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In re GRADE CROSSING COM'RS OF | 1915.) In the matter of the application of the CITY OF BUFFALO. (Supreme Court, Appel- Grade Crossing Commissioners of the City of late Division, Fourth Department. January 20, Buffalo for the appointment of commissioners of 1915.) In the matter of the application of the appraisal to ascertain the compensation to be Grade Crossing Commissioners of the City of paid to the owners of lands claimed to be inBuffalo for the appointment of commissioners jured by the change of grade of East Delevan of appraisal to ascertain the compensation to avenue, etc., and claimed to be owned by Frank be paid to the owners of and parties interested | V. E. Bardol et al. Proceeding No. 104. in lands claimed to be injured by the change PER CURIAM. Motion granted, allowing of grade of Ferry street, etc., and claimed to be claimant Barber Asphalt Company to add to owned by Peter Hof et al. Proceeding No. 98. the record on appeal certain resolutions of the

PER CURIAM. Motion granted, allowing common council of the city of Buffalo as to claimant United States Cast Iron Pipe & Delevan avenue, and certificate of recording of Foundry Company and claimants Reeb and Neu- same by the city clerk of Buffalo. becker to add to the record on appeal certain resolutions of the common council of the city GRANAT v. MENDETZ et al. (Supreme of Buffalo as to Ferry street, French street, and Court, Appellate Division, First Department. Box avenue, and certificates of recording of January 29, 1915.) Action by Jacob Granat same by the city clerk of Buffalo. See, also, against Harry J. Mendetz and others. No opin*151 N. Y. Supp. 1119.

ion. Application denied, with $10 costs. Or

der signed. See, also, 150 N. Y. Supp. 438. In re GRADE CROSSING COM’RS OF CITY OF BUFFALO. (Supreme Court, Appel In re GRANEY. (Supreme Court, Appellate late Division, Fourth Department. January 27, Division, Fourth Department, March 3, 1915.) 1915.) In the matter of the application of the In the matter of the removal of Daniel Graney Grade Crossing Commissioners of the City of from the office of Justice of the Peace of the Buffalo for the appointment of commissioners town of Brant, Erie county, N. Y. No opinion. to ascertain the compensation to be paid to Proceeding dismissed upon the filing of certifithe owners of and parties interested in lands cate of the town clerk, certifying that said claimed to be injured by change of grade of Graney has filed his resignation as such justice Ferry street, etc., and claimed to be owned by of the peace. Peter Hof et al. (Proceeding No. 98).

PER CURIAM. Motion granted, allowing claimant Otis Elevator Company to add to the Division, First Department. January 29, 1915.)

In re GRANT. (Supreme Court, Appellate record on appeal certain resolutions of the

In the matter of Frederick Dent Grant, decommon council of the city of Buffalo as to ceased. No opinion. Order affirmed, with costs. Ferry street, French street, and Box avenue, Order filed. See, also, 83 Misc. Rep. 257, 144 and certificates of recording of same by, the N. Y. Supp. 567. city clerk of Buffalo. See, also, 151 N. Y. Supp. 1119.

GREGSON, Respondent, v. INTERNATIONIn re GRADE CROSSING COM’RS OF Court, Appellate Division, Fourth Department.

AL RY. CÓ et al., Appellants. (Supreme CITY OF BUFFALO (Supreme Court, Appel. January 27, 1915.) Action by Arthur Gregson late Division, Fourth Department. January 29, 1915.) In the matter of the

application of the against the International Railway Company

and another. Grade Crossing Commissioners of the City of Buffalo for the appointment of commissioners

PER CURIAM. Judgment and order afof appraisal, etc., in the matter of lands claimed firmed, with costs. to be owned by the Barber Asphalt Paving FOOTE, J., dissents. Company et al. (Proceeding No. 97). No opin. ion. Motion for leave to appeal (from 151 N. Y. GRIFFIN, Appellant, V. ARMSTED, ReSupp. 146) to Court of Appeals granted, and spondent. (Supreme Court, Appellate Division, questions for review certified.

