP. CO., Appellant. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by the Electric Storage Battery Company against the Mason-Seaman Transportation Company. W. L. Woodward, of New York City, for appellant. J. H. Shaffer, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

EMERY v. LANGEVIN et al. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Action by William N. Emery against William Paschal Langevin and another. No opinion. Motion to dismiss appeal denied, on condition that appellant perfect his appeal, place the case on the January calendar, 1915, and be ready for argument when reached; otherwise, motion granted, with costs.

reduced, however, by the amount of $9,129.78, which had been voluntarily relinquished by the plaintiff appellant. As so modified, the judgment is affirmed, with costs to the plaintiff appellant. This modification of the judgment requires a reversal of several findings of fact made in favor of the defendant appellants, and the finding by this court of several requests to find facts and conclusions of law. The order making such reversals and new findings should be settled on notice. Settle order on notice before Mr. Justice CARR.

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ERNST, Appellant, v. TERMINAL CLEARING HOUSE ASS'N, Respondent. (Supreme February 19, 1915.) Action by Irving L. Ernst, Court, Appellate Division, First Department. In re EMMET. In re EMPIRE STATE as trustee, etc., against the Terminal Clearing SURETY CO. (Supreme Court, Appellate Di-House Association. H. A. Heiser, of New York vision, First Department. January 15, 1915.) York City, for respondent. City, for appellant. C. E. Thorn, of New In the matter of William T. Emmet, superintendent, etc. In the matter of the Empire State Surety Company. No opinion. Motions granted. Settle orders on notice. See, also, 150 N. Y. Supp. 567.

EMPIRE TRUST CO. v. COLEMAN et al. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Action by the Empire Trust Company against Charles W. Coleman, as executor and trustee, etc., of Charles Donohue, deceased, and others.

PER CURIAM. As to the question of interest upon the three separate mortgages involved in this action, we think the subject-matter is covered by the decision of the United States Supreme Court in Brown v. Marion National Bank, 18 Sup. Ct. 390, 169 U. S. 416, 42 L. Ed. 801, and that the judgment below (85 Misc. Rep. 312, 147 N. Y. Supp. 740) should be so modified as to provide interest at the legal rate of 6 per cent. on all three mortgages from the date of the beginning of this action, viz., June 24, 1913; the principal sum to be

PER CURIAM. Judgment (86 Misc. Rep. 295, 149 N. Y. Supp. 181) affirmed, with costs. Order filed.

INGRAHAM, P. J., and McLAUGHLIN, J.,

dissent.

ETTLINGER v. KRAMER et al. (Supreme Court, Appellate Division, First Department. Action by Elsie H. EttFebruary 26, 1915.) linger against Albert J. Kramer and others. complies with terms stated in order. No opinion. Motion granted, unless appellant Order filed. See, also, 159 App. Div. 907, 144 N. Y. Supp. 1115.

FAIRCHILD v. SCARSDALE ESTATES et al. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Action by Josephine M. Fairchild against the Scarsdale Estates and others. No opinion. Order modified, by providing that the deposition be printed as an appendix to the case, if ap

pellants prefer, and, as so modified, affirmed, without costs. See, also, 150 N. Y. Supp. 1085; 151 N. Y. Supp. 1042.

In re FARLEY, State Excise Com'r. (Supreme Court, Appellate Division, Second Department. January 15, 1915.) In the matter of the petition of William W. Farley, as State Commissioner of Excise, for an order revoking and canceling liquor tax certificate No. 8325, issued to Charles J. Volckening. No opinion. Order affirmed, with $10 costs and disbursements.

ary 15, 1915.) Action by William Farnum against William H. Harrison. No opinion. Application granted. Order signed. See, also, 83 Misc. Rep. 424, 145 N. Y. Supp. 36.

