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Action by Bernard Schweid and another against PER CURIAM. Judgment and order reversed, Julius S. Berkman. No opinion. Orders en and new trial granted; costs to abide the event. tered, substituting Max Schweid and Harry A. Decedent's statements as to his previous illness Schweid, as executors, etc., of Bernard Schweid, and as to the physicians that he had consulted deceased, as parties plaintiff in place of said within five years prior to his application for indeceased, and also substituting Ralph H. Culo surance were material representations, were ley as attorney for the plaintiffs.

false, and the evidence discloses that they must

have been known to him to be false. If no adSCOFIELD, Appellant, v. FITZSIMMONS, ditional evidence respecting these matters shall Respondent. (Supreme Court, Appellate Divi- be given upon the new trial, defendant will be sion, Second Department. January 22, 1915.) entitled to a verdict. Action by Seth W. Scofield against Jean Winifred Fitzsimmons. No opinion. Judgment af

SIIEPARD, Respondent, PENNSYLfirmed, with costs.

VANIA R. CO., Appellant. (Supreme Court,
Appellate Division, Fourth Department. Janu-

ary 29, 1915.) Action by J. Frank Shepard SCOTT et al., Respondents, V. SENECA | against the Pennsylvania Railroad Company. RIVER POWER CO., Appellant. (Supreme

PER CURIAM. Judgment and order affirm. Court, Appellate Division, Fourth Department. ed, with costs. January 20, 1915.) Action by Robert G. Scott 148 N. Y. Supp. 388.

See, also, 86 Misc. Rep. 272, and others against the Seneca River Power Company. No opinion. Motion to dismiss ap

LAMBERT, J., dissents. peal granted, unless appellant file and serve briefs by January 20th. See, also, 151 N. Y.

SHERWOOD et al., Respondents, V. SHERSupp. 1144.

WOOD et al., Appellants. (Supreme Court,

Appellate Division, Fourth Department. Jan. SCOTT et al., Respondents, V. SENECA and another, infants, etc., against Frances M.

uary 6, 1915.) Action by Robert J. Sherwood RIVER POWER CO., Appellant. (Supreme Sherwood and others. No opinion. Order (85 Court, Appellate Division, Fourth Department. Misc. Rep. 99, 147 N. Y. Supp. 205) affirmed, March 3, 1915.) Action by Robert G. Scott and without costs. others against the Seneca River Power Company. No opinion. Judgment affirmed, with costs. See, also, 151 N. Y. Supp. 1144.

SHOPIRO, Respondent, v. BERLIN et al.,

Appellants. (Supreme Court, Appellate DiviS. C. POSNER, Inc., V. JACKSON et al. sion, Fourth Department. March 3, 1915.) (Supreme Court, Appellate Division, First De Action by Samuel Shopiro against Samuel X. partment. February 11, 1915.) Action by s. Berlin and another. No opinion. Judgment C. Posner, Incorporated, against Emanuel A. and order affirmed, with costs. See, also, 163 Jackson and others. No opinion. Motion de App. Div. 930, 147 N. Y. Supp. 1141. nied, with $10 costs. Order filed.

SHUART et al., Respondents, v. ERIE R. SEAWARD, Appellant, V. TASKER, Re-Co. Appellant. (Supreme Court, Appellate spondent. (Supreme Court, Appellate Division, Division, Second Department. January 22 Second Department. December 24, 1914.) Ac 1915.) Action by John R. Shuart and others tion by George W. Seaward, as administrator, against the Erie Railroad Company. No opinetc., of William Z. King, deceased, against ion., Motion for reargument (150 N. Y. Supp. Frederick H. Tasker. For opinion below, see

1112), or for leave to appeal to the Court of 143 N. Y. Supp. 257.

Appeals, denied. PER CURIAM. Appeal transferred to the Appellate Division of the Supreme Court in SICKELS, Appellant, v. WASHBURN, Rethe Fourth Judicial Department for hearing spondent. (Supreme Court, Appellate Diviand determination.

sion, Second Department. January 22, 1915.) BURR, J., takes no part.

Action by George W. Sickels against Cyrus .
Washburn. No opinion. Order affirmed, with

$10 costs and disbursements.
SEBESTYEN. Respondent, CAYUGA
LAKE CEMENT CO., Appellant. (Supreme
Court, Appellate Division, Third Department.