Fourth Department. January 13, 1915.) AC

tion by John Griffin against Charles H. ArmIn re GRADE CROSSING COM'RS OF sted. No opinion. Order affirmed, with $10 CITY OF BUFFALO. (Supreme Court, Ap-costs and disbursements. See, also, 162 App. pellate Division, Fourth Department. January Div. 936, 147 N. Y. Supp. 1114. 29, 1915.) In the matter of the application of the Grade Crossing Commissioners of the City GRIFFIN v. WHEATON. (Supreme Court, of Buffalo for the appointment of commission. Appellate Division, Third Department. Januers of appraisal to ascertain the compensation, ary 15, 1915.) Action by George Griffin against etc., in the matter of lands claimed to be owned | Armond E. Wheaton. No opinion. Motion de by the George Urban Milling Company et al. nied. See, also, 149 N. Y. Supp. 1118. (Proceeding No. 101). No opinion. Motion for leave to appeal to Court of Appeals granted, GRIFFITH, Respondent, v. CUPPLES, Apand questions for review, certified. See, also, pellant. (Supreme Court, Appellate Division, 164 App. Div. 968, 149 N. Y. Supp. 1085. Second Department. February 26, 1915.) Ac

tion by Anna J. Griffith, as administratrix, etc., In re GRADE CROSSING COM’RS OF of William Richards Griffith, deceased, against CITY OF BUFFALO. (Supreme Court, Appel- Victor William Cupples. No opinion. Judglate Division. Fourth Department. January 29, 'ment and order unanimously affirmed, with costs.

GUIRIZINSKI, Appellant, v. AMERICAN ministratrix, etc., against the Wickwire Steel RADIATOR CO., Respondent. (Supreme Court, Company. No opinion. Judgment and order Appellate Division, Fourth Department. March affirmed with costs. 3, 1915.) Action by Bernhardt Guirizinski against the American Radiator Company, No opinion. Respondent precluded from being

HARRIS, Respondent, v. McCABE, Appelheard upon the appeal, unless its brief be filed Third Department. March 3, 1915.) Action by

lant. (Supreme Court, Appellate Division, and served by March 8th.

Benjamin A. Harris against Elizabeth McCabe.

No opinion. Judgment unanimously affirmed, GUITERMAN v. DIXON. (Supreme Court, with costs. Appellate Division, First Department. February 26, 1915.) Action by Herbert M. Guiterman against Laurens P. Dixon. No opinion.

HART v. CORT (two cases). (Supreme Court, Applications denied, with $10 costs. Orders Appellate Division, First Department. Janusigned.

ary 15, 1915.) Actions by Thomas R. Hart against John Cort. No opinion. Motions de

nied, with $10 costs. Order filed. See, also, GUTZMER, Respondent, V. PENNSYLVA- 151 'N. Y. Supp. 4. NIA R. CO., Appellant. _(Supreme Court, Appellate Division, Fourth Department. January 20, 1915.) Action by Louise Gutzmer, an in

HART, Respondent, v. McKEEVER, Appel

lant. fant, etc., against the Pennsylvania Railroad

(Supreme Court Appellate Division, Company. No opinion. Judgment and order Fourth Department. January 20, 1915.) Acaffirmed, with costs.

tion by Iva May Hart against William E. Mc

Keever. HAECKER v. WITTEMAN Co. (Supreme

PER CURIAM. Judgment and order af. Court, Appellate Division, Fourth Department. firmed, with costs. January 6, 1915.) Action by Julius Haecker LAMBERT, J., dissents. against the Witteman Company. No opinion. Appeal dismissed, without costs, upon stipula

HARTNETT, Respondent, V. BROTHERtion filed.

