151 NEW YORK SUPPLEMENT In re O'BRIEN. (Supreme Court, Appellate Division, Second Department. 1915.) In the matter of the application of January 8, James J. O'Brien for a peremptory writ of mandamus, etc., directed to Patrick A. Whitney, as Commissioner of Correction, etc. opinion. Order affirmed, with $10 costs and No disbursements. O'CONNOR v. LEVINE. Appellate Division, First Department. (Supreme Court, ruary 26, 1915.) Action by Daniel P. O'ConFebnor against Arthur J. Levine. Motion denied, with $10 costs. No opinion. Order filed. OLCH V. BERNSTEIN. Appellate Division, Second Department. Janu(Supreme Court, ary 15, 1915.) Action by Celia Olch against Fannie Bernstein and others. Judgment of the County Court of Queens No opinion. County affirmed, with costs. OLMSTED, Appellant, v. F. W. WOOLWORTH CO., Respondent. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Action by Ella B. Olmsted against the F. W. Woolworth Company. opinion. Judgment and order unanimously afNo firmed, with costs. O'NEILL v. LEE. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by John J. O'Neill against Ronald C. Lee. nied, with $10 costs. Order signed. See, also, No opinion. Application de151 N. Y. Supp. 1134. O'NEILL v. LEE. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by John J. O'Neill against Ronald C. Lee. No opinion. Motion denied, with $10 costs. Order filed. See, also, 151 N. Y. Supp. 1134. ORR v. HAMBURG-AMERIKANISCHE PACKETFAHRT SCHAFT (HAMBURG-AMERICAN LINE). ACTIEN GESELL(Supreme Court, Appellate Division, First Department. January 29, 1915.) an en failed to make out any valid and binding agreeshown by the testimony of appellant Irvin did ment to extend the mortgage. not rise above negotiations and offers never The matters accepted. On the same morning that Mr. Irvin that his proposal would not be accepted, Pracht, who acted for plaintiff, had told Mr. the unsigned pencil memorandum on velope was handed to plaintiff at the elevated railroad station. Clearly this was only an ofnever accepted, as appears from the subsequent fer, a tentative proposal from one side only, letters and interviews. at Special Term, therefore, rightly held that The learned justice no defense or counterclaim had been made out, judgment. and that plaintiff was entitled to a foreclosure sent. pellant. OUSSANI, Respondent, v. OUSSANI, AP(Supreme Court, Appellate Division, Second Department. January 8, 1915.) Action No opinion. by Gladys Oussani against Joseph Oussani. Motion for stay granted on conSee, also, 151 N. Y. Supp. 1134. OUSSANI, Respondent, v. OUSSANI, AppelSecond Department. February 19, 1915.) Aclant. (Supreme Court, Appellate Division, tion by Gladys Oussani against Joseph Oussani. costs and disbursements. See, also, 151 N. Y. No opinion. Order affirmed, with $10 Supp. 1134. NEERING CORPORATION, Appellant. (SuOWEN, Respondent, v. EMPIRE ENGIpreme Court, Appellate Division, Fourth Dethur H. Owen against the Empire Engineering partment. January 6, 1915.) Corporation. Action by Arcosts and disbursements, and motion denied, PER CURIAM. Order reversed, with $10 with $10 costs. Held, that the moving papers presented in support of the motion do not state facts sufficient to authorize the granting of the order for a new trial upon the ground of newly discovered evidence. OZUT v. PIETROWSKI & KONOP CO. Orton G. Orr against the Hamburg-Amerikan-partment. January 29, 1915.) Action by Paul Action by (Supreme Court, Appellate Division, First Deische Packetfahrt Actien Gesellschaft (Ham- Ozut against the Pietrowski & Konop Company. burg-American Line). No opinion. Application denied, with $10 costs. Order signed. Motion denied, with $10 costs. Order filed. denied, with $10 costs. 150 N. Y. Supp. 268. No opinion. Motion OSSINING NAT. BANK v. STERLING SMELTING CO. et al. pellate Division, Second Department. (Supreme Court, Ap8, 1915.) Action by the Ossining National January Bank against the Sterling Smelting Company and others. No opinion. Judgment affirmed, with costs. OSWALD V. BAGG et al. (Supreme Court, Judgment of foreclosure PADDOCK, Respondent, v. JOHNSON, Ap- PALMATEER v. RED HOOK LIGHT & T H PARKER-SMITH, Appellant, v. PRINCE MFG. CO., Respondent. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Action by Augustus ParkerSmith against the Prince Manufacturing Com pany. PER CURIAM. Without expressing an opinion as to plaintiff's right to recover under the contract of January 3, 1911, or whether before any suit had been begun against the Nassau Trust Company, or other banking institution, plaintiff's compensation was limited to $500, we think, in view of the manner in which the verdict was directed, that the judgment must be reversed. The court directed a verdict for $7,935.25, and then reduced it to $606, which dispositions were so united as to be a single act, and one which required consent of both parties. Against the exception of plaintiff's counsel the verdict could not be thus reduced by the court after it had been once directed. Plaintiff's notice of appeal seeks to review only the court's order or direction reducing the verdict; but, as no separate order was entered, this reduction, apart from the direction of the verdict, cannot be separately reviewed. We therefore restore the parties to their original positions, by a reversal of the judgment, with a new trial; costs of this appeal to abide the event. PAVLOWA BALLET, Inc., v. ATWELL et al. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by Pavlowa Ballet, Incorporated, against Ben H. Atwell and others. No opinion. Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed. See, also, 151 N. Y. Supp. 1135. PAVLOWA BALLET, Inc., v. ATWELL. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by Pavlowa Ballet, Incorporated, against Dan H. Atwell. No opinion. Motion granted, with $10 costs. Order filed. See, also, 151 N. Y. Supp. 1135. PEASE & ELLIMAN, Respondents, v. TERMINAL WAREHOUSE CO., Appellant. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Pease & Elliman against the Terminal Warehouse Company. C. H. Edwards, of New York City, for appellant. A. H. Holbrook, of New York City, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. PENFOLD et al., Respondents, v. LARKIN, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Danford J. Penfold and another against Hubert Larkin, individually, etc. No opinion. Judgment and order denying motion for new trial af-| firmed, with costs. Appeal from order granting additional allowance of costs dismissed, because the record does not include the order or the papers upon which it was made. PEOPLE, Respondent, v. ANZELLOTTI, Appellant. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Proceeding by the People of the State of New York against Joseph Anzellotti. No opinion. Motion granted. PEOPLE, Respondent, V. ATLANTIC FRUIT CO., Appellant. (Supreme Court, Appellate Division, Third Department. January 6, 1915.) Proceeding by the People of the State of New York against the Atlantic Fruit Company. No opinion. Judgment unanimously affirmed, with costs. PEOPLE, Respondent, v. BALOFSKY, Appellant. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Proceeding by the People of the State of New York against Jacob Balofsky. No opinion. Judgment of conviction of the Court of Special Sessions affirmed. PEOPLE, Respondent, v. BLACK, Appellant. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Proceeding by the People of the State of New York against Allen Black. PER CURIAM. Order of the city magistrate, and order and judgment of conviction of the County Court of Kings County, reversed, and proceedings dismissed, upon the ground that no legal abandonment of defendant's child appeared, or proof that such child was likely to become a public charge. This disposition, however, is without prejudice to any future proceedings under the statute, should the defendant stop providing for his child, and if it should appear that the child was in danger of becoming a public charge. PEOPLE v. BROWN et al. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Proceeding by the People of the State of New York against Harry Brown and another. No opinion. Motion to dismiss appeal granted, unless appellants comply with terms stated in order. Order filed. PEOPLE, Respondent, v. COPETTA, Appellant. (Supreme Court, Appellate Division, Second Department. January 29, 1915.) Proceeding by the People of the State of New York against Frank Copetta. No opinion. Motion to dismiss appeal denied, on condition that defendant perfect his appeal, print the record, place the case on the March calendar, and be ready for argument when reached; otherwise, motion to dismiss appeal granted." PEOPLE, Respondent, v. DUBELIER, Appellant, et al. (Supreme Court, Appellate Division, First Department. February 5, 1915.) Proceeding by the People of the State of New York against Charles Dubelier, impleaded. J. A. Segal, of New York City, for appellant. L. Fabricant, of New York City, for the People. No opinion. Judgment and order affirmed. Order filed. PEOPLE, Respondent, v. FETTER, Appellant. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Proceeding by the People of the State of New York against Harry Fetter. No opinion. Motion granted. PEOPLE, Respondent, v. GILLESPIE, Appellant. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Proceeding by the People of the State of New York against Alma Gillespie. Leo R. Brilles, of New York City, for appellant. R. S. Johnstone, of New York City, for the People. No opinion. Order affirmed. Order filed. PEOPLE, Respondent, v. J. ALBERT & SON, Appellant. (Supreme Court, Appellate Division, Second Department. January 15, 1915.) Proceeding by the People of the State of New York against J. Albert & Son. No opinion. Judgment of conviction of the Court of Special Sessions affirmed on reargument. See, also, 150 N. Y. Supp. 1102. PEOPLE, Respondents, v. KUBLIS, Appellant. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Proceeding by the People of the State of New York against Andrew Kublis. No opinion. Judgment of conviction of the Court of Special Sessions reversed, and new trial ordered, upon the ground that the evidence does not establish the guilt of the defendant beyond a reasonable doubt. PEOPLE, Respondent, v. LE ROSE, Appellant. (Supreme Court, Appellate Division, Second Department. January 29, 1915.) Proceeding by the People of the State of New York against Nicodino Le Rose. No opinion. Motion to dismiss appeal denied, on condition that defendant perfect his appeal, place the case on the March calendar, and be ready for argument when reached; otherwise, motion granted. Motion for leave to be heard on original record denied. PEOPLE, Respondent, v. MARKUS, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Proceeding by the People of the State of New York against Jacob Markus. No opinion. Appeal dismissed, unless appellant file and serve printed briefs by March 9th. PEOPLE v. MARSHALL. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Proceeding by the People of the State of New York against Walter H. Marshall. No opinion. Motion to dismiss appeal granted. Order filed. PEOPLE v. MILLER et al. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Proceeding by the People of the State of New York against Joseph Miller and another. No opinion. Motion to dismiss appeal granted, unless appellants comply with terms stated in order. Order filed. PEOPLE, Respondent, v. PRICE, Appellant. (Supreme Court, Appellate Division, First Department. February 5, 1915.) Proceeding by the People of the State of New York against John J. Price. S. R. Lash, of New York City, for appellant. S. L. Richter, of New York City, for the People. No opinion. Judgment affirmed. Order filed. PEOPLE, Respondent, v. RAND, Appellant. (Supreme Court, Appellate Division, Third Department. March 3, 1915.) Proceeding by the People_of_the_State of New York against Nathaniel D. Rand. No opinion. Judgment of conviction affirmed. PEOPLE, Respondent, v. RHEINHARDT, Appellant. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Proceeding by the People of the State of New York against Edward Rheinhardt. No opinion. Motion to dismiss appeal denied, upon condition that defendant perfect his appeal, place the case on the January calendar, 1915, and be ready for argument when reached; otherwise, motion granted. See, also, 151 N. Y. Supp. 1136. PEOPLE, Respondent, v. RHEINHARDT, Appellant. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Proceeding by the People of the State of New York against Edward Rheinhardt. No opinion. Judgment of conviction of the Court of Special Sessions affirmed by default. See, also, 151 N. Y. Supp. 1136. PEOPLE, Respondent, v. ROCCO, Appellant. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Proceeding by the People of the State of New York against Joseph Rocco. No opinion. Judgment of conviction of the County Court of Kings County affirmed. PEOPLE, Respondent, v. ROMA, Appellant. (Supreme Court, Appellate Division, Second the People of the State of New York against Department. January 25, 1915.) Proceeding by Charles Roma. No opinion. Motion to dismiss appeal denied, on condition that defendant percalendar, and be ready for argument when fect his appeal, place the case on the March reached; otherwise, motion granted. Motion for leave to be heard on original record denied. PEOPLE, Respondent, v. SINCLAIR, Appellant. (Supreme Court, Appellate Division, First Department. February 5, 1915.) Proceeding by the People of the State of New York against Upton Sinclair. G. E. Roe, of New York City, for appellant. R. C. Taylor, of New York City, for the People. No opinion. Judg54) affirmed. ment (of 86 Misc. Rep. 426, 149 N. Y. Supp. Order filed. PEOPLE, Respondent, v. SMITH, Appellant. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Proceeding by the People of the State of New York against Whitmel H. Smith. PER CURIAM. Judgment of conviction of the County Court of Kings County affirmed. CARR, J., not voting. PEOPLE, Appellant, v. SMITH, Respondent. (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.) Proceeding by the People of the State of New York against Gersham Smith. No opinion. Judgment affirmed, with costs. PEOPLE, Respondent, v. ZRAKE, Appellant. (Supreme Court, Appellate Division, Second Department. December 31, 1914.) Proceeding by the People of the State of New York against William Zrake. No opinion. Judgment of conviction of the Court of Special Sessions affirmed. PEOPLE ex rel. BOWERY BAY BUILDING & IMPROVEMENT CO., Appellant, v. PURDY et al., Tax Com'rs, Respondents. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Proceeding by PEOPLE v. STEEPLECHASE PARK CO. the People of the State of New York, on the reet al. (Supreme Court, Appellate Division, lation of the Bowery Bay Building & ImproveSecond Department. February 5, 1915.) Pro- ment Company, against Lawson Purdy and othceeding by the People of the State of New Yorkers, Commissioners of Taxes and Assessments, against the Steeplechase Park Company and etc. No opinion. Motion for reargument (of others. No opinion. Motion granted. Settle order before the Presiding Justice on February 8, 1915, at 10 a. m. See, also, 151 N. Y. Supp. 157. PEOPLE, Respondent, v. TALBOT, Appellant. (Supreme Court, Appellate Division, First Department. February 5, 1915.) Proceeding by the People of the State of New York against William Talbot. S. R. Lash, of New York City, for appellant. S. L. Richter, of New York City, for the People. No opinion. Judgment affirmed. Order filed. PEOPLE, Respondent, v. URTEL, Appellant. (Supreme Court, Appellate Division, Fourth Department. January 20, 1915.) Proceeding by the People of the State of New York against Philip Urtel. No opinion. Appeal dismissed. Held, the question of jurisdiction sought to be raised is not properly presented by the record. PEOPLE, Respondent, v. WHITLOCK, Appellant. (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.) Proceeding by the People of the State of New York against S. Benedict Whitlock. PER CURIAM. Judgment of conviction affirmed. LAMBERT, J., dissents. 149 N. Y. Supp. 1103) denied, with $10 costs. PEOPLE ex rel. BOYE v. WALDO, Police Com'r. (Supreme Court, Appellate Division, Second Department. February 11, 1915.) Proceeding by the People of the State of New York, on the relation of Charles G. C. Boye, against Rhinelander Waldo, as Police Commissioner of the City of New York. PER CURIAM. Determination confirmed, and writ dismissed, with $50 costs and disbursements. BURR, J., not voting. PEOPLE ex rel. BROCK, Respondent, v. ANSCO CO., Appellant. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Proceeding by the People of the State of New York, on the relation of Charles Brock, against the Ansco Company. C. A. Brodek, of New York City, for appellant. B. D. Whedon, of New York City, for respondent. disbursements. Order filed. No opinion. Order affirmed, with $10 costs and PEOPLE ex rel. BROMLEY v. CROPSEY. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Proceeding by the People of the State of New York, on the relation of Ernest C. Bromley, against James C. Cropsey, Commissioner. No opinion. Motion to dismiss writ granted, with $10 costs. Order filed. PEOPLE, Respondent, v. WILLBRANDT, Appellant. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Pro- PEOPLE ex rel. BUCK, Respondent, v. WILceeding by the People of the State of New York LIAMS, Appellant. (Supreme Court, Appelagainst Selma Willbrandt. No opinion. Mo-late Division, Second Department. February tion denied, on condition that appellant perfect the appeal, place the case on the March calendar of 1915, and be ready for argument when reached; otherwise, motion granted. PEOPLE, Respondent, v. WILLBRANDT, Appellant. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Proceeding by the People of the State of New York against William Willbrandt. No opinion. Motion denied, on condition that appellant perfect the appeal, place the case on the March calendar of 1915, and be ready for argument when reached; otherwise, motion granted. 151 N.Y.S.-72 11, 1915.) Proceeding by the People of the State of New York, on the relation of John S. Buck, against William Williams, as Commissioner of Water Supply, Gas, and Electricity. PER CURIAM. Order (of 148 N. Y. Supp. 1136) reversed, on reargument, without costs, in accord with the terms of the opinion per curiam in People ex rel. Finch v. Williams, 151 N. Y. Supp. 271, decided January 8, 1915. Settle order before the Presiding Justice. See, also, 150 N. Y. Supp. 1103. PEOPLE ex rel. BUCKLAND v. WALDO, (Supreme Court, Appellate Division, First De partment. January 15, 1915.) Proceeding by the People of the State of New York, on the relation of Ernest F. Buckland, against Rhinelander Waldo, as Commissioner. No opinion. Motion granted, with $10 costs. Order filed. PEOPLE ex rel. CATALANO v. BOARD OF EDUCATION. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Proceeding by the People of the State of New York, on the relation of Quirino A. Catalano, against the Board of Education. No opinion. Motion to dismiss appeal granted, with $10 costs. Order filed. PEOPLE ex rel. COLLER v. MITCHEL, Mayor. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Proceeding by the People of the State of New York, on the relation of Herman Coller, against John P. Mitchel, as Mayor, etc. No opinion. Motion to dismiss writ granted, with $10 costs. Order filed. PEOPLE ex rel. DUNN v. WOODS, Police Com'r. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Proceeding by the People of the State of New York, on the relation of Robert P. Dunn, against Arthur W. Woods, as Police Commissioner of the City of New York. No opinion. Determination confirmed, and writ of certiorari dismissed, with $50 costs and disbursements. PEOPLE ex rel. ELLIS, Respondent, v. SMITH et al., Town Assessors, Appellants. (Supreme Court, Appellate Division, Third Department. January 6, 1915.) Proceeding by the People of the State of New York, on the relation of Arnold H. Ellis, against E. Lyman Smith and others, as Assessors of the Town of Willsboro, Essex County, N. Y. No opinion. Order affirmed, wih $10 costs and disbursements. See, also, 162 App. Div. 920, 146 N. Y. Supp. 1107. PEOPLE ex rel. GELLER, Appellant, v. WALDO, Com'r, Respondent. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Proceeding by the People of the State of New York, on the relation of Samuel Geller, against Rhinelander Waldo, as Commissioner. E. J. Dryer, of New York City, for appellant. J. F. O'Brien, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. 29, 1915.) Proceeding by the People of the State of New York, on the relation of Joseph H. Graupe, against Erhardt Lauffer. PER CURIAM. Order affirmed, without costs. FOOTE and MERRELL, JJ., dissent. PEOPLE ex rel. HEUMAN v. BINGHAM. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Proceeding by the People of the State of New York, on the relation of John Heuman, against Theodore A. Bingham, as Commissioner. No opinion. Motion to dismiss writ granted, without costs. Order filed. PEOPLE ex rel. HOLSTEN, Appellant, v. WOODS, Respondent. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Proceeding by the People of the State of New York, on the relation of Edward L. Holsten, against Arthur Woods, as Commissioner. A. J. Talley, of New York City, for appellant. J. F. O'Brien, of New York City, for respondent. No opinion. Order affirmed with $10 costs and disbursements. Order filed. PEOPLE ex rel. KENNEDY v. CALKINS. (Supreme Court, Appellate Division, Third Department. January 15, 1915.) Proceeding by the People of the State of New York, upon the relation of T. Francis Kennedy, against James S. Calkins. No opinion. Order affirmed, with . Y. Supp. 1104. $10 costs and disbursements. See, also, 149 PEOPLE ex rel. MCCANN v. ROBINSON. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Proceeding by the People of the State of New York, on the relation of George F. McCann, against Herman Robinson, as Commissioner, etc. No opinion. Motion to dismiss writ granted with $10 costs. Order filed. PEOPLE ex rel. McQUADE v. WALDO, Police Com'r. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Proceeding by the People of the State of New York, on the relation of Harry McQuade, against Rhinelander Waldo, as Police Commissioner, etc. No opinion. Motion to dismiss writ granted without costs. Order filed. PEOPLE ex rel. MARA v. WALDO, Police Com'r. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Proceeding by the People of New York on the relation of John J. Mara, against Rhinelander Waldo, as Police Commissioner, etc. No opinion. Motion granted. See, also, 150 N. Y. PEOPLE ex rel. GLENS FALLS INS CO., Respondent, v. HOWE et al., Appellants. (Supreme Court, Appellate Division, Third Department. March 3, 1915.) Proceeding by the People of the State of New York, on the relation of the Glens Falls Insurance Company, against Delbert S. Howe and another, as As-Supp. 985; 151 N. Y. Supp. 1138. sessors of the City of Glens Falls. No opinion. Order unanimously affirmed, with costs. PEOPLE ex rel. GRAUPE, Appellant, v. LAUFFER, Respondent. (Supreme Court, Appellate Division, Fourth Department. January PEOPLE ex rel. MARA v. WALDO, Police Com'r. (Supreme Court, Appellate Division, Second Department. February 11, 1915.) Proceeding by the People of the State of New York, on the relation of John J. Mara, against |