Rhinelander Waldo, as Police Commissioner, Steers, as President of the Borough of Brook

etc.

PER CURIAM. The motion was granted as to the determination upon the facts, but not to change the statement as to Mr. Justice Carr. See Warn v. N. Y. C. & H. R. R. Co., 163 N. Y. 525, 57 N. E. 742; Wangner v. Grimm, 169 N. Y. 421, 427, 62 N. E. 569. See, also, 151 N. Y. Supp. 1138.

PEOPLE ex rel. MULDOON, Relator, v. WALDO, Police Com'r, Respondent. (Supreme Court, Appellate Division, Second Department. January 15, 1915.) Proceeding by the People of the State of New York, on the relation of Anthony F. Muldoon, against Rhinelander Waldo, as Police Commissioner of the City of New York.

PER CURIAM. Determination annulled, and writ sustained, with $50 costs and disbursements. There is no evidence of any neglect of duty.

BURR and THOMAS, JJ., vote to confirm.

PEOPLE ex rel. NOBLE v. ROMSEN et al., Board of Water Com'rs, Respondents. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Proceeding by the People of the State of New York, on the relation of Franklin P. Noble, against John F. Romsen and others, constituting the Board of Water Commissioners of the Roslyn Water District, etc.

PER CURIAM. Motions in so far as they seek a reargument denied. Motions in so far as they seek leave to appeal to the Court of Appeals denied. Motions to resettle granted, and orders amended, so that it shall appear that the decisions were as a matter of law, and not as a matter of discretion. Settle order on notice before Mr. Justice RICH.

PEOPLE ex rel. O'FARRELL 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 Valerian J. O'Farrell, against Rhinelander Waldo, as Police Commissioner, etc. No opinion. Motion to dismiss writ granted, with $10 costs. Order filed.

lyn. No opinion. Orders affirmed, with costs.

PEOPLE ex rel. RODRIGUES v. WOODS. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Proceeding by the People of the State of New York, on the relation of Jas. E. C. Rodrigues, against Arthur Woods, as Commissioner. No opinion. granted, with $10 costs. Order filed.

Motion

PEOPLE ex rel. RUDD, Appellant, v. CROPSEY, Dist. Atty., Respondent. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Proceeding by the People of the State of New York, on the relation of Stephen A. Rudd, against James C. Cropsey, as District Attorney of the County of Kings.

PER CURIAM. Final order affirmed, with
$10 costs and disbursements. See, also, 163
App. Div. 910, 147 N. Y. Supp. 1135.
CARR, J., not voting.

PEOPLE ex rel. TAYLOR v. WALDO, Police Com'r. sion, Second Department. December 31, 1914.) (Supreme Court, Appellate DiviYork, on the relation of John M. Taylor, Proceeding by the People of the State of New against Rhinelander Waldo, as Police Commissioner of the City of New York. No opinion. Determination confirmed, and writ dismissed, with $50 costs and disbursements.

PEOPLE ex rel. WHITE, Respondent, v. PRENDERGAST, Comptroller, et al., Appellants. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Proceeding by the People of the State of New York, on the relation of Charles F. White, against William A. Prendergast, as Comptroller, etc., and another. No opinion. Order affirmed, with $10 costs and disbursements.

PEOPLE ex rel. WINTERS v. EATON et al. (Supreme Court, Appellate Division, Third Department. January 15, 1915.) Proceeding by the People of the State of New York, on the relation of Bryan L. Winters, against Edward W. Eaton and others, individually and as members of the Board of Supervisors in and for the County of Tioga, and Fred G. Horton, Clerk of said Board of Supervisors. No opinPEOPLE ex rel. PAIGE, Relator, v. WAL-ion. Motion denied, on the ground that the DO, Police Com'r, Respondent. (Supreme court has no jurisdiction to grant the writ askCourt, Appellate Division, Second Department. ed for. January 15, 1915.) Proceeding by the People of the State of New York, on the relation of George F. Paige, against Rhinelander Waldo, as Police Commissioner of the City of New York. No opinion. Determination confirmed, and writ dismissed, with $50 costs and disburse

ments.

PEOPLE ex rel. RILEY, Respondent, v. STEERS, Borough President, Appellant. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Proceeding by the People of the State of New York, on the relation of George Riley, against Alfred E.