HOOD OF LOCOMOTIVE FIREMEN AND

ENGINEMEN, Appellant. (Supreme Court, HALGREN, Appellant, v. HALGREN, Re-Appellate Division, Third Department. March spondent. (Supreme Court, Appellate Division, 3, 1915.) Action by Bridget Hartnett against Second Department. February 5, 1915.) AC- the Brotherhood of Locomotive Firemen and tion by Charles C. Halgren against Florence Enginemen. No opinion. Judgment unanimousRosa Halgren. No opinion. Order affirmed, ly affirmed, with costs. with costs. See, also, 160 App. Div. 577, 145 N. Y. Supp. 987.

HATCH, Appellant, v. BUFFALO, L. & R.

R. CO., et al. Respondents. (Supreme Court, HALL, Appellant, v. GALBAN & CO., Re- Appellate Division, Fourth Department. March spondents. (Supreme Court, Appellate Division, 3, 1915.) Action by Eugene L. Hatch against First Department. January 15, 1915.) Action the Buffalo, Lockport & Rochester Railroad by Juseph P. Hall against Galban & Co. F. Company and another. No opinion. Appeal disStewart, of New York City, for appellant. M. missed, without costs, upon stipulation filed. G. Holstein, of New York City, for respondents. No opinion. Order modified, as directed in HATCH, Respondent, NEW YORK order, and, as modified, affirmed, with $10 costs STATE RYS., ROCHESTER LINES, Appeland disbursements to plaintiff. Order filed. See, lant, et al. (Supreme Court, Appellate Divialso, 148 N. Y. Supp. 517.

sion, Fourth Department. March 3, 1915.)

Action by Eugene L. Hatch against the New HALSTED V. SIMMONS. (Supreme Court, York State Railways, Rochester Lines, imAppellate Division, First Department. Febru- pleaded with others. No opinion. Appeal disary 11, 1915.) Action by Florence Halsted missed, without costs, upon stipulation filed. against Julia G. Simmons. No opinion. Motion to dismiss appeal granted, with $10 costs, HAYES, Appellant, v. AMERICAN BRIDGE unless appellant comply with terms stated in Co., Respondent. (Supreme Court, Appellate order. Order filed.

Division, First Department. February 26,

1915.) Action by George S. Hayes against the HARADON v. STANDARD OIL CO. (Su- American Bridge Company. R. M. Frink, of preme Court, Appellate Division, First Depart. New York City, for appellant. W. W. Corlett, ment. February 19, 1915.) Action by William of New York City, for respondent." No opin

ion. M. Haradon against the Standard Oil Com

Order affirmed, with $10 costs and dispany. No opinion. Application denied, with bursements. Order filed. $10 costs. Order signed.

HEINZER v. KLYBERG et al. (Supreme HARGRAVES, Respondent, v. WICKWIRE Court, Appellate Division, First Department. STEEL CO., Appellant. (Supreme Court, Ap- January 29, 1915.) Action by Frederick W. pellate Division, Fourth Department. January Heinzer against Bernard J. Klyberg and others. 20, 1915.) Action by Susan Hargraves, as ad- | No opinion. Application denied, with $10 costs.

v.

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Order signed. See, also, 87 Misc. Rep. 315, HITCHCOCK, Appellant, v. EARL, Re149 N. Y. Supp. 949.

spondent, et al. (Supreme Court, Appellate

Division, First Department. January 15, 1915.) HENDRIX AVE. REALTY CO., Appellant, Action by John F. Hitchcock against Edward V. PRENDERGAST, Comptroller, Respondent. Earl, impleaded with others. J. Nicolson, of (Supreme Court, Appellate Division, Second New York City, for appellant. S. Bacon, of Department. December 24, 1914.) Application New York City, for respondent. No opinion. of the Hendrix Avenue Realty Company for a Order affirmed, with $10 costs and disburseperemptory writ of mandamus against William ments. Order filed. A. Prendergast, Comptroller, etc. No opinion. Order affirmed, with $10 costs and dis

HITCHINGS et al., Appellants, V. NEW bursements.