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SILBERSTEIN et al. v. BLUM et al. (SuJanuary 6, 1915.) Action by Steven Sebestyen preme Court, Appellate Division, First Deagainst the Cayuga Lake Cement Company. partment. January 29, 1915.). Action by SoloNo opinion. Judgment and order unanimously mon Silberstein and others against Harry Blue affirmed, with costs.

and others. No opinion. Application granted.

Order signed. SHEARS, Respondent, v. MUTUAL LIFE INS. CO. OF NEW YORK, Appellant. (Su SILVERSTEIN, Respondent, v. INTERNApreme Court, Appellate Division, Second De- TIONAL RY. CO., Appellant. (Supreme partment. December 31, 1914.) Action by Court, Appellate Division, Fourth Department. Herbert C. Shears, as executor, etc., of George January 13, 1915.) Action by Abraham SilverW. Hillson, deceased, against the Mutual Life stein, as administrator, etc., against the InternaInsurance Company of New York.

tional Railway Company. No opinion. Juug.

1

ment and order affirmed, with costs. See, also, SOLECKI, Respondent. MCKINNON 151 N. Y. Supp. 1145.

DASH CO., Appellant. (Supreme Court, Ap

pellate Division, Fourth Department. JanuSILVERSTEIN, Respondent, v. INTERNA-ary 29, 1915.) Action by Pauline Solecki, an TIONAL RY. CO., Appellant. (Supreme infant, etc., against the McKinnon Dash ComCourt, Appellate Division, Fourth Department. pany. No opinion. Motion for leave to apMarch 3, 1915.). Action by Abraham Silver- peal (151 N. Y. Supp. 1145) to Court of Ap. stein, as administrator, etc., against the In- peals denied, with $10 costs. ternational Railway Company. No opinion. Motion for reargument (151 N. Y. Supp. 1144) SOLINGER V. FEDER et al. (Supreme denied, with $10 costs. Motion for leave to ap- Court, Appellate Division, First Department. peal to Court of Appeals denied.

January 15, 1915.) Action by Bertha Solinger

against Louis Feder and others. No opinion. SIMS INN CO., Inc., Appellant, v. CURTIS Motion denied, with $10 costs. Order filed. et al., Respondents. (Supreme Court, Appel- See, also, 150 N. Y. Supp. 1113. late Division, Fourth Department. January 6, 1915.) Action by the Sims Inn Company, SOLOMON SHAPIRO MFG. CO. v. BLASIncorporated, against Lewis F. Curtis and oth: BERG. (Supreme Court, Appellate Division, ers. No opinion. Order affirmed, with costs. First Department. January 29, 1915.) AC

tion by the Solomon Shapiro Manufacturing In re

SLATER'S ESTATE. (Supreme Company against Jacob Blasberg. No opinion. Court, Appellate Division, Second Department. Application denied, with $10 costs. Order January 15, 1915.) In the matter of the com- signed. pulsory judicial settlement of the estate of William N. Slater, deceased.

SOMMERFIELD, Respondent, v. C. J. OSPER CURIAM. The order is sufficiently BORNE CO., Appellant. (Supreme Court, clear. If the meeting is not called at the in- Appellate Division, Second Department.

Destance of the appellant, she is not restrained comber 24, 1914.) Action by Henry Sommerfrom voting, if she be otherwise so entitled, up-field against the C. J. Osborne Company. No on the stock. In due course the decree of the opinion. Application denied, with $10° costs. surrogate upon the accounting may be entered See, also, 150 N. Y. Supp. 1113. by the time of the March meeting. Motion denied, without costs. See, also, 150 N. Y. Supp.

Ex parte SORIANO. (Supreme Court, Ap1112; In re Holzworth, 151 Ñ. Y. Supp. 1072. pellate Division, Second Department. January In re SLAUSON. (Supreme Court, Appel. Joseph Soriano for a writ of habeas corpus.

15, 1915.) In the matter of the application of late Division, First Department. February 26, No opinion. Order dismissing writ, and re1915.) In the matter of Edward V. Slauson. manding the defendant, affirmed, without costs. No opinion. Application granted. Settle or See, also, 163 App. Div. 915, 147 N. Y. Supp. der on notice.

1143.

SLAWSON & HOBBS V. ASPEL. (Su

In re SOUTHWORTH et al. (Supreme preme Court, Appellate Division, First Depart. Court, Appellate Division, Second Department. ment. January 29, 1915.) Action by Slawson January 8, 1915.) In the matter of the ju& Hobbs against Anna T. Aspel. No opinion. dicial settlement of the account of Frederick Application denied, with $10 costs. Order A. Southworth and another, as executors, etc. signed.