PEOPLE'S NAT. BANK OF BROOKLYN, IN NEW YORK, Respondent, v. MANNESCHMIDT, Appellant, et al. (Supreme Court, Appellate Division, Second Department. January 29, 1915.) Action by the People's National Bank of Brooklyn, in New York, against Lucia H. Manneschmidt and Jacob Manne

schmidt, Jr. No opinion. Judgment affirmed,

with costs.

In re PEOPLE'S TRUST CO. (Supreme Court, Appellate Division, Second Department. December 24, 1914.) Appeal from Surrogate's

Court, Kings County. Judicial settlement of the account of the People's Trust Company, one of the executors of William C. Roberts, deceased. From part of a decree of the Kings County Surrogate's Court settling the account (79 Misc. Rep. 595, 141 N. Y. Supp. 201), George S. Hice, one of the executors, appeals. Reversed. Edmund L. Mooney, of New York City (Frederick A. Card, of New York City, on the brief), for appellant. James M. Gray, of Brooklyn, for respondents.

va

PER CURIAM. Judgment modified, upon questions of fact as well as of law, by striking therefrom so much thereof as enjoins defendants from permitting their premises and buildings so to be used that loud and disturbing noises proceed therefrom, and by striking from said judgment that portion thereof which awards to plaintiff the sum of $240 for rental damages, and, as so modified, judgment affirmed, without costs. The twentieth and twentyeighth finding of fact are reversed and set aside, upon the grounds that said findings, and each of them, are unsupported by the evidence, and are contrary to said evidence and the weight thereof.

(Su

PER CURIAM. The evidence shows with requisite clearness that Roberts, fully competent to do so, executed the paper at its date, whereby the shares of stock were transferred to Hice upon a condition since performed. The instrument itself, bearing the genuine signature of Roberts, speaks strongly for its own PFEIFFER, Appellant, v. IRON ELEVAlidity, while the testimony of Barnes, McNeil,TOR & TRANSFER CO., Respondent. and Baker forcefully confirm it. The state-preme Court, Appellate Division, Fourth De ments of other witnesses, and, above all, the partment. January 27, 1915.) Action by Ida recital in the instrument of a note not then exPfeiffer, as administratrix, etc., against the Iron isting, which either then or later was drawn in Elevator & Transfer Company. No opinion. a different form-the form in which Roberts Motion for leave to appeal (from 164 App. Div. and Hice desired it to be-and which was not 966, 149 N. Y. Supp. 1106) to Court of Apchanged to coincide with the recital earlier peals denied, with $10 costs. than January 18th, as shown by Hice's letter of that date and of the day following, bring to our attention matters of grave import, and have been studied and weighed. But the explanation by Hice in association with the transfer itself, and the supporting evidence of men whose testimony indicates fairness and moderation, leave the case free from the doubt that would require a rejection of the claim. The decree of the surrogate should be reversed, without costs, and judgment entered for the claimant, in accordance with the findings as amended in this court. The seventh, eighth, ninth, and tenth findings of fact, and third conclusion of law, are reversed. Findings of fact proposed by George S. Hice, Nos. 1, 2, 3, 4, 5, 6, 7, 13, 14, 19, 20, 21, 22, 23, and 32, and conclusions of law Nos. 1 and 2, are found.

PERRON, Respondent, v. PERRON, Appellant. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by Mary F. Perron against Joseph N. Perron. R. A. Inch, of New York City, for appellant. H. A. Heydt, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

PERRY, Respondent, v. BARRETT MFG. CO., Appellant, et al. (Supreme Court, Appellate Division, Second Department. December 31, 1914.) Action by Eugene A. Perry against the Barrett Manufacturing Company and others. No opinion. Order reversed, without costs, and matter remitted to the Special Term to pass upon that part of the motion which seeks to make the answer more definite and certain.

PETEKOFSKY, Respondent, v. PELLISSIER et al., Appellants. (Supreme Court, Appellate Division, Second Department. January 15, 1915.) Action by Sarah Petekofsky against Anthony Pellissier and others.

CROSSTOWN

ST. RY. CO. OF BUFFALO et al., Respond-
PHILLIPS, Appellant, v.
Fourth Department. March 3, 1915.) Action
ents. (Supreme Court, Appellate Division,
by Margaret E. Phillips, as administratrix, etc.,
against the Crosstown Street Railway Company
of Buffalo and another.

PER CURIAM. Judgment and order affirmed, with costs.

KRUSE, P. J., and ROBSON, J., dissent. See decision in same case on former appeal, reported in 157 App. Div. 876, 143 N. Y. Supp. 183.