YORK, B. & M. B. RY. CO. et al., Respond

ents. (Supreme Court, Appellate Division, SecIn re HENRY KUPFER & CO. (Supreme ond Department. December 24, 1914.) Action Court, Appellate Division, First Department. by Hector M. Hitchings and others against the December 24, 1914.) In the matter of Henry New York, Brooklyn & Manhattan Beach RailKupfer & Co. No opinion. Motion granted, to way Company and another. No opinion. Mothe extent stated in order. Order filed. See, tion for resettlement of order granted.

See, also, 150 N. Y. Supp. 1037.

also, 150 N. Y. Supp. 1090. HERTS, Respondent, V. KOBLER, Appel HOAGLAND, Appellant, v. DAY, Respondlant. (Supreme Court, Appellate Division, First ent. (Supreme Court, Appellate Division, SecDepartment. February 26, 1915.) Action by ond Department. January 15, 1915.) Action Edwin J. Herts against Regina Kobler. L. A. by Edward A. Hoagland, Jr., against Jason S. Tanzer, of New York City, for appellant. J. Day. No opinion. Order affirmed, with $10 Canter, of New York City, for respondent. No costs and disbursements. opinion. Order affirmed, with $10 costs and disbursements. Order filed.

HOFFMAN v. ST. JAMES BUILDING,

INC. (Supreme Court, Appellate Division, First In re HETFIELD. (Supreme Court, Appel- Department. February 19, 1915.) Action by late Division, Fourth Department. January 6, Felix Hoffman against the St. James Building, 1915.) In the matter of disbarment proceedings Incorporated. No opinion. Application denied, against Elbert V. Hetfield, an attorney at law. with $10 costs. Order signed. No opinion. Issues raised by the petition and answer referred to Adelbert Moot, of Buffalo, to

HOLSTEIN, Respondent, STEEPLE take the proofs thereon and return to this CHASE PARK CO.,, Appellant (two cases). court, with his opinion thereon.

Supreme Court, Appellate Division, First De

partment. February 5, 1915.) Actions by MinH. G. VOGEL CO., Appellant, v. GEORGE Company. S. D. Shwitzer, of New York City,

nie Holstein against the Steeplechase Park BÄCKER CONST. CO., Respondent. (Su- for appellant. G. H. Taylor, Jr., of New preme Court, Appellate Division, First Depart-York City, for respondent. No opinion. Judgment. January 29, 1915.) Action by the H. ments and orders affirmed, with costs. Orders G. Vogel Company against the George Backer filed. See, also, 151 N. Y. Supp. 1121. Construction Company. D. Bernstein, of New York City, for appellant. S. Levy, of New York City, for respondent. No opinion. Judg

HOLSTEIN V. STEEPLECHASE PARK ment affirmed, with costs. Order filed.

CO. (two cases). (Supreme Court, Appellate
Division, First Department. February 26,

1915.) Actions by Minnie Holstein and by HICKSON v. RIDDER. (Supreme Court, Jacob Holstein against the Steeplechase Park Appellate Division, First Department. Janu

Company. No opinion. Motions denied, with ary 15, 1915.) Action by Richard J. Hickson $10 costs. Orders filed. See, also, 151 'N. Y. against Joseph E. Ridder. No opinion. Appli- Supp. 1121. cation denied, with $10 costs. Order signed. See, also, 151' N. Y. Supp. 1121.