No opinion. Motion denied, without costs. See,

also, 150 N. Y. Supp. 509. SMITH, Respondent, v. BURGER, Appellant. (Supreme Court, Appellate Division SPRINGER v. LION BREWERY OF NEW Third Department. January 6, 1915.) Action YORK. (Supreme Court, Appellate Division, by Mary Smith against Richard E. Burger. First Department. January 29, 1915.) Action No opinion. . Judgment and order unanimously by Jonas Springer, an infant, etc., against the affirmed, with costs.

Lion Brewery of New York. No opinion. Mo.

tion to dismiss appeal granted, with $10 costs. SMITH V. NORTH AMERICAN FILMS

Order filed. CO. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by STABINSKY et al., Respondents, v. LOWENDaniel J. Smith against the North American STEIN, Appellant (three cases). (Supreme Films Company. No opinion.. Application de Court, Appellate Division, Fourth Department. nied, with costs. Order signed.

January 13, 1915.) Actions by Jacob Stabin

sky and another against Benjamin Lowenstein. SOLECKI, Respondent, McKINNON Actions Nos. 1, 2 and 3. No opinions. Orders DASH CO., Appellant. (Supreme Court, Ap- affirmed, with $10 costs and disbursements. pellate Division, Fourth Department. January 6, 1915.) Action by Pauline Solecki, an STADLER, Respondent, v. JAMES EVERinfant, etc., against the McKinnon Dash Com- | ARD'S BREWERIES, Appellant. (Supreme pany. No opinion. Judgment and order af-Court, Appellate Division, First Department. firmed, with costs. See, also, 151 N. Y. Supp. February 19, 1915.) Action by Albert M. Stad1145.

ler against James Everard's Breweries. F. S.

V.

No

Marsell, of New York City, for appellant. H. | City, for appellant. A. C. Hume, of New York
A. Rubino, of New York City, for respondent. City, for respondent.
No opinion. Judgment and order affirmed, PER CURIAM. Order modified, by requir-
with costs. Order filed. See, also, 163 App. ing plaintiff to give an additional bond in the
Div. 887, 147 N. Y. Supp. 1143.

sum of $500 to pay any judgment which may

be obtained against her for rent for the term of STEEL STORAGE & ELEVATOR CONST. the hiring, and, as so modified, affirmed, with. CO., Respondent, v. STOCK et al., Appellants. out costs. Settle order on notice. (Supreme Court, Appellate Division, Fourth SCOTT, J., dissents, and votes for reversal. Department. March 3, 1915.) Action by the Steel Storage & Elevator Construction Company against F. W. Stock and others. No opin- SUMMERS, A'ppellants. (Supreme Court, Ap

STORRIER, Respondent, V. MOSIER & ion, Motion granted, and appeal dismissed, pellate Division, Fourth Department: January with costs.

27, 1915.) Action by James Storrier against

Mosier & Summers. STERN, Respondent, v. PEARL, Appellant. PER CURIAM. Judgment and order af(Supreme Court, Appellate Division, Second firmed, with costs. Department. January 15, 1915.) Action by

ROBSON, J., dissents. Gustav Stern against Solomon Pearl, etc. opinion. Orders affirmed, with $10 costs and disbursements.

SULLIVAN et al. v. KRAUS et al. (Supreme Court, Appellate Division, First Depart.

ment. February 11, 1915.) Action by Patrick STEVENS, Respondent, v. MEREDITH, Ap- H. Sullivan and others against David Kraus pellant. (Supreme Court, Appellate Division, and others, as executors. No opinion. Motion First Department. February 19, 1915.) Ac- to dismiss appeal granted, with $10 costs. Ortion by Thomas N. Stevens against Daniel W. der filed. See, also, 149 N. Y. Supp. 1114. Meredith. C. E. Kelley, of New York City, for appellant. E. D. Webb, of New York City, for respondent. No opinion. Judgment af

SULLIVAN, Appellant, V. OLLENDORF et firmed, with costs. Order filed.

al., Respondents. (Supreme Court, Appellate

Division, Second Department. December 31, STEWART, Respondent, v. ECLIPSE BI

1914.) 'Action by James J. Sullivan against CYCLE CO., 'Appellant, et al. (Supreme Court, Judgment affirmed, with costs. See, also, 141

David M. Ollendorf and another. No opinion. Appellate Division, Third Department. January 15, 1915.)