PHILLIPS, Appellant, v. FLAGLER et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by William E. Phillips against Lydia C. Flagler and others. No opinion. For opinion below, see 82 Misc. Rep. 500, 143 N. Y. Supp. 798. Judgment affirmed, with costs.

In re PHIPPS' ESTATE. (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.) In the matter of the estate of William W. Phipps, deceased.

PER CURIAM. Decree modified, so as to construe the will to include in the homestead the tenant place, so called, and, as so modified, affirmed, with costs to all parties payable out of the estate.

ROBSON and FOOTE, JJ., dissent, and vote for affirmance.

PINTLER, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Hattie J. Pintler against the New York Central & Hudson River Railroad Company. No opinion. Judgment affirmed, with costs.

In re PLATT. (Supreme Court, Appellate | No opinion. Motion granted, unless appellant Division, Second Department. January 8, complies with terms stated in order. Order 1915.) In the matter of the application of Clar- filed. ence N. Platt for a peremptory writ of mandamus, etc., directed to Patrick A. Whitney, as Commissioner of Correction, etc. No opinion. Order affirmed, with $10 costs and disburse

RANDALL, Respondent, v. BEACH, Appellant. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Action by Minnie E. Randall against Oren M. Beach, Jr. No opinion. Judgment and order unanimously affirmed, with costs.

RANDOLPH v. FIELD. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Mary Randolph against Armstead W. Field. No opinion. Motion granted. Questions certified. Order filed. See, also, 150 N. Y. Supp. 822.

REES et al., Respondents, v. TRINITY

POWLOWSKI, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme PRESBYTERIAN CHURCH, Appellant. (SuCourt, Appellate Division, Fourth Department. March 3, 1915.) Action by Louis Powlowski, an infant, etc., against the New York Central & Hudson River Railroad Company.

PER CURIAM. Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the verdict is against the weight of the evidence upon the question of the defendant's negligence and the plaintiff's contributory negligence, that the weight of the evidence supports the claim that the plaintiff attempted to board the train while it was in motion, and that he was injured through his own carelessness. See, also, 150 N. Y. Supp. 1107.

preme Court, Appellate Division, Fourth Department. January 29, 1915.) Action by Glen H. Rees and another against the Trinity Presbyterian Church. No opinion. Judgment and order affirmed, with costs.

REHL, Respondent, v. ERIE R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.) Action by Pauline Rehl, as administratrix, etc., against the Erie Railroad Company. No opinion. Order affirmed, with $10 costs and disbursements.

REICHARDT v. RAYMOND et al. (Supreme Court, Appellate Division, First DepartPRINCE v. REISER. (Supreme Court, Ap-ment. January 29, 1915.) Action by Hannah pellate Division, First Department. January Reichardt against Max Raymond and others. 29, 1915.) Action by Henry Prince against Ely No opinion. Application denied, with $10 costs. J. Reiser. No opinion. Motion denied, with Order signed. Motion denied, with $10 costs. $10 costs. Order filed. See, also, 150 N. Y. Order signed. Supp. 1107.

PURCELL, Appellant, v. BURROUGHS et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Kathryn S. Purcell against Rosalia Burroughs and others. No opinion. Judgment affirmed, with costs.

REID et al., Respondents, v. VILLAGE OF BABYLON, Appellant. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Action by Willard P. Reid and another against the Village of Babylon.

PER CURIAM. Order affirmed, with $10 costs and disbursements. BURR, J., not voting.

REID v. WUERFEL et al. (Supreme Court, Appellate Division, First Department. Feb

PURTILL v. COAKLEY et al. (Supreme Court, Appellate Division, Fourth Department. January 13, 1915.) In the matter of the application of Edward A. Purtill for a writ of man-ruary 26, 1915.) Action by James P. Reid, as damus against John B. Coakley and others. No opinion. Order affirmed, without costs.

administrator, against Gustave A. Wuerfel and another. No opinion. Motion for stay denied. Settle order on notice.

REILLY, Respondent, v. BARRETT, ApSecond Department. December 24, 1914.) Acpellant. (Supreme Court, Appellate Division, tion by William F. Reilly against William M. Barrett, as President, etc. No opinion. Motion for leave to appeal (150 N. Y. Supp. 1108) to the Court of Appeals denied.

RENOWN PAPER BOX CO. v. TOPILOW

RAFTERY v. CARTER et al. (Supreme
Court, Appellate Division, First Department.
January 15, 1915.) Action by George A.
et al. (Supreme Court, Appellate Division,
Raftery against Grace H. Carter and others. First Department. January 15, 1915.) Action

by the Renown Paper Box Company against Hyman Topilow and another. No opinion. Application denied, with $10 costs. Order signed.