In re HORTON'S WILL. (Supreme Court,

Appellate Division, First Department. JanuHICKSON V. RIDDER. (Supreme Court,

ary 22, 1915.) In the matter of proving the Appellate Division, First Department. Janu

last will and testament of George W. Horton, ary 15, 1915.) Action by Richard J. Hickson deceased. No opinion. Motion to dismiss apagainst Joseph E. Ridder. No opinion. Motion peal denied on condition that appellant perfect denied, with $10 costs. Order filed. See, also, the appeal, place the case on the March_cal151 N. Y. Supp. 1121.

endar of 1915, and be ready for argument when

reached; otherwise, motion granted. See, also, HILL, Respondent, V. NATIONAL SKY- 150 N. Y. Supp. 1090. LIGHT & VENTILATOR CO., Appellant. (Supreme Court, Appellate Division, Fourth HOTALING, Respondent, v. JAMES STEWDepartment. January 6, 1915.). Action by | ART & CO., Inc., Appellant. (Supreme Court, Frank Hill against the National Skylight & Appellate Division, Third Department. JanuVentilator Company. No opinion. Judgment ary 15, 1915.) Action by John Hotaling and order affirmed with costs.

against James Stewart & Co., Incorporated. 151 N.Y.S.—71

No opinion. Motion denied. See, also, 151 In re INTERBOROUGH RAPID TRANSIT N. Y. Supp. 415.

CO. (WEBSTER AVE. LINE, WEST

FARMS SUBWAY CONNECTION). (SuHOUSE et al. v. CLAYTON. (Supreme

preme Court, Appellate Division, First Depart. Court, Appellate Division, First Department. the Interborough Rapid Transit Company

ment. February 11, 1915.) In the matter of February 26, 1915.) Action by Everett House and others against Frederick D. Clayton. No (Webster Avenue Line, West Farms Subway

Or

Connection). No opinion. opinion. Motion denied, with $10 costs.

Motion granted.

Settle order on notice. der filed. See, also, 150 N. Y. Supp. 1090.

See, also, 148 N. Y.

Supp. 1122.
In re HOWELL. (Supreme Court, Appellate
Division, Second Department. February 11,

In re INTERBOROUGH RAPID TRANSIT 1915.) in the matter of the petition of Lloyd Department. February 26, 1915.) In the mat

CO. (Supreme Court, Appellate Division, First M, Howell to enforce an attorney's lien. PER CURIAM. Motion for reargument of Transit Company.

ter of the application of the Interborough Rapid

No opinion. Application 150 N. Y. Supp. 1090) denied, without costs. granted. Settle order on notice. THOMAS, J., not voting.

INTERNATIONAL TEXT-BOOK CO., ApHUGHES V. HUGHES et al. (Supreme pellant, V. HOCKEBORN, Respondent. (SuCourt, Appellate Division, Second Department. preme Court, Appellate Division, Fourth DeJanuary 29, 1915.) Action by Mary B. Hughes partment. January 6, 1915.) Action by the against Grace N. Hughes and others. No opin- International Text-Book Company against Paul ion. Interlocutory judgment affirmed, with costs. F. Hockeborn. No opinion. Motion for leave

to appeal (from 150 N. Y. Supp. 1091) to Court

of Appeals granted. HULL V. FIFTY-SECOND ST. STORAGE HOUSE, Inc., et al. (Supreme Court, Appellate

INTERSTATE CHEMICAL CO., RespondDivision, Second Department. February 19,

ent, v. DUKE, Appellant. (Supreme Court, ap1915.) Action by Lawrence Hull, as trustee pellate Division, First Department. February in bankruptcy of Clarence E. Hopkins, against 26, 1915.) Action by the Interstate Chemical the Fifty-Second Street Storage House, In- Company against James B. Duke. C. F. Brown, corporated, and others.

of New York City, for appellant. J. C. TomlinPER CURIAM. Motion for stay granted. son, of New York City, for respondent. No Settle order before Mr. Justice CARR.

opinion. Order affirmed, with $10 costs and disPUTNAM, J., not voting. See, also, 150 N. bursements. Order filed. Y. Supp. 1090.

