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and order reversed, with costs, unless plaintiff In re HILL. (Supreme Court, appellate Distipulate to reduce verdict to the sum of $3,000, vision, First Department. March 19, 1915.) in which event the judgment, as so reduced, In the matter of Marie Hill. No opinion. Moand the order appealed from, are affirmed, with- tion denied, with $10 costs. Order filed. See,

out costs. Settle_order on notice. See, also, also, 151 N. Y. Supp. 791, zoudly kéz 160 App. Div. 917, 145 N. Y. Supp. 696.

HILLIKER, Respondent, v. RUEGER et al., HAUS v. ERIE R. CO. (Supreme Court,

Appellants. (Supreme Court, Appellate Divi$cprsi* Appellate Division, First Department. April 16, sion, Second Department. March 5, 1915.) ACartment 1915.). Action by Mabel K. Haus against the tion by John H. Hilliker against Emily Kueger Hute Erie Railroad Company. No opinion. Appli- and another, individually and as surviving execin dication denied, with $10 costs. Order signed. utrices, etc., and others. No opinion. Motion

for leave to appeal (in 165 App. Div. 189, 151 2 Signe See, also, 151 N. Y. Supp. 919.

N. Y. Supp. 234) to the Court of Appeals de

nied, as leave is unnecessary. In re HAYES. (Supreme Court, Appellate TRONG 1 Division, First Department, November 13, HIRSCH et al., Respondents, v. S. HYMAN Lot 1914.)

În the matter of William A. Hayes. CO., Appellant. (Supreme Court, Appellate Di. Apera, No opinion. Motion granted to the extent stat- vision, First Department. April 30, 1915.) ALDO E ed in memorandum per curiam, Settle order on Action by Robert B. Hirsch and others against l'act notice.

the S. Hyman Company. J. M. Schoenfeld, of New York City, for appellant. E. L. Mooney,

of New York City, for respondents. No opinHEDGES, Respondent, v. PIONEER IRON

ion. Order affirmed, with $10 costs and disCater WORKS, Appellant. (Supreme Court, Appel. bursements. Order filed.

late Division, Second Department. April 23,
1915.) Action by Dayton Hedges against the In re HODGES. (Supreme Court, Appellate
Pioneer Iron Works.

Division, First Department. April 23, 1915.)
PER CURIAM. Without determining wheth-) In the matter of Frank F. Hodges, deceased.
er the amended complaint is sufficient in law, PER CURIAM. Order affirmed, with_$10
we think that plaintiff should be permitted to costs and disbursements, on the opinion of Fow-
serve the same. As terms of the amendment, ler, S. (in 86 Misc. Rep. 367, 148 N. Y. Supp.
defendant is entitled to receive its fuil taxable 424). Order filed.
costs and disbursements of the action to late.

CLARKE, J., dissents.
Whether the sum allowed ($100) is equal to
these or not, we are not in a position to deter-
mine.
Defendant may, at its election, either

HOFFMAN et al., Respondents, v. COLUMreceive, as terms of the amendment, such'taxable BIA-KNICKERBOCKER TRUST CO., Appel

costs and disbursements, but without any extra lant. (No. 7008.) (Supreme Court, Appellate is allowance, or the sum allowed by the learned Division, First Department. April 9, 1915.)

justice at Special Term. The order, as thus Appeal from Special Term, New York County.

modified, is affirmed, without costs. See, also, Action by Sadie Estelle Hoffman, administrao Bom 151 N. Y. Supp. 495.

trix of Charles R. Hoffman, deceased, and another, against the Columbia-Knickerbocker

Trust Company. From a judgment for plainHENRY OESTREICHER CO. WIN- tiffs, on a decision after a trial at Special Term, TERS. (Supreme Court, Appellate Division, defendant appeals. Affirmed. Julien T. Davies, First Departinent. April 30, 1915.) Action by Jr., of New York City, for appellant. Edward the Henry Oestreicher Company against Marie Stetson Griffing, of New York City, for reE. Winters. No opinion. Motion to dismiss

spondents. appeal granted, with $10 costs. Order filed. PER CURIAM. Judgment affirmed, with