RODD v. C. F. BIELE & SONS CO. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by Freder ick E. Rodd against the C. F. Biele & Sons Company. No opinion. Application denied, with $10 costs. Order signed.

ROESLER, Respondent, V. DUNKIRK HOME TELEPHONE CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 20, 1915.) Action by Eva Roesler, an infant, etc., against the Dunkirk In-Home Telephone Company.

In re RICH. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) In the matter of the application of Anna Ingersoll Rich for a writ of mandamus directing the Onondaga Chapter, Daughters of the American Revolution, and the officers thereof, to reinstate said Anna Ingersoll Rich to membership, etc. Final order and judgment, and order denying motion for new trial, affirmed, with costs. terlocutory judgment, order denying motion to frame issues, and order denying motion to make alternative writ more definite and certain, affirmed, without costs. See, also, 160 App. Div. 912, 145 N. Y. Supp. 1143.

PER CURIAM. Judgment and order affirmed, with costs. See, also, 162 App. Div. 923, 146 N. Y. Supp. 1110.

ROBSON and FOOTE, JJ., dissent.

ROOT v. PULITZER et al. (two cases). (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by W. Russell Root, suing, etc., against Walter Pulitzer, impleaded with others. No opinion. Motion to dismiss appeal granted, with $10 costs. Order filed. See, also, 163 App. Div. 949, 148 N. Y. Supp. 1141.

RINI, Appellant, v. RINI, Respondent. (Su- ROOT v. PULITZER MAGAZINE CO. et al. preme Court, Appellate Division, Second Department. January 22, 1915.) Action by Piet-(Supreme Court, Appellate Division, First Derina Rini against Nicola Rini. partment. January 29, 1915.) Action by W. Magazine Company, impleaded with others. No Russell Root, suing, etc., against the Pulitzer opinion. with $10 costs. Motion to dismiss appeal granted,

PER CURIAM. Order affirmed, without costs. In affirming this order the court expresses no opinion as to whether defendant is liable in any proceedings that may be taken to punish him for contempt for failure to pay arrears of alimony.

ROOT v. PULITZER PUB. CO. et al. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by W. RusROBINSON v. MCKNIGHT et al. (Su-sell Root, suing, etc., against the Pulitzer Pubpreme Court, Appellate Division, First Depart-lishing Company, impleaded with others. No ment. January 15, 1915.) Action by Frank B. opinion. Motion to dismiss appeal granted, Robinson, suing, etc., against Charles Mc- with $10 costs. Order filed. Knight and others, impleaded with the Western National Bank. R. E. T. Riggs, of New York City, for appellants. T. H. Keogh, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements, on the authority of Sadler v. Boston & Bolivia Copper Co., 140 App. Div. 367, 125 N. Y. Supp. 405, affirmed 202 N. Y. 547, 95 N. E. 1139. Order filed. See, also, 151 N. Y. Supp. 1142.

ROBINSON v. McKNIGHT et al. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by Frank B. Robinson, suing, etc., against Chas. McKnight and others, impleaded, etc. No opinion. Motion denied, with $10 costs. Order filed. See, also, 151 N. Y. Supp. 1142.

ROBINSON CLAY PRODUCTS CO. v. JOHN THATCHER & SON. (Supreme Court, Appellate Division, First Department. February 19, 1915.) Action by the Robinson Clay Products Company against John Thatcher & Son. No opinion. Application denied, with $10 costs. Order signed. See, also, 150 N. Y. Supp. 658.

ROSENTHAL, Respondent, v. SOLOTOREFSKY et al., Appellants. (Supreme Court, Appellate Division, Second Department. January 8, 1915.) Action by Max Rosenthal against Isidor Solotorefsky and others. opinion. Order affirmed, with $10 costs and disbursements.

No

ROSS, Appellant, v. PENDERGAST, Respondent. (Supreme Court, Appellate Division, Second Department. February 19, 1915.) Action by William O. Ross against Martin J. Pendergast. No opinion. Order affirmed, with $10 costs and disbursements.

ROTH v. SPENCER et al. (Supreme Court, Appellate Division, Third Department. March 3, 1915.) Action by Max Roth against H. Jay Spencer and another. No opinion. Motion to dismiss appeal granted, unless the appellant serves and files printed case, and has case ready for argument at the next term of this court, in which case motion is denied. See, also, 158 App. Div. 895, 142 N. Y. Supp. 1142.