JACOBS V. DOYLE. (Supreme Court, ApH. W. CALDWELL & SON, Respondent, v. 29, 1915.) Action by Abraham Jacobs against

pellate Division, First Department. January KELLOGG et al., Appellants. (Supreme Court, David A. Doyle. No opinion. Application deAppellate Division, Fourth Department. Janu

Order signed. ary 6, 1915.) Action by H. W. Caldwell & Son vied, with $10 costs. against Spencer Kellogg and others. No opinion. Judgment and order affirmed, with costs

JACOBUS, Respondent, v. COLGATE, Ap

pellant. (in 151 N. Y. Supp. 1122).

(Supreme Court, Appellate Division, Second Department. January 8, 1915.) Action

by Clement S. Jacobus against William H. ColH. W. CALDWELL & SON CO., Respond- gate. No opinion. Motion for leave to appeal ent, y. SPENCER KELLOGG CO., Appellant, (from 150 N. Y. Supp. 1056) to the Court of Apet al. (Supreme Court, Appellate Division, peals granted, and questions certified. Fourth Department. March 3, 1915.) Action by the H. W. Caldwell & Son Company against JAQUISH, Appellant, v. KELLY et al., Rethe Spencer Kellogg Company, impleaded with spondents. (Supreme Court, Appellate Division, others. No opinion. Motions to amend deci. Third Department. January 6, 1915.) ACsion as to costs (in 151 N. Y. Supp. 1122) tion by George L. Jaquish against George W. granted.

Kelly and others.

PER CURIAM. Order affirmed, with $10 In re HYATT. (Supreme Court, Appellate costs and disbursements. See, also, 151 N. 'Y. Division, First Department. February 11,

Supp. 187. 1915.) In the matter of Augusta Hyatt, de

HOWARD, J., dissents. ceased. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

JENNINGS, Respondent,

MCNULTY

BROS., Appellants, et al. (Supreme Court, INGRAHAM, Respondent, V. TOWN OF Appellate Division, First Department.

Feb THURMAN, Appellant. (Supreme Court, Ap- ruary 19, 1915.) Action by Daniel Jennings pellate Division, Third Department. March 3, against McNulty Bros., impleaded. J. B. Hen1915.) Action by William A. Ingraham against ney, of New York City, for appellants. E. G. the Town of Thurman. No opinion. Judgment Stevens, of New York City, for respondent. and order unanimously affirmed, with costs. See, No opinion. Order affirmed, with costs. Order also, 161 App. Div. 907, 145 Ñ. Y. Supp. 1128.

filed.

JERMYN V. SEARING et al. (Supreme Second Department. February 26, 1915.) ACCourt, Appellate Division, First Department. tion by Gertrude M. Jones against Richard January 15, 1915.) Action by Joseph J. Jer-Sandiford. No opinion. Motion denied, withmyn against Frederick F. Searing and others. out costs. See, also, 150 N. Y. Supp. 1091. No opinion. Motion granted. Time to file trief extended to February 15th. Settle order JOSEPH, Appellant, v. GUERNSEY, Reon notice. See, also, 160 App. Div. 832, 146 spondent. (Supreme Court, Appellate Division, N. Y. Supp. 57.

Third Department. January 6, 1915.) Action

by Isadore S. Joseph against Aai Guernsey. No JOHN B. TAYLOR CO., Respondent, v. VI. opinion. Interlocutory judgment reversed, with OLET et al., Appellants. (Supreme Court, Ap- $10 costs and disbursements, upon the authority pellate Division, Fourth Department. January of Stroock Plush Co. v. Talcott, 129 App. Div. 6, 1915.) Action by the John B. Taylor Com-14, 113 N. Y. Supp. 214, and demurrer suspany against Catharine Violet and others. No tained, without costs. opinion. Appeal dismissed, without costs, upon stipulation filed.

JUDD V. NEW YORK CENT. & H. R. R.