Order filed. HERZOG v. GUNTHER. (Supreme Court, HOTCHKISS, J. (dissenting). The action Appellate Division, First Department. March was for possession of the bonds, or, in default 19, 1915.) Action by Veronica Herzog against thereof, for the amount of the plaintiff's debt Adolph Gunther. No opinion. Motion granted, covered by the attachment. It is not clear to with $10 costs. Order filed.

me that, under the circumstances, any posses

sory action would lie; but, if it would, when HESS, Respondent, v.

INTERNATIONAL

it appeared that possession could not be had, RY. CO., Appellant.

(Supreme Court, Appel- plaintiff's were entitled to no more than com: late Division, Fourth Department.

March 26, pensation for what they had lost. The respond1915.) Action by Henrietta Hess against the ent says in his, brief, The value of the security

is immaterial," and this seems to have been International Railway Company.

the theory of the complaint, which contains no PER CURIAM. Judgment and order affirm- allegation of the value of the bonds, nor did ed, with costs.

the court make any finding of such value. MERRELL, J., dissents, upon the ground Whether there is any presumption to be univer: that the plaintiff 'failed to 'establish by a pre-sally applied that an individual is prima facie ponderance of evidence that she would have solvent and able to pay his debts, or whether slipped, had there been no water on the steps, the rule is merely that, where a party urges as required by the charge of the court.

as his defense the insolvency of another, it is

y.

costs.

incumbent on him to prove it (Walrod v. Ball, , surance Co., 152 N. Y. Supp. 272, decided be 9 Barb. 271, 272), need not be determined. A with, the order appealed from will be reret diligent search has failed to reveal any case with $10 costs and disbursements, and the to where, in the absence of any evidence whatso- tion granted, with $10 costs. ever, a plaintiff upon whom rests the burden to show loss arising out of a transaction incident HOWE v. GUBITZ et al. (Supreme Court to corporation bonds has been permitted to re- Appellate Division, Second Department. 1, cover the par value of such bonds on a pre- 16, 1915.). Action by John I. Howe, Jr., aza: sumption of value only and without a particle Gustav A. Gubitz and others.

Voor of proof thereof. The record is full of evidence Order atfirmed, with $10_costs and disburse to show that the bonds were never treated by ments. See, also, 152 N. Y. Supp. 1118 defendant as in fact worth anything like their par value, and defendant offered to prove the HOWE v. GUBITZ et al. (Supreme CT price at which the $200,000 of bonds finally Appellate Division, Second Department Mar remaining in its bands were sold at public auc- 19, 1915.) Action, by Jolin I. Howe, do tion after due advertisement; but plaintiffs' against Gustav A. Gubitz and others counsel said he raised no "question about that." opinion. Motion for stay granted, on molio: The action seems to have been brought, tried, that defendants perfect the appeal, place and decided on the theory that the value of the case on the calendar for April 5, 1915, 23 bonds lost to plaintiffs by reason of defendant's ready for argument when reached; oth-reis act was immat ial. This think was error, motion denied, with $10 costs. See, al, 1 because, if the defendant's total loan exceeded N. Y. Supp. 1118. the value of all the bonds held by it as collateral at any time, plaintiff's lost nothing by reason HOYT, Respondent, v. DICK et al., dį; of defendant's surrender of a portion of those lants. (Supreme Court, Appellate Dinami bonds from time to time as installments were First Department. April 30, 1915.) paid on account of the loan. For the same lack by Orson C. Hoyt against Evans R. Dis 22 of proof of value, plaintiff's failed to show any others. D. II. Miller, of New York Cito, loss or damage by reason of the disposition of appellants. B. L. Marks, of New Fit C the remaining $200,000 in bonds. The judg- for respondent. No opinion. Order att ment should be reversed, and a new trial granted. with $10 costs and disbursements. Order ord! HOLLOWELL WISE CO. v, HUNGER

In re HUBER'S WILL. (Supreme C.4.1 FORD et al. (Supreme Court, Appellate Divi- Appellate Division, Second Department. . sion, Fourth Department. March 26, 1915.) | 16, 1915.) In the matter of the probate of 1.3 Action by the Hollowell & Wise Company last will and testament of Emilie Huber, če against J. Arthur Hungerford and others. No ceased. opinion. Judgment affirmed, with costs.