N. Y. Supp. 1148. Action by Gardiner Stewart against the Eclipse Bicycle Company and oth

No opinion. Judgment unanimously af SULLIVAN V. ROSSON et al. (Supreme firmed, with costs.

Court, Appellate Division, First Department.

January 29, 1915.) Action by Hannah SulSTEWART et al., Respondents, v: TITLE others. No opinion. Motion to dismiss appeal

livan against Thomas Rosson, impleaded with GUARANTY & SURETY CO., Appellant. (Supreme Court, Appellate Division, Fourth (from 148 N. Y. Supp. 611) granted, with $10 Department. January 6, 1915.) Action by Al- costs, unless appellants comply with terms statexander M. Stewart and another against the ed in order. Order filed. See, also, 150 N. Y. Title Guaranty & Surety Company.

Supp. 613. PER CURIAM. Judgment affirmed, with costs. This court finds and decides that the

SUN-RAY WATER CO., Respondent, v. INbuilding contract, for the performance and ful- TERNATIONAL MAGAZINE CO., Appellant. fillment of which the contract in question was

(Supreme Court, Appellate Division, First Degiven, was never completed or performed within partment. January 29, 1915.) Action by the the meaning of the provision contained in the Sun-Ray Water Company against the intercontract in question, and that therefore the six national Magazine Company. J. T. Sturde months limitation does not apply, and so far vant, of New York City, for appellant. W. E. as any findings of the referee are inconsistent Collins, of New York City, for respondent. No therewith the same are disapproved.

ers.

1

opinion. Order affirmed, with $10 costs and LAMBERT and MERRELL, JJ., dissent.

disbursements, with leave to defendant to with

draw demurrer and to answer, on payment of STILWELL, Respondent, V. STILWELL, costs in this court and in the court below. OrAppellant. (Supreme Court, Appellate Divi- der filed. sion, Second Department. January 8, 1915.) Action by Frederick H. Stilwell against Alma SUSS, Respondent, v. FARLEY, State Com's P. Stilwell. No opinion. Motion granted, of Excise, Appellant. _ (Supreme Court, Appelwithout costs. See, also, 150 N. Y. Supp. 1113. late Division, Second Department. February 5,

1915.) Action by Hyman Suss against WilSTONE, Respondent, V. MOAPA REALTY liam W. Farley, as State Commissioner of ExCO., Appellant. (Supreme Court, Appellate cise, etc. No opinion. Judgment reversed on Division, First Department. January 15, 1915.) reargument, with costs of the appeal, and comAction by Florence Stone against the Moapa plaint dismissed, with costs, on the authority Realty Company. M. S. Hoffman, of New York of Suss v. Farley, etc., 164 App. Div. 161, 149

1

N. Y. S. 661, decided November 6, 1914. See, , Second Department. December 24, 1914.) ACalso, 150 N. Y. Supp. 1114.

tion by Thomas P. Tierney against Jacob Rup

pert. SUTTON, Respondent, v. STORY, Appellant. PER CURIAM. Judgment and order atfirm(Supreme Court, Appellate Division, Fourth ed, with costs. Department. January 29, 1915.) Action by Ernest Sutton against Frank Story... No opin- there is no evidence of actual malice. CARR,

THOMAS, J., dissents, upon the ground that ion. Judgment and order affirmed, with costs.

J., not voting. SWANSON, Respondent, v. VON HOVELING AMERICAN COMPOSITION CO., Ap- In re TILBURY. _ (Supreme Court, Appellate pellant. (Supreme Court, Appellate Division, Division, Fourth Department. January 20, Second Department. December 31, 1914.) AC- 1915.) In the matter of the accounting of Dora tion by Charles 0. Swanson against the Von C. Stephens Tilbury, as executrix, etc., of WalHoveling American Composition Company. ter A. Stephens, deceased. No opinion. De

PER CURIAM. Judgment and order affirm- cree affirmed, with costs. ed, with costs. THOMAS, J., dissents, on

TOLTEC MEXICAN OIL CO., Appellant, v.

account of the EAST COAST OIL CO., S. A., Respondent, refusal of the court to charge as requested at

et al. (Supreme Court, Appellate Division, folio 238.