CO. (Supreme Court, Appellate Division, JOHN SIMMONS CO. v. VAN REES. (Su- by Ora Judd against the New York Central &

Third Department. January 6, 1915.) Action preme Court, Appellate Division, First Depart- Hudson River Railroad Company. No opinion. ment. January 15, 1915.) Action by the John Motion denied. See, also, 149 N. Y. Supp. 733. Simmons Company against Abraham C. Van Rees. No opinion. Application denied, with $10 costs. Order signed. See, also, 87 Misc. KAMMAN, Respondent, V. KAMMAN, ApRep. 284, 149 N. Y. Supp. 857.

pellant. (Supreme Court, Appellate Division,

Fourth Department. March 3, 1915.). Action JOHNSON, Respondent, v. OTIS ELEVA- by Cora A. Kamman against John H. Kamman. TOR CO., Appellant. (Supreme Court, Appel PER CURIAM. Appeals from orders dislate Division, Second Department. January missed, unless appellant file and serve the printed 15, 1915.) Action by Maria Johnson, as ad- papers and briefs on or before the 7th day of ministratrix, etc., of Carl A. Johnson, deceas- March, and be ready to argue the appeals on ed, against the Otis Elevator Company. No the 12th day of March. Appeal from judgment opinion. Judgment and order unanimously af- dismissed, unless appellant file and serve the firmed, with costs.

printed papers and briefs on appeal on or be

fore the 12th day of March, and be ready to JOHNSON, Respondent, v. SAYLES, Appel- argue the appeal on the 15th day of March. lant. (Supreme Court, Appellate Division, See, also, 151 N. Y. Supp. 226. Third Department. March 3, 1915.) Action by John A. Johnson against Julius Sayles. No KEEL V. JOBSON & GIFFORD CO. et al. opinion. Judgment and order unanimously af- (Supreme Court, Appellate Division, First Defirmed, with costs.

partment. February 11, 1915.) Action by

Julia Keel, as administratrix, etc., against the In re JOLLES. (Supreme Court, Appellate Jobson & Gifford Company, impleaded, etc. Division, Second Department. December 24, No opinion. Motion to dismiss appeal granted 1914.), In the matter of the application of Mor- with $10 costs. Order filed. See, also, 149 N. ris Jolles for admission to the bar. No opin- | Y. Supp. 1090. ion. Application granted.

KEENAN, Appellant, v. MILK, Respondent In re JONES. (Supreme Court, Appellate et al. Division, Fourth Department.

(Supreme Court, Appellate Division

January 6, Second Department. January 15, 1915.), Ac 1915.) In the matter of the judicial settlementtion by Frank Keenan against Morris Milk ano of the accounts of W. Martin Jones, as trus- another. tee under the will of Henry Powis, deceased. No opinion. Motion granted, and appeal dis-“first separate defense" in the answer of de

PER CURIAM. The matters alleged in the missed, without costs. Held, that there was a good common-law arbitration, which is bind- fendant Morris Milk do not constitute a defense ing and conclusive upon the appellant, and that These matters were provable under the denials

to the cause of action set forth in the complaint. the respondents are entitled to have tie appeal of the answer, and it was not proper pleading dismissed.

to set them up as an affirmative defense. There

fore the motion of plaintiff to sustain bis demurJONES, Respondent, v. LEE, Appellant, et rer to these matters when pleaded as a defense al. (Supreme Court, Appellate Division, Fourth should have been granted. Order reversed, with Department. January 29, 1915.) Action by $10 costs and disbursements, and motion granHorwood V. Jones, as receiver, etc., against ted, with $10 costs. George W. Lee, impleaded with David Ballas. No opinion. Order affirmed, with $10 costs and

KEERY, Respondent, v. OSCAR DANIELS disbursements.

CO., Appellant. (Supreme Court, Appellate Di

vision, Second Department. February 19, JONES, Appellant, V. SANDIFORD, Re- 1915.) Action by Patrick Keery against the spondent.' (Supreme Court, Appellate Division, Oscar Daniels Company. No opinion. Judg

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