PER CURIAM. Decree and orders of the HOLSTEIN V. STEEPLECHASE PARK

Surrogate's Court of Kings County affruti

with costs. CO. (two cases). (Supreme Court, Appellate Division, First Department. April 1, 1915.) Ac

BURR, J., not voting. tions by Minnie Holstein and by Jacob Holstein against the Steeplechase Park Company. HUESTED, Respondent, v. RICHMONT No opinions. Motions denied, with $10 costs. LIGHT & R. CO., Appellant. (Supreme Court Orders filed. See, also, 131 N. Y. Supp. 1121. Appellate Division, Second Department. Mari

5, 1915.) Action by Edward L. Huested, as a In re HOLZWORTI. (Supreme Court, Ap. ministrator, etc., of Orel Huested, der past pellate Division, Second Department. April against the Richmond Light & Railroad Core 23, 1915.) In the matter of the final judicial pany. No opinion, Judgment and order that settlement of the account of Sarah s Holz- imously affirmed, with costs.

See, also, 111 worth, as executrix of the estate of William N. N. Y. Supp. 1124, 156 App. Div. 918 Slater, deceased. No opinion. Motion for leave to appeal to the Court of Appeals denied, HUGUENOT TRUST CO. v. IRELANI as leave is unnecessary. Motion for injunction (Supreme Court, Appellate Division, First Day denied. See, also, 151 N. Y. Supp. 1075.

partment. March 19, 1915.)

Action br

Huguenot Trust Company against Robert D. HOSMER, Sheriff, et al. v. AGRICULTUR- Ireland. AL INS. CO. (No. 7031.) (Supreme Court, Appellate Division, First Department. March to stay the enforcement of the judgment

PER CURIAM. Motion granted, so far is 26, 1915.) Appeal from Special Term, New the hearing and decision by this court of York County. Action by Charles C. Hosmer, appeal from the order denying the motion to Sheriff, and another, against the Agricultural Insurance Company. From an order denying

open the default herein, on condition that to motion to vacate an order for examination be apical be brought on for argument on April fore trial of a witness not a party to the ac- N. Y. Supp. 1118, 1119.

Settle order on notice. See, alsi, 13 tion, defendant appeals. Reversed. Leo Levy, of New York City, for appellant. Edward B. Boise, of New York City, for respondents. HUGUENOT TRUST CO. V. IRELANT

PER CURIAM. For the reasons stated in (Supreme Court, Appellate Division, First It Harburger, as Sheriff, v. Westchester Fire In-'partment. March 19, 1915.) Action by the

1

ers.

Huguenot Trust Company against Robert D. , in the state of Texas, and that applicant has Ireland. No opinion. Motion denied. Settle practiced law therein for five years. This eviorder on notice. See, also, 152 N. Y. Supp. dence should be by a certificate from a judge of 1118, 1119.

said court. See rule 2 of the Court of Appeals

(26 N. E. iv), and rule 1 of the General Rules HUGUENOT TRUST CO., Respondent, v. of Practice. IRELAND, Appellant, et al. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by the Huguenot Trust Com- INTERNATIONAL HANDKERCHIEF pany against Robert D. Ireland, impleaded with MFG. CO, V. MORSE et al. (No. 7012.) (Suothers. A. J. Ernest, of New York City, for preme Court, Appellate Division, First Depart. appellant. M. M. Schlesinger, of New York ment. March 19, 1915.) Appeal from Special City, for respondent. No opinion. Order re: Term, New York County. Action by the Inversed, with $10 costs and disbursements, and ternational Handkerchief Manufacturing Commotion granted, with $10 costs. Order filed. pany against Benjamin Morse and Meyer See, also, 152 N. Y. Supp. 1118, 1119.

