From an order granting plaintiff's motion for a bill of particulars, defendants appeal. Modified and affirmed. William L. Cahn, of New York City, for appellants. Morris J. Hirsch, of New York City, for respondent. PER CURIAM, The order appealed from will be modified as follows: Paragraphs 2 and 3, by eliminating the provision as to giving dates and places; paragraph four, by striking it out; paragraphs 5 and 6 by striking out all the requirements, except the names of the persons referred to in the fifth paragraph of the answer. As so modified, the order will be affirmed, without costs to either party; defendants to have the right to serve a further bill, containing the names of other customers and employés, at any time before the cause apOrder modified, as pears on the day calendar. directed in opinion, and, as so modified, affirmed, without costs, with leave to defendant to serve a further bill of particulars as indicated in opinion. Settle order on notice. MARKS v. STOLTS. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Charles E. Marks against Julius W. Stolts, as president, etc. No opinion. Motion denied, with $10 costs. Order filed. See, also, 150 N. Y. Supp. 952. MARTIN v. CITY OF NEW YORK. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by Wisner B. Martin against the City of New York. No opinion. Motion denied, with $10 costs. Order filed. See, also, 150 N. Y. Supp. 1096. MARTIN, Appellant, v. CLARKE, Respondent. (Supreme Court, Appellate Division, Second Department. January 15, 1915.) Action by John Martin against Audley Clarke. No opinion. Order sustaining demurrer, and judgment entered thereon, affirmed, with costs. MARTIN v. MELTON. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Arthur R. Martin against Samuel Melton. No opinion. Application denied, with $10 costs. Order signed. See, also, 150 N. Y. Supp. 682. MASON NEWS CO., Respondent, v. MCNULTY, Appellant. (Supreme Court, Appellate Division, Fourth Department. January 27, 1915.) Action by the Mason News Company against James G. McNulty. No opinion. Judgment affirmed, with costs. bursements. See, also, 159 App. Div. 930, 144 N. Y. Supp. 1129. MATTESON, Respondent, v. JENNINGSBRAGDON CO., Appellant. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by James L. Matteson against the Jennings-Bragdon Company. G. Lange, Jr., of New York City, for appellant. C. McMillan, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. See, also, 151 N. Y. Supp. 1129. MATTESON v. JENNINGS-BRAGDON CO. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by James L. Matteson against the Jennings-Bragdon Company. No opinion. Motion denied, with $10 costs. Order filed. See, also, 151 N. Y. Supp. 1129. MATTISON, Respondent, v. BOSTON & M. R. R., Appellant. (Supreme Court, Appellate Division, Third Department. January 6, 1915.) Action by Gertrude Mattison, as administratrix, etc., against the Boston & Maine Railroad. No opinion. Judgment and order unanimously affirmed, with costs. In re MAXWELL. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) In the matter of the application of Francis H. J. Maxwell for admission to the bar. No opinion. Application granted. MAY, Appellant, v. GERMAIN, Respondent. (Supreme Court, Appellate Division, Second Department. December 31, 1914.) Action by Louis May against Louis Germain. PER CURIAM. Judgment affirmed, with costs. The twelfth finding of fact is, however, modified, so as to read: "The plaintiff was not disturbed by any failure of the defendant to perform and carry out all of the obligations on his part to be carried out and performed, in accordance with all of the terms and conditions of the aforesaid bill of sale and chattel mortgage, and with any understanding or agreement which existed between the parties, relative to any of the matters or things herein complained of." MEISTER, Respondent, v. EGAN, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Fred T. Meister against Thomas W. Egan. PER CURIAM. Judgment and order reversed, and new trial granted, with costs to appellant to abide event, unless the plaintiff shall, within 10 days, stipulate that the verdict may be reduced to the sum of $250, as of the date of the rendition thereof, in which event the judgment is modified accordingly, and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party. MELHADO, Respondent, v. STEEL & MA. SONRY CONTRACTING CO. Appellant. (No. 6800.) (Supreme Court, Appellate Division, First Department. February 5, 1915.) Appeal CONTRACTING CO. from Trial Term, New York County. Action MIDTOWN by Henry Melhado against the Steel & Mason- GOLDSTICKER et al. (Supreme Court, Apry Contracting Company. From a judgment pellate Division, First Department. February for plaintiff, and from an order denying a new 11, 1915.) Action by the Midtown Contracting trial, defendant appeals. Reversed, and new Company against Louis Goldsticker and others. trial ordered. H. M. Hitchings, of New York No opinion. Motion denied, with $10 costs. City, for appellant. Benjamin Berger, of New Order filed. See, also, 150 N. Y. Supp. 809, York City, for respondent. 