FAY, Respondent, v. BUFFALO VOLKEFREUND PRINTING CO., Appellant. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by James Fay against_the_Buffalo Volkefreund Printing Company. W. C. Carroll, of Buffalo, for appellant. B. Cowen, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

In re FARLEY, State Excise Com'r. (Supreme Court, Appellate Division, Fourth De- CO., Appellant. (Supreme Court, Appellate DiFAY, Respondent, v. TRI-STATES PUB. partment. January 27, 1915.) In the matter vision, First Department. February 11, 1915.) of the petition of William W. Farley, as Com- Action by James Fay against the Tri-States missioner of Excise of the state of New York, Publishing Company. for an order revoking and canceling liquor tax York City, for appellant. A. R. Latson, of New G. H. D. Foster, certificate No. 16126, issued to Peter Jan- of New York City, for respondent. No opinhiewicz. No opinion. Appeal dismissed, with-ion. Order affirmed, with $10 costs and disout costs, upon stipulation filed. bursements. Order filed.

In re FARLEY, State Excise Com'r. (Su- FEDERMAN, Appellant, v. RIEGER, Repreme Court, Appellate Division, Second Despondent. (Supreme Court, Appellate Division, partment. February 19, 1915.) In the mat-Second Department. February 19, 1915.) Acter of the petition of William W. Farley, as tion by Philip Federman against Carl Rieger. State Commissioner of Excise, for an order revoking and canceling liquor tax certificate No. 6510, issued to John Darmstadt.

PER CURIAM. Order affirmed, with $10 costs and disbursements.

RICH, J., not sitting.

In re FARLEY, State Excise Com'r. (Supreme Court, Appellate Division, Fourth Department. March 3. 1915.) In the matter of the petition of William W. Farley, as State Commissioner of Excise, for an order revoking and canceling liquor tax certificate No. 16410, issued to Charles Marshall and transferred to Arthur Helmer. No opinion. Appeal dismissed, unless appellant file and serve printed papers within 20 days.

In re FARLEY, State Excise Com'r. (Supreme Court, Appellate Division, Third Department. March 3, 1915.) In the matter of the petition of William W. Farley, as State Commissioner of Excise, for an order revoking and canceling liquor tax certificate No. 23482, issued to Louisa Hill.

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PER CURIAM. Judgment modified, by adding at the foot thereof a provision directing that there be credited and applied thereon all moneys paid on the judgment in Lo Re v. Federman, 151 N. Y. Supp. 1127, decided herewith, as stated in the conclusion of law at folios 290 and 291 of the record on appeal, and, as so modified, judgment affirmed, without costs.

FENSTERER v. PRESSURE LIGHTING CO. (Supreme Court, Appellate Division, First Department. February 19, 1915.) Action by Walter J. Fensterer against the Pressure Lighting Company. No opinion. Application denied, with $10 costs. Order signed. See, also, 85 Misc. Rep. 621, 149 N. Y. Supp. 49.

FINNIE, Respondent, V. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Bridget E. Finnie, as administratrix, etc., against the New York Central & Hudson River Railroad Company. No opinion. Judgment and order affirmed, with costs.

FISCHEL v. FRIEDLANDER. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by Alexander Fischel against Mayer Friedlander. No opinion. Motion granted, unless appellant complies with terms stated in order. Order filed.

FISH, Appellant, v. ISELIN, Respondent. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by J. Albert Fish against Adrian Iselin, Jr. H. W. Hayward, of New York City, for appellant. J. W. Tobey, of New York City, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion granted. with $10 costs. Order filed.

FISHER v. NEW YORK, N. H. & H. R. CO. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by Elizabeth Fisher, as executrix, against the New York, New Haven & Hartford Railroad Company. No opinion. Application denied, with $10 costs. Order filed.

FISHMAN V. BAUMSTEIN. (Supreme

Court, Appellate Division, First Department. January 15, 1915.) Action by Isaac Fishman against William Baumstein. No opinion. Application granted. Order signed. See, also, 150 N. Y. Supp. 101.