Morse. From an order denying a motion to

continue a temporary injunction pendente lite, HUGUENOT TRUST CO. v. IRELAND et plaintiff appeals. Affirmed. N. A. Elsberg, of al. (Supreme Court, Appellate Division, First New York City, for appellant. Julius Levy,

Department. April 16, 1915.) Action by the of New York City, for respondents. e Huguenot Trust Company against Robert D. PER CURIAM. Without expressing any

Ireland, impleaded with others.

Motion to dismiss appeal denied, with $10 costs: opinion as, to the extent to which an injune01/05 + Order filed. See, also, 152 N.' I. Supp. 1118, after the trial of the action, we think the order 1119.

appealed from sufficiently protects the plaintiff

pending such trial. The order must be affirmHULL v. FIFTY-SECOND ST. STORAGE ed, with $10 costs and disbursements. HOUSE, Inc., et al. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by Lawrence Hull, as trustee in

ISRAELSON, Respondent, v. WILLIAMS, bankruptcy, etc., against the Fifty-Second Appellant. (Supreme Court, Appellate DiviStreet Storage House, Incorporated, and oth- sion, Second Department. March 19, 1915.)

No opinion. Motion for resettlement of Action by. Isaac S. Israelson against Harry the order of the Special Term of February 24, Pushae Williams. No opinion. Motion denied, 1915, stayed until the hearing and determination

on the ground that leave to appeal (from 151 of the appeal herein, without costs. See, also, N. Y. Supp. 679) to the Court of Appeals is 152 N. Y. Supp. 363.

unnecessary. HULSE, Respondent, v. SMITH, Appellant.

JACOBSON v. (Supreme Court Appellate Division, Second

JACOBSON. (Supreme Department. March 19, 1915.)

Action by Court, Appellate Division, First Department. Wells Hulse against Clarence L. Smith. No April 1, 1915.) Action by Anna Jacobson opinion. Judgment affirmed, without costs.

against Ignatz Jacobson, in which Max Brown

appeals. M. Brown, of New York City, for HUMPHREYS, Respondent, V. MARINE appellant. R. Tally, of New York City, for

BASIN CO., Appellant. (Supreme Court, Ap. respondent. No opinion. Order affirmed, 'with jl . pellate Division, Second Department. March 5, $10 costs and disbursements. Order filed. See,

1915.) Action by George Humphreys against also, 85 Misc. Rep. 253, 148 N. Y. Supp. 341; the Marine Basin Company. No opinion. Ap- 150 N. Y. Supp. 1091; '152 N. Y. Supp. 1119. plication denied, with $10 costs.

JACOBSON V. JACOBSON (two cases). HURLBUT et al. v. STELLE et al. (Su-(Supreme Court, Appellate Division, First Depreme Court, Appellate Division, First Depart-partment. April 16, 1915.) Action by Anna

ment. April 30, 1915.) Action by Margaret H. Jacobson against Ignatz Jacobson, in which COHurlbut and others against Lida K. Stelle and Max Brown appeals. No opinion.' Motion to

others, impleaded with Harry Wiggins. No dismiss appeal granted, with $10 costs. Order
opinion. Motion to dismiss appeal granted, with filed. See, also, 152 N. Y. Supp. 1119,
$10 costs, unless appellant comply with 'terms
stated in order. Order filed.

JACOBSON v. WOLTHAUSEN. (Supreme
In re HUTTER. (Supreme Court, Appellate Court, Appellate Division, First Department.
Division, First Department. March' 26, 1915.) March 19, 1915.) Action by Lazar Jacobson
In the matter of Karl Hutter, deceased. No against John R. Wolthausen. No opinion. Mo-
opinion.