First Department. January 29, 1915.) Action

by the Toltec Mexican Oil Company against the TASHJIAN, Respondent, v. SPENGEMAN, East Coast Oil Company, S. A., impleaded with Appellant. (Supreme Court, Appellate Division, others. C. G. Walter, of New York City, for First Department. February 19, 1915.) AC- appellant. J. A. Haughwout, of New York tion by Mariam Tashjian, as administratrix, City, for respondent. No opinion. Order afagainst Edward A. Spengeman. D. Steckler, offirmed, with $10 costs and disbursements. OrNew York City, for appellant. G. S. Keba- der filed. bian, of New York City, for respondent.

PER CURIAM. Judgment and order re- TOMPKINS V. INTERBORO RAPID versed, and new trial granted, with costs to ap- TRANSIT CO. (Supreme Court, Appellate pellant to abide event, on the ground that the Division, First Department. January 15, finding of defendant's negligence and of dece 1915.) Áction by William M. Tompkins against dent's freedom from contributory negligence are the Interboro Rapid Transit Company. No against the evidence. Settle order on notice. opinion. Application denied, with $10 costs. INGRAHAM, P. J., concurs in result.

Order signed. See, also, 150 N. Y. Supp. 219. TAYLOR, Respondent, v. NIGHTINGALE, TOMPKINS COUNTY FIRE INS. CO., ReAppellant. (Supreme Court, Appellate Divi- spondent, v. MALONEY, Appellant. (Supreme sion, Second Department. December 31, 1914.) Court, Appellate Division, Third Department. Action by Edward M. Taylor against Charles January 6, 1915.) Action by the Tompkins T. Nightingale and another. Action No. 1. No County Fire Insurance Company against J. opinion. Judgment and order of the County Edward Maloney. No opinion. Judgment Court of Dutchess County attirmed, with costs. unanimously affirmed, with costs. See, also, 151 N. Y. Supp. 1147.

TOMPSON, Respondent, v. THOMPSON, TAYLOR, Respondent, v. NIGHTINGALE Appellant. (Supreme Court, Appellate Diviet al., Appellants. (Supreme Court, Appel- sion, Second Department. December 24, 1914.) late Division, Second Department. December Action by Bertha Tompson against Edward 31, 1914.) Action by Edward M. Taylor Thompson. No opinion. Motion denied. The against Charles T. Nightingale and another. decision of this court dismissed the complaint Action No. 2. No opinion. Judgment and or- for failure of proof, and not upon the merits. der of the County Court of Dutchess County affirmed, with costs. See, also, 151 N. Y. TOVS, Respondent, v. TOWN OF NEWSupp. 1147.

FANE, Appellant. (Supreme Court, Appellate

Division, Fourth Department. January 29, THOMSON,

1915.) Action by Imo W. Toms against the Appellant, JACKSON

Town of Newfane. No opinion. Motion to STEINWAY 'CO., Respondent, et al. (Su

amend order of reversal (155 App. Div. 881, 139 preme Court, Appellate Division, First De N. Y. Supp. 1147), so as to state that the repartment. February 5, 1915.), Action by. Bur: versal was made upon questions of law only, ton Thomson against the Jackson-Steinway and that the facts had been examined and no Company, impleaded. P. Bonynge, of New York City, for appellant. B. Scharps, of New also, 155 App. Div. 948, 140 N. Y. Supp. 1148.

error found therein, denied, without costs. See, York City, for respondent.

PER CURIAM. Judgment affirmed, with TOTH, Respondent, v. HORSFALL, Appelcosts. Order filed.

lant. (Supreme Court, Appellate Division, SecLAUGHLIN, J., dissents.

ond Department. December 24, 1914.) Action

by John Toth against William H. Horsfall. No TIERNEY, Respondent, v. RUPPERT. Ap- opinion. Motion to dismiss appeal granted, pellant. . (Supreme Court, Appellate Division, I with costs.

v.

TOWNSEND, Respondent, v. PERRY et al., , Mack and another. No opinion. Order reAppellants. (Supreme Court, Appellate Divi- versed, and award of commissioners confirmed, sion, Fourth Department. March 3, 1915.) without costs to either party. The court de Action by Frank B. Townsend against Ezekiel termines that, even upon the assumption that C. Perry and others. No opinion. Motion the value of the liquor tax certificate should granted to permit appellants to dispense with be included in the value of the premises, neverthe printing of former appeal books upon this theless the award is adequate. appeal, without costs. See, also, 164 App. Div. 963, 149 N. Y. Supp. 494.