FLANAGAN et al., Respondents, v. THOMAS, Appellant. (Supreme Court, Appellate Division, Second Department. January 29, 1915.) Action by James Flanagan and another against Egbert E. Thomas.

PER CURIAM. Judgment for specific performance affirmed, with costs. The learned Special Term has found that the judgment in foreclosure in the action of the Columbus Trust Company against the heirs at law of Lula P. McGarry and others is conclusive upon all the parties thereto, and barred the equity of redemption. This conclusion is well sustained by the judgment roll, and by the evidence aliunde from the Surrogate's Court of Orange county. That record of letters of administration on the estate of Lula P. McGarry to a creditor as administrator is followed by the administrator's subsequent receipt of the surplus money in this foreclosure, and its distribution among the deceased's creditors. As proof of death there was, therefore, the inference from the exact identity of names (16 Cyc. 1055), confirmed by the deceased being described as in the town of New Windsor, where the mortgaged land was situated, together with the surrogate's subsequent disposition of the proceeds of this mortgaged property. The other objections to dispensing with notice of the application for the appointment of a guardian for the unknown heirs, and to the form of the order of reference, do not affect the judgment, and are therefore unavailable to this defendant.

FOGEL, Respondent v. NEW YORK RYS. CO., Appellant. (Supreme Court, Appellate Division, First Department. February 5, 1915.) Action by Jacob Fogel against the New York Railways Company. J. P. Brennan, of New York City, for appellant. A. Hutter, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.

FOLLERT v. ERIKSON et al. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Action by Anton Follert, as administrator, etc., against John Erikson and the City of New York. No opinion. Judgment and order unanimously affirmed, with costs. See, also, 156 App. Div. 372, 141 N. Y. Supp. 428.

FRANK, Respondent, v. FRANK, Appellant. (Supreme Court, Appellate Division, Sec

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FRUEAUFF et al., Respondents, v. MOORE et al., Appellants. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Charles A. Frueauff and another against George Moore and another. P. Bonynge, of New York City, for appellants. W. B. Robinson, of New York City, for respondents. No opinion. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, on Pace v. Amend, 164 App. Div. 206, 149 N. Y. Supp. 736. Order filed.

FULTON, Respondent, V. RICHMOND COUNTY SOCIETY FOR PREVENTION OF CRUELTY TO CHILDREN, Appellant, et al. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Action by Edward J. Fulton against the Richmond County Society for the Prevention of Cruelty to Children, impleaded with others.

PER CURIAM. Motion for leave to appeal to the Court of Appeals granted, question certified, and order signed.

JENKS, P. J., takes no part.

In re FURLONG. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) In the matter of the application of Henry J. Furlong for reinstatement as a mem

ber of the bar. No opinion. Matter referred | to Hon. William D. Dickey, official referee, for action and report to this court; and the offer of the Bar Association is submitted to him for such action thereon as he deems proper.

GABEL, Respondent, v. HASTINGS HOMES CO., Appellant. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Action by George Gabel against the Hastings Homes Company. No opinion. Judgment affirmed, with costs. See, also, 151 N. Y. Supp. 1117.

GABEL, Respondent, v. HASTINGS HOMES CO., Appellant. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Action by George Gabel against the Hastings Homes Company. No opinion. Order affirmed, with $10 costs and disbursements. See, also, 161 App. Div. 889, 145 N. Y. Supp. 1124; 151 N. Y. Supp. 1117.

GAFFNEY, Appellant, v. CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division, Second Department. January 29, 1915.) Action by Rose A. Gaffney against the City of New York.

PER CURIAM. Judgment reversed, and new trial granted, costs to abide the event, upon the ground that plaintiff's evidence presented a question of fact, which required submission of the case to the jury.

JENKS, P. J., and STAPLETON, J., dissent.

Court, Appellate Division, Second Department. January 22, 1915.) Action by Mary J. Gardner against the New York Consolidated Card Company. No opinion. Judgment affirmed, with costs.