Order aflirmed, with costs. Order tion granted, with $10 costs. Order filed. filed.

JAFFE, Respondent, v. KRAKOWER et al., In re HYDE. (Supreme Court, Appellate Appellants. (Supreme Court, Appellate DiviDivision, Second Department. March 19, 1915.) sion, Second Department. March 5, 1915.) ACIn the matter of the application of Emory James tion by Charles Jalfe against Tobias Krakower Hyde for admission to the bar. No opinion. and another. No opinion. Application denied, Submit evidence as to the highest court of law with $10 costs.

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JAMES ROY CO., Respondent, V. ROY JOHNSTON, Respondent, V. JOHNSTON
WOOLEN CO., Appellant. (Supreme Court, Appellant. (Supreme Court, Appellate Dint
Appellate Division, Third Department. March sion, First Department. April 16, 1915. A
18, 1915.) Action by the James Roy Company tion by Margaret C. Johnston against Frana
against the Roy Woolen Company. No opin-W. Johnston. J. A. Valentine, of Vew In
ion. Order affirmed, without costs.

City, for appellant. E. J. Kelly, of Ver to

City, for respondent. No opinion. Order
In re JENSEN. (Supreme Court, Appellate firmed, with $10 costs and disbursements. Or
Division, Third Department, March 18, 1915.) der filed. See, also, 152 N. Y. Supp. 1130.
In the matter of the claim of Marie Jensen,
widow, and Harold Jensen and Evelyn Jensen, JONES, Respondent, v. NATIONAL SCRE
children, for compensation under the Work- TY CO., Appellant. (Supreme Court, Appe
men's Compensation Law (Laws 1914. C. 41) late Division, First Department. April
upon the death of Christen Jensen, in which the 1915.) Action by Arthur H. Jones a raias the
Southern Pacific Company, employer and self- National Surety Company. N. Rockwood. d
insurer, appeals. No opinion. Decision and New York City, for appellant. E. Poster. of
award affirmed.

New York City, for respondent. No opni
KELLOGG, J., not sitting.

Judgment and order affirmed, with costs Os

der filed.
JOHN CLARKE ESTATE Appellant, v.
CITY OF NEW YORK, Respondent. (Su-
preme Court, Appellate Division, Second De-

JONES v. STANDARD PLUNGER ELETS.
partment. March 5, 1915.) Action by the John TOR CO. (Supreme Court, Appeilate Dine
Clarke Estate against the City of New York. First Department. April 23, 1915.) Most
No opinion. Motion to resettle order" denied, of Frederick A. Jones against the Standar)
with $10 costs. See, also, 151 N. Y. Supp. 714. tion granted. Settle order on notice. See, ale

Plunger Elevator Company. No opinion. -
In re JOHNSON. (Supreme Court, Appel- 152 N. Y. Supp. 910.
late Division, Second Department. March 12,
1915.) In the matter of the application of

JOSEPH, Appellant, V. GUERNSEY, R-
Enoch Johnson for admission to the bar. No spondent. (Supreme Court, Appellate Diriger
opinion. Application granted.

Third Department. March 18, 1915.) Acticos
Isadore S. Joseph against Aai Guernes,

opinion. Motion granted. See, also, 151 X I.
In re JOIINSON. (Supreme Court, Appel- Supp. 1123.
late Division, Second Department. April 9,
1915.) In the matter of the application of
Samuel D. Johnson for admission to the bar.

In re JOSEPHSON. (Supreme Court. Appe-
PER CURIAM. On application of the peti- 1915.)

late Division, First Department. April
tioner, the committee on character making no attorney. No opinion.

In the matter of Axel Josephson, 41
objection, this matter is referred back to said Settle order on notice.

Proceeding dismissed
committee, without thereby intending to disap-
prove of its present report.