UNITED STATES DRAINAGE & IRRI

GATION CO. v. HAWLEY et al. (Supreme TRAVIS v. KNOX TERPEZONE CO. et al. Court, Appellate Division, Second Department. (Supreme Court, Appellate Division, First De- January 29, 1915.) Action by the United partment. February 11, 1915.) Action by States Drainage & Irrigation Company against Frank H. Travis against the Knox Terpezone Fred Hawley and others. Company and others. No opinion. Motion PER CURIAM. Order affirmed, with $10 granted. Questions certified. Order filed. See, costs and disbursements. Plaintiff's moving also, 150 N. Y. Supp. 621.

papers showed sufficient grounds to examine

defendants Hawley and Moran, under section TROIANO, Respondent, v. GALASSO et al., 872 of the Code of Civil Procedure. By such Appellants. (Supreme Court, Appellate Divi

means plaintiff can find out for whom these de. sion, Second Department. February 11, 1915.) fendants acted, and ascertain the persons who Action by Agostino Troiano against Antonio entered into this arrangement or association Galasso and another.

for draining these marshes. Mason V. New PER CURIAM.

Order reversed, with $10 York Review Publishing Co., 154 App. Div. costs and disbursements, and motion denied, 651, 139 N. Y. Supp. 639; Alden v. O'Brien, with $10 costs, without prejudice to a renewal 138 App. Div. 249, 122 N.' Y. Supp. 910. The of the motion at Special Term upon further affidavit gave the residence of the present depapers. The reversal is upon the ground that, fendants, Hawley and Moran. It was unnecesthe partnership having been denied, there was sary to set forth the residence of others named no satisfactory evidence in this record that as defendants, but not yet served with process. there was a partnership in fact between the The order providing for issue of a subpæna parties. Any funds in the custody of the re- duces tecum, if it became necessary, was in ceiver to be subject to the further order of the proper form. Crompton v. Dobbs, 119 App. Special Term.

Div. 331, 104 N. Y. Supp. 698. RICH, J., not voting.

VAN ANTWERP, Respondent, v. O'BRIEN In re THANASULES. (Supreme Court, Ap- CONST. CO., Appellant. (Supreme Court, Appellate Division, First Department. February pellate Division, Fourth Department. March 3, 11, 1915.) In the matter of Antonio A. Thana- 1915.). Action by Nelson Van Antwerp against sules, deceased. No opinion. Order affirmed, the O'Brien Construction Company. No opinwith $10 costs and disbursements. Order filed. ion. Judgment and order affirmed, with costs.

In re TULLOCH. (Supreme Court, Appel VANDERBORG, Respondent, v. CITY OF late Division, First Department. February 26, NEW YORK, Appellant. (Supreme Court, Ap1915.). In the matter of George H. Tulloch: pellate Division, Second Department. January No opinion. Order affirmed, with $10 costs and 22, 1915.) Action by Abraham Vanderborg disbursements. Order filed.

against the City of New York.

PER CURIAM. Judgment and order af. ULNER V. DORAN. (Supreme Court, Ap-firmed, with costs. See, also, 158 App. Div. pellate Division, First Department. February 297, 142 N. Y. Supp. 26. 11, 1915.) Action by Walter V. Ulner against JENKS, P. J., and BURR, J., dissent, on the John R. Doran. No opinion. Motion to dis- ground that the verdict is against the weight of miss appeal granted, with $10 costs, unless ap- the evidence. pellant comply with terms stated in order. Order filed.

VANDYKE v. WEBB. (Supreme Court, Ap

pellate Division, First Department. January UNDERWOOD TYPEWRITER CO. v. 29, 1915.) Action by Herbert Vandyke against FALK. (Supreme Court, Appellate Division, James N. Webb, as sole surviving executor, First Department. January 29, 1915.) Action etc. No opinion. Motion to dismiss appeal by the Underwood Typewriter Company against granted, with $10 costs. Order filed. Jacob Falk. No opinion. Application denied, with $10 costs. Order filed.

VILLAGE OF FREDONIA, Appellant, F.

FREDONIA NATURAL GAS LIGÊT CO. et UNION FREE SCHOOL DIST. NO. 1 OF al., Respondents. (Supreme Court, Appellate TOWN OF QUEENSBURY, WARREN Division, Fourth Department. January 13, COUNTY, V. MACK et al. (Supreme Court, | 1915.) Action by the Village of Fredonia Appellate Division, Third Department. Janu- against the Fredonia Natural Gas Light Comary 15, 1915.) Action by the Union Free pany and others. School District No. 1 of the Town of Queens PER CURIAM. Stay granted until the hearbury, Warren County, N. Y., against John | ing and determination of this appeal, upon con

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