1097. PER CURIAM. Upon all the testimony in this case, the finding of the jury that the defendant was negligent is against the clear weight of the evidence. The judgment and order appealed from are therefore reversed, and a new trial ordered, with costs to the appellant to abide the event. MENDALIS, Respondent, v. BERGER, Appellant. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Ac tion by Nathan Mendalis against Morris Berger. PER CURIAM. Judgment and order affirmed, with costs. JENKS, P. J., and BURR, J., dissent. MESSER v. BURSTEIN et al. (No. 6885.) (Supreme Court, Appellate Division, First Department. February 11, 1915.) Appeal from Special Term, New York County. Action by Fannie Messer against Charles Burstein and others. From an order permitting defendants to interpose an amended answer, plaintiff appeals. Modified and affirmed. Hugo Wintner, of New York City, for appellant. Joseph F. Murray, of New York City, for respondents. PER CURIAM. The order appealed from should be modified, by imposing as a condition for allowing the defendants to serve an amended answer that said defendants pay full costs of the action up to the time of the service of the amended answer; the case to remain upon the calendar and to be tried when reached, as if the amendment had not been allowed. As so modified, order affirmed, without costs. MESSMER v. HENRY W. BOETTGER SILK FINISHING CO. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by William Messmer against Henry W. Boettger Silk Finishing Company. No opinion. Motion to dismiss appeal granted, with $10, costs, unless appellant comply with terms stated in order. Order filed. See, also, 150 N. Y. Supp. 1097. MEYER v. HEDGES. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by Ludwig Meyer against Dayton Hedges. No opinion. Motion for leave to argue appeals together granted. MIDDLEBROOK, Respondent, v. BOSTON & M. R. R., Appellant. (Supreme Court, Appellate Division, Third Department. March 3, 1915.) Action by Walter L. Middlebrook against the Boston & Maine Railroad. PER CURIAM. Judgment and order affirmed, with costs. KELLOGG and WOODWARD, JJ., dissent. MILLS, Respondent, v. BECK, Appellant. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Action by Mamie Mills against Maurice Beck. No opinion. Order affirmed, with $10 costs and disbursements. See, also, 151 N. Y. Supp. 1130. MILLS, Respondent, v. BECK, Appellant. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Action by Mamie Mills against Maurice Beck. No opinion. Motion denied, without costs. See, also, 149 N. Y. Supp. 1097; 151 N. Y. Supp. 1130. MINICH, Respondent, v. INTERNATIONAL RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 20, 1915.) Action by Sadie E. Minich against the International Railway Company. No opinion. Judgment and order affirmed, with costs. See, also, 150 N. Y. Supp. 1097. In re MONTEGRIFFO. (Supreme Court, Appellate Division, First Department. February 19, 1915.) In the matter of Agostino H. Montegriffo, Jr. No opinion. Referred to Hon. J. J. Freedman, official referee. Settle order on notice. See, also, 163 App. Div. 885, 147 N. Y. Supp. 1127. MULLER, Respondent, v. MULLER et al., Appellants. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Action by Wilhelmina Muller against Adolph E. Muller and another, as executors, etc. No opinion. Motion for reargument (150 N. Y. Supp. 1098) denied, with $10 costs. In re MONTGOMERY ST. IN CITY OF NEW YORK. In re CLARK. (Supreme Court, Appellate Division, Second Department. February 11, 1915.) In the matter of the appli-Court, Appellate Division, First Department. MULLIGAN V. LAMBERTI. (Supreme Action by Agnes K. M. February 26, 1915.) Mulligan against Pasquale J. Lamberti. opinion. Motion denied, with $10 costs. der filed. cation of the City of New York relative to acquiring title, etc., to Montgomery Street. In the matter of Clark. No opinion. Order affirmed, with $10 costs and disbursements. MORRIS et al., Appellants, v. HENRY et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.) Action by Edward M. Morris and others against William G. Henry and others. No opinion. Judgment affirmed, with costs. MORSE, Respondent, v. COHEN, Appellant. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Action by Waldo J. Morse, Jr., against Charles Cohen. No opinion. Judgment and order unanimously affirmed, with costs. MOSAKOWSKI, Respondent, V. UTICA KNITTING CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by Leo Mosakowski, an infant, etc., against the Utica Knitting Company. No opinion. Motion for leave to appeal (150 N. Y. Supp. 1098) to Court of Appeals denied, with $10 costs. In re MOULTON. (Supreme Court. Appellate Division, Fourth Department. March 3, 1915.) In the matter of the application of Charles F. Moulton as to the change of grade of street in the village of Cuba, N. Y. PER CURIAM. Judgment affirmed, with costs. FOOTE, J., dissents, upon the ground that the state, and not the village, is chargeable with the maintenance of the highway in question, and, as the statute imposes the liability for change of grade only upon the municipality chargeable with maintenance, the village in this case is not liable. MT. VERNON TRUST CO. et al. v. PENFIELD. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Ac tion by the Mt. Vernon Trust Company and another, trustees, etc., against James T. Penfield, individually and as trustee, etc., and others. | No opinion. Interlocutory judgment affirmed, with costs to plaintiffs respondents, payable by defendant appellant. See, also, 163 App. Div. 965, 148 N. Y. Supp. 1132. MULHOLLAND v. REID et al. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Michael A. Mulholland against Luis H. Reid and others. No opinion. Application denied. Settle order on notice. See, also, 150 N. Y. Supp. 784. No Or 151 NEW YORK SUPPLEMENT by Hyman Mysell against H. Westlake Coons. NASH, Appellant, v. MOORE, Respondent. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Lewis H. Nash, as sole surviving trustee, etc., Action by against Kate Moore. granted, without costs. No opinion. Motion be resettled on notice before Mr. Justice PutOrder of reversal to nam. See, also, 151 N. Y. Supp. 96. NASH, Appellant, v. ZIMMER, Respondent. (Supreme Court, Appellant Division, Second Department. Lewis H. Nash, as sole surviving trustee, etc., January 8, 1915.) Action by against John Zimmer. granted, without costs. No opinion. Motion Order of reversal to (Su be resettled on notice before Mr. Justice Put-partment. January 29, 1915.) Action by Olga nam. NASSAU HOTEL CO. v. BARNETT et al. (Supreme Court, Appellate Division, Second Department. the Nassau Hotel Company against Eudoise January 29, 1915.) Action by Barnett and other, individually and as copartners, etc. No opinion. Motion granted by default, without costs. 203, 149 N. Y. Supp. 645, 151 N. Y. Supp. 1132. See, also, 164 App. Div. NASSAU HOTEL CO. v. BARNETT & BARSE CORPORATION. Appellate Division, Second Department. Feb(Supreme Court, ruary 11, 1915.) Action by the Nassau Hotel Company against the Barnett & Barse Corporation and others. firmed, with $10 costs and disbursements. See, No opinion. Order afalso, 151 N. Y. Supp. 1132. NATIONAL EXCH. BANK OF WHEELING, Respondent, v. FARSON et al., Appellants. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by the National Exchange Bank of Wheeling against John Farson, Jr., and another. Delafield, of New York City, for appellants. H. L. L. Clark, Jr., of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. NATIONAL SURETY CHAUD. (Supreme Court, Appellate Division, CO. V. BROUFirst Department. November 27, 1914.) tion by the National Surety Company against AcJules Brouchaud. No opinion. Motion to dismiss appeal denied, without costs. Order filed. See, also, 150 N. Y. Supp. 826. NEFF, Appellant, v. MACK, Respondent. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Mell A. Neff against Norman E. Mack. No opinion. Judgment affirmed, with costs. See, also, 150 N. Y. Supp. 1099. preme Court, Appellate Division, First DeNETHERSOLE v. LIEBLER et al. Nethersole against Theodore A. Liebler and granted, with $10 costs, unless appellants comothers. No opinion. Motion to dismiss appeal ply with terms stated in order. Order filed. 1129. See, also, 151 App. Div. 940, 135 N. Y. Supp. sion, Fourth Department. January 29, 1915.) Respondent. (Supreme Court, Appellate DiviNEUN, Appellant, v. B. H. BACON CO., Bacon Company. Action by Henry P. Neun against the B. H. firmed, with costs. No opinion. Judgment af PER CURIAM. NEUN, Respondent, v. VAN DEUSEN, Apby Henry P. Neun against Amelia Van Deusen. Fourth Department. March 3, 1915.) Action pellant. (Supreme Court, Appellate Division, abide event. Held, that there is no suficient new trial granted, with costs to appellant to Judgment reversed, and evidence to support the fifth, sixth, and seventh findings of fact, to the effect that at the time the agreement was entered into between defendant and S. C. Wells & Co. for the sale to said Bacon Company it was the purpose or undercompany of all the shares of stock of the B. H. standing of the parties that the business of the B. H. Bacon Company was