In re JULIUS BIEN CO. (Supreme Cars

Appellate Division, Third Department. Ver
JOHNSON, Respondent, v. HAY FOUNDRY 18, 1915.) In the matter of the assignmens
& IRON WORKS, Appellant. (Supreme Court, Julius Bien Company to Sheldon Franklin, as
Appellate Division, First Department. April assignee, etc. No opinion. Order settled. Se
30, 1915.) Action by Lena Johnson, as admin- also, 165 App. Div. 679, 151 N. Y. Supp. 116
istratrix, etc., against the Hay Foundry & Iron
Works. T. H. Lord, of New York City, for In re KAMMERLOHR.

(Supreme Court
appellant. F. X. McCollum, of New York City, Appellate Division, First Department. Var
for respondent. No opinion. Order affirmed, 19, 1915.) In the matter of Joseph G. Kanser
with costs. Order filed.

lohr. No opinion. Referred to Hon, Roger

Pryor, official referee. Settle order on notice
JOHNSON. Respondent, v. JOIINSON, Ar-
pellant. (Supreme Court, Annellate Division, KARIBE, Appellant, v. EARLE, Respuid.
Second Department. April 9, 1915.) Action by ent. (Supreme Court, Appellate Division, Five
Kate Q. Johnson against James F. Johnson. Department. April 30, 1915.) Action by Clans
PER CURIAM. Judgment modified, by

N. Karibe against Edward Earle. J. N. Hata
striking out this provision, "together with an

of New York City, for appellant. C. C. Such
extra allowance of $50 for counsel tee," and, of New York City, for respondent.
as thus modified, affirmed, without costs.

PER CURIAM. Order affirmed. Order fled

DOWLING, J., dissents.
JOHNSTON, Respondent, V. JOHNSTON,
Appellant. (Supreme Court, Appellate Divi In re KARUTZ. (Supreme Court, Appellate
sion, Second Department. March 12, 1915.) Division, Second Department. March 5, 1911.
Action by Harriet L. Johnston against Harold in the matter of Edward R. W. Karutz, ar af
D. Johnston. No opinion. Interlocutory judg- torney. No opinion, Respondent suspended
ment affirmed, with costs. See, also, 152 Ñ. Y. from practice for a term of three months from
Supp. 1120.

April 1, 1915.

ents.

KAUFMAN, Respondent, y. GANTZ, Appel- KEMP v. LAWSON. (Supreme Court, Aplant. (Supreme Court, Appellate Division, First pellate Division, First Department. March 19, Department. April 30, 1915.) Action by Ger- 1915.) Action by Peter G. Kemp against Samard Kaufman against George F. Gantz, J. uel Lawson, Sr. No opinion, Motion granted, W. Remer, of New York City, for appellant. with $10 costs. Order filed. J. A. Jacobs, of New York City, for respondent, No opinion. Order reversed, with $10 costs and In re KENNARD. (Supreme Court, Appeldisbursements, and motion granted to the ex- late Division, First Department. April 30, tent of requiring plaintiff to serve an amended 1915.) In the matter of Arthur C. Kennard,

complaint, wherein he shall set forth what city deceased. No opinion. Order affirmed, with 16. ordinances it is claimed the defendant has vio- $10 costs and disbursements. Order filed. lated or disregarded. Order filed.

KIELBERT CONST. CO., Appellant, v. KAYNER, Appellant, v. BROWN, Respond- FREY et al., Respondents. (Supreme Court, ent. (Supreme Court Appellate Division, Appellate Division, First Department. April Fourth Department. March 26, 1915.)

Ac

1915.) Action by the Kielbert Construction tion by c. Adell Kayner against Elmer L. Company against Edward Frey and others. G. Brown, as Superintendent of Highways, etc. W. Minor, of New York City, for appellant. L. No opinion. Judgment affirmed with costs. See, O. Van Doren, of New York City, for respondalso, 152 N. Y. Supp. 936.