ROTHSCHILD et al., Respondents, v. MOR- | ruary 19, 1915.) Action by Thomas Sanders, RICE et al., Appellants. (Supreme Court, Ap- Jr., against Kenneth T. Barnaby. No opinion. pellate Division, First Department. February Motion granted. See, also, 151 N. Y. Supp. 11, 1915.) Action by Morris H. Rothschild and 580. another against David Morrice, Jr., and another. H. D. Estabrook, of New York City, for appellants. J. R. Abney, of New York City, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

Ac

ROYCE, Respondent, v. FARSON et al., Appellants. (Supreme Court, Appellate Division, First Department. February 26, 1915.) tion by Stephen E. Royce against John Farson, Jr., and another. L. L. Delafield, of New York City, for appellants. H. Clark, Jr., of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

RUBY et al., Respondents, v. STREEVER et al., Appellants. (Supreme Court, Appellate Division, Third Department. March 3, 1915.) Action by Domonick Ruby and another against Charles H. Streever and others. No opinion. Judgment and order unanimously affirmed, with

costs.

R. & L. CO. v. METZ. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by the R. & L. Company against Herman A. Metz. No opinion. Motion granted. Questions certified. Order filed. See, also, 150 N. Y. Supp. 843.

In re ST. PAUL'S PLACE SCHOOL SITE IN CITY OF NEW YORK. (Supreme Court, Appellate Division, First Department. February 11, 1915.) In the matter of the St. Paul's Place School Site in the City of New York. No opinion. Reference ordered. Settle order

on notice.

SALMON et al. v. BALLANCE. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by Hamilton H. Salmon and others against William A. Ballance. No opinion. Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed.

SALOMON V. MATTHEWS. (Supreme Court, Appellate Division, First Department. February 26, 1915.) Action by Walter J. Salomon against Samuel D. Matthews. opinion. Application denied, with $10 costs. Order signed.

No

In re SANBORN. (Supreme Court, Appellate Division, Second Department. February 11, 1915.) In the matter of Addison S. Sanborn, an attorney.

PER CURIAM. Matter referred to Hon. William D. Dickey, as official_referee. See, also, 158 App. Div. 939, 143 N. Y. Supp. 1142. BURR, J., not voting.

SANDERS v. BARNABY. (Supreme Court, Appellate Division, First Department. Feb

SANDHOP CONTRACTING CO. v. WHITE et al.

(Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by the Sandhop Contracting Company against John White and others. No opinion. ApplicaMotion for stay denied, with $10 costs. Order tion denied, with $10 costs. Order signed.

filed.

SARAFIAN v. UNITED STATES FIDELITY & GUARANTY CO. (Supreme Court, Appellate Division, First Department. February 19, 1915.) Action by Sumpad H. Sarafian against the United States Fidelity & Guaranty Company. No opinion. Application granted. Order signed.

SCHAFFER v. PRESSURE LIGHTING CO. (Supreme Court, Appellate Division, First Department. February 19, 1915.) Action by Max Schaffer against the Pressure Lighting Company. No opinion. Application denied, with $10 costs. Order signed.

SCHNEIDER, Respondent, v. FARLEY, State Excise Com'r, Appellant. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Action by Morris Schneider against William W. Farley, as State Commissioner of Excise, etc. No opinion. Judgment reversed, on reargument, with costs of the appeal, and complaint dismissed, with costs, on authority of Suss v. Farley, etc., 164 App. Div. 161, 149 N. Y. Supp. 661, decided November 6, 1914. See, also, 150 N. Y. Supp. 1111.

SCHUMACHER et al., Respondents, V. BROOKLYN HEIGHTS R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Action by Franceska Schumacher and August F. Brocke, as executrix and executor under the last will

and testament of Joseph Schumacher, deceased, against the Brooklyn Heights Railroad Company. No opinion. Motion for stay granted, on condition that defendant perfect and place its appeals on the March calendar, and be ready for argument when reached; cause in the meantime not to lose its place on the trial calendar.

SCHWARTZ, Appellant, v. SCHWARTZ, sion, First Department. February 26, 1915.) Respondent. (Supreme Court, Appellate DiviAction by Louisa Schwartz against Jacob Schwartz. Leon Forst, of New York City, for appellant. A. J. Rifkind, of New York City, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion granted, as stated in order. Order filed.

SCHWEID et al., Appellants, v. BERKMAN, Respondent. (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.)