not to be continued. or that its assets and business were to be taken over and absorbed by S. C. Wells & Co.; also that such a finding is necessary to support the conclusion of law. late Division, Fourth Department. January 6, Court, Appellate Division, First Department. opinion. Application denied, with $10 costs. tion denied, with $10 costs. Order signed. NEW YORK CENT. & H. R. R. CO., Appellant, v. PEOPLE et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. January 27, 1915.) Action by the New York Central & Hudson River Railroad Company against the People of the State of New York and others. No opinion. Appeal dismissed, unless appellant files and serves brief within 20 days and is ready to argue appeal at the opening of March term. NEW YORK CITY CAR ADVERTISING CO.. v. GREENBERGER. (Supreme Court, Appellate Division, First Department. February 19, 1915.) Action by the New York City Car Advertising Company against Rosa Greenberger. No opinion. Application denied, with $10 costs. Order signed. See, also, 142 N. Y. Supp. 226; 150 N. Y. Supp. 642. NICHAUS, Appellant, v. MCNULTY, Respondent. (Supreme Court, Appellate Division, Second Department. January 15, 1915.) Action by Charles H. Nichaus against Patrick McNulty. PER CURIAM. Judgment and order of the City Court of New Rochelle reversed, and a new trial ordered, costs to abide the event. The evidence clearly establishes plaintiff's purchase and original ownership of the horse which is the subject-matter of this controversy. There is no evidence of a gift to defendant, nor of any agreement by which he should retain the horse as security for that sum, if any, which might be due him from plaintiff for services. Defendant testified that he did not know, and did not want to know, whether plaintiff owed him anything or not. In the face of such testimony the verdict of the jury that the horse was given to defendant in return for services rendered is utterly without foundation. The court should have directed a verdict for plaintiff. As it is possible that some further evidence may be introduced respecting the right to possession of the horse, we have concluded to order a new trial. NICHOLSON, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Action by Eugenie H. Nichol.son, as administratrix, etc., against the City of New York. No opinion. Motion for reargument (of 150 N. Y. Supp. 1099) denied, with $10 costs. Motion for leave to appeal to the Court of Appeals denied. In re NICKLES' WILL. (Supreme Court, Appellate Division, Fourth Department. January 20, 1915.) In the matter of the probate of the will of Harriet Nickles, deceased. No opinion. Decree affirmed, with costs. NICOLELLI V. FRIEDMAN. (Supreme Court, Appellate Division, First Department. October 30, 1914.) Action by Michael Nicolelli against Allen L. Friedman, No opinion. Mo orandum for counsel only. Div. 938, 149 N. Y. Supp. Order filed. MemSee, also, 164 App. 1099. TER CO., Respondent. NILES, Appellant, v. HANNACROIX WA(Supreme Court, Appellate Division, Third Department. March 3, 1915.) the Hannacroix Water Company. No opinion. Action by Stephen H. Niles against Judgment unanimously affirmed, with costs. NOA v. LAPPOS et al. (Supreme Court, Appellate Division, First Department. February 19, 1915.) Action by Berthold Noa against George Lappos and another. No opinion. Application denied, with $10 costs, and stay vacated. Order signed. In re NOONAN. (Supreme Court, Appellate February 19, Division, First Department. 1915.) In the matter of Louis T. Noonan. No opinion. Referred to Hon. H. A. Gildersleeve, official referee. Settle order on notice. NORTHERN BANK OF NEW YORK v. (Supreme Court, ApLOWENSTEIN et al. pellate Division, First Department. February 19, 1915.) Action by the Northern Bank of New York against Moses Lowenstein and another. No opinion. Application denied, with $10 costs. Order signed. See, also, 150 N. Y. Supp. 686. NOWAK, Respondent, V. DELANEY FORGE & IRON CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.) Action by Paul Nowak against the Delaney Forge & Iron Company. No opinion. Judgment and order affirmed, with costs. See, also, 159 App. Div. 155, 144 N. Y. Supp. 232. NUNZ, Respondent, v. GEORGE KELLOGG STRUCTURAL CO., Appellant. (Supreme Court, Appellate Division, Fourth_Department. January 13, 1915.) Action by George Nunz against the George Kellogg Structural Company. No opinion. Appeal dismissed, without costs upon stipulation filed. NUSSBAUM, Respondent, v. VOGELGESANG, Appellant. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by Clara E. Nussbaum against Theodore J. Vogelgesang. No opinion. Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the verdict of the jury is against the weight of the evidence upon the question of assault. |