GARRICOTT, Respondent, v. NEW YORK STATE RYS., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) New York State Railways. Action by Sam Garricott against the

PER CURIAM. Judgment and order affirmed, with costs.

KRUSE, P. J., dissents, upon the ground that the court erred in charging the jury as matter of law that the defendant was guilty of an assault.

GEIGER, Respondent, v. NEW YORK TELEPHONE CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Charles Geiger against the New York Telephone Company. No opinion. Judgment affirmed, with costs.

GEORGE, Appellant, v. JOHNSON et al., Respondents. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Action by Mary E. George, individually and as executrix, etc., against Margaret J. Johnson, individually and as administratrix, etc., and othNo opinion. Motion for leave to appeal (from 149 N. Y. Supp. 1083) to the Court of Appeals denied.

ers.

GEORGE v. MURRAY.

GAGE, Respondent, v. GAGE, Appellant. (Supreme Court, Appellate Division, Second (Supreme Court, Department. JanuFebruary 5, 1915.) Action by Appellate Division, First Department. Action by Lennie L. George Jennie Gage against James B. Gage. No opin-ary 15, 1915.) No opinion, Apion. Order affirmed, with $10 costs and dis- against William R. Murray. Order signplication denied, with $10 costs. ed. See, also, 149 N. Y. Supp. 503, 87 Misc. Rep. 175.

bursements.

GALE v. CORTLAND COUNTY TRACTION CO. et al. (Supreme Court, Appellate Division, Third Department. January 6, 1915.) Action by Cora D. Gale, as administratrix, etc., of Harry Gale, deceased, against the Cortland County Traction Company and another. No opinion. Motion denied. See, also, 149 N. Y. Supp. 1083.

GALLAGAN, Respondent, v. PITTSBURG CONTRACTING CO., Appellant. (Supreme Court, Appellate Division, Second Department. February 19, 1915.) Action by Patrick Gallagan, as administrator, etc., of John Gallagan, deceased, against the Pittsburg Contracting Company.

PER CURIAM. Motions denied.
PUTNAM, J., not voting.

GALLAGHER v. BRUNNER. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by Joseph Gallagher against Jane L. Brunner. No opinion. Motion granted, with 10 costs. Order filed.

GARDNER, Appellant, V. NEW YORK CONSOL. CARD CO., Respondent. (Supreme

GEORGE W. PECK CO. v. HAGAMAN et

al. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by the George W. Peck Company against Theodore C. Hagaman and others. No opinion. Appeal dismissed, without costs, upon stipulation filed.

GERBER V. STATE BANK. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by Gustav Gerber against the State Bank. No opinion. ApplicaOrder signed. tion granted.

GERBINO v. GREENHUT-SIEGEL COOPER CO. (Supreme Court, Appellate Division, AcFirst Department. February 11, 1915.) tion by Charles Gerbino against the GreenhutSiegel Cooper Company. No opinion. Motion granted. Order filed. See, also, 151 N. Y. Supp. 1117.

GERBINO v. GREENHUT-SIEGEL COOPER CO. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Charles Gerbino against the Greenhut

Siegel Cooper Company. No opinion. Motion for stay granted. Settle order on notice. See, also, 151 N. Y. Supp. 1117.

In re GIBSON. (Supreme Court, Appellate Division, First Department. January 29, 1915.) In the matter of William Gibson, deceased. No opinion. Motion granted. Question certified. Order filed. See, also, 151 N. Y. Supp. 459.

GILLETT, Appellant, v. BRISCOE & LOCK ENGINEERING CO., Respondent. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by Charles W. Gillett against the Briscoe & Lock Engineering Company. D. C. Muhleman, of New York City, for appellant. F. H. Mills, of New York City, for respondent. No opinion. Order reversed with $10 costs and disbursements, and motion denied, without costs, on the ground that the bill of particulars served pending the motion is sufficient. Order filed.