No opinion. Order, so far as appeal

ed from, affirmed, with $10 costs and disburseKEIL, Respondent, v. KAUFMAN, Appel- ments, 'with leave to plaintiff to withdraw lant. (Supreme Court, Appellate Division, demurrer and to reply, on payment of costs in First Department. May 7, 1915.) Action by this court and in the court below. Settle order George Keil, an infant, etc., against Benjamin

on notice,
H. Kaufman. H. K. Heyman, of New York
City, for appellant. A. Sonnenthal, of New
York City, for respondent. No opinion. Judg.

KING v. BROADHURST. (Supreme Court, ment and order affirmed, with costs. Order filed. Appellate Division, First Department. April

1, 1915.) Action by William H. King against KELDERHOUSE, Respondent, v. McGAR- George H. Broadhurst. N. Vida ver, of New RY et al., Appellants. (Supreme Court, Appel- York City, for plaintiff. J. H. Hazelton, of late Division, Fourth Department. March 17, New York City, for defendant. No opinion. 1915.) Action by Herbert Kelderhouse against Order aflirmed. Order filed. See, also, 164 John V. McGarry and another. No opinion. App. Div. 689, 150 N. Y. Supp. 376. Judgment atlirined, with costs.

KING, Appellant, v. CHAPIN, Respondent,

(Supreme Court, Appellate Division, First DeKELLOGG, Respondent, v. SCHMITZ, Appartment. April 30, 1915.). Action by William pellant. (Supreme Court, Appellate Division, H. King against Nathaniel D. Chapin. A. B. First Department. April 30, 1915.) Action by Cruikshank, of New York City, for appellant. Robert B. Kellogg against Val M. Schmitz. J. A. Stickney, of New York City, for respondent. S. McDonogh, of New York City, for appellant. No opinion. Judgment and order affirmed, with G. Tisne, of New York City, for respondent. No costs. Order filed. opinion. Order aflirmed, with $10 costs and disbursements. Order filed,

KINSELLA, Respondent, v. KINSELLA

UNITED PROPERTIES CO., Appellant (two KELLY, Respondent, v. BARON STEUBEN cases). (Supreme Court, Appellate Division, CO-OPERATIVE FIRE INS. CO., Appellant. First Department. March 19, 1915.) Actions (Supreme Court, Appellate Division, Fourth by Clinton W. Kinsella against the Kinsella Department. March 26, 1915.) Action by United Properties Company, J. W. Welsh, of George Kelly against the Baron Steuben Co- New York City, for appellant. L. E. Ginn, of operative Fire Insurance Company. No opin- New York City, for respondent. No opinion. ion. Judgment and order affirmed, with costs. Orders affirmed, with $10 costs and disburse

ments. Orders filed. KELLY, Appellant, v. WILLSEA WORKS, I respondent. (Supreme Court, Appellate Divi- KIZIS v. BROOKLYN HEIGHTS R. CO.

sion, Fourth Department. March 26, 1915.) In re RUGER. (Supreme Court, Appellate DiAction by John L. Kelly against the Willsea vision, Second Department. April 23, 1915.) Works. No opinion. Judgment and order af- Action by Joseph Kizis against the Brooklyn firmed, with costs.

Heights Railroad Company. In the matter of

Adolph Ruger. No opinion. Order atbrmed, KELSEY SMITH & Co. v. DOUGLAS et with $10 costs and disbursements. al. (Supreme Court, Appellate Division, Second Department. March 26, 1915.) Action by KLAPPERT v. ETTAR REALTY CO. (SuKelsey Smith & Co. against William H. Doug- preme Court, Appellate Division, First Departlas and others. No opinion. Motion denied in ment. April 16, 1915.) Action by Emil W. all respects without costs. Leave to appeal Klappert against the Ettar Realty Company. (from 151 N. Y. Supp. 549) to the Court of Ap- No opinion, Motion denied, with $10 costs. peals is unnecessary.

Order filed. 152 N.I.S.-71

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