GIMBERNAT, Respondent, v. GIMBERNAT, Appellant. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by Ruth M. Gimbernat against Jules R. Gimbernat. P. Carpenter, of New York City, for appellant. L. Ogust, of New York City, for respondent. No opinion. Order modified, as stated in order, and, as modified, affirmed, without costs. Order filed.

GINSBERG v. TRIANGLE WAIST CO. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by Henrietta Ginsberg against the Triangle Waist Company. No opinion. Motion granted, with $10 costs. Order filed.

GINSBERG v. TRIANGLE WAIST CO. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by Isidor Ginsberg against the Triangle Waist Company. No opinion. Motion granted, with $10 costs. Order filed.

GLOBE WOOLEN CO., Appellant, v. UTICA GAS & ELECTRIC CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by the Globe Woolen Company against the Utica Gas & Electric Company.

PER CURIAM. It appearing that the justices qualified to sit in this appeal are equally divided and unable to render a decision herein, the appeal is transferred to the Appellate Division, Third Department, to be there heard and determined, pursuant to section 231 of the Code of Civil Procedure. See, also, 151 App. Div. 184, 136 N. Y. Supp. 24; 151 N. Y. Supp. 1118. MERRELL, J., not sitting.

GLOBE WOOLEN CO. v. UTICA GAS & ELECTRIC CO. (Supreme Court, Appellate Division, Third Department. March 3, 1915.) Action by the Globe Woolen Company against the Utica Gas & Electric Company. No opinion. Motion granted. See, also, 151 N. Y. Supp. 1118.

GLOVER v. NATIONAL BANK OF COMMERCE. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by Laura Glover against the National Bank of Commerce. No opinion. Motion for extension of time granted, on condition that papers are filed and case ready for argument on March 16th. Settle order on notice. See, also, 156 App. Div. 247, 141 N. Y. Supp. 409.

GODDARD, Respondent, v. BIGELOW, Appellant. Second Department. (Supreme Court, Appellate Division, tion by Charles H. Goddard against Warren February 5, 1915.) AcBigelow.

action is stated, and in our opinion it is an action for assault, and not for trespass. Order affirmed, with $10 costs and disbursements.

PER CURIAM. We think but one cause of

GOODENOUGH v. WOOD HARMON WARRANTY CO. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by Elizabeth Goodenough against the Wood Harmon Warranty Company. No opinion. Motion denied, with $10 costs. Order filed. See, also, 150 N. Y. Supp. 1088.

spondents. (Supreme Court, Appellate Division, GOULD, Appellant, v. GOULD et al., ReFirst Department. January 15, 1915.) Action by George J. Gould against Howard Gould and another. R. B. Knowles, of New York City, for appellant. W. L. Marshall, of New York City, for respondents. No opinion. Order re versed, with $10 costs and disbursements, and motion denied, with $10 costs. Order filed.

GOURD v. HEALY. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Henry E. Gourd against Thomas Healy. No opinion. Motion denied, with $10 costs. Order filed. See, also, 150 N. Y. Supp. 1006.

GRAEF et al., Respondents, v. TRUMBULL MOTOR CAR CO., Appellant. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by Ernest W. Car Company. J. A. Gray, of New York City, Graef and another against the Trumbull Motor for appellant. A. B. Hano, of New York City, for respondents. No opinion. Order modified, by reducing attachment to $3,500, and, as so modified, affirmed, without costs. Settle order on notice.

In re GRADE CROSSING COM'RS OF CITY OF BUFFALO. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) In the matter of the application of the Grade Crossing Commissioners of the City of Buffalo for the appointment of commissioners to ascertain the compensation to be paid to the owners, etc., of lands claimed to be injured by change of grade, etc., and claimed to be owned by Lila G. Dwyer and others. Proceeding No. 99. No opinion. Order affirmed, with costs.

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