PIERCE V. MacFARLAND. (Supreme Court, Appellate Term, First Department. March 18, 1915.) Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Henry Havelock Pierce against Robert J. MacFarland. Judgment for defendant, and plaintiff appeals. Reversed. Russell Lord Tarbox, of New York City, for appellant. v. Mc-Herbert McKennis, of New York City, for respondent. PEOPLE ex rel. BUDDEMEYER KAY, Respondent. (Supreme Court, Appellate Division, First Department. March 26, 1915.) Proceeding by the People of the State of New York, on the relation of Frederick A. Buddemeyer, against Douglas I. McKay, as Commissioner, etc. F. J. Sullivan, of New York City, for relator. T. Farley, of New York City, for respondent. No opinion. Writ dismissed, and proceedings affirmed, with $50 costs and disbursements. Order filed. PEOPLE ex rel. TOWN OF PELHAM et al. V. VILLAGE OF PELHAM et al. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Proceeding by the l'eople of the State of New York, on the relation of the Town of Pelham and another, against the Village of Pelham and another. No opinion. Submission dismissed, without costs. See, also, 152 N. Y. Supp. 428. PHALEN v. RAE. (Supreme Court, Appellate Division, Third Department. May 5, 1915.) Action by Victoria Phalen, as administratrix, etc., of John Phalen, deceased, against Walter S. Rae and the New York Central & Hudson River Railroad Company. PER CURIAM. Judgment and order affirmed, with costs. SMITH, P. J., and KELLOGG, J., dissent. PIERCE, Respondent, v. WILLETS, Appellant. (Supreme Court, Appellate Division, 152 N.Y.S.-72 PENDLETON, J. The action is for work, labor, and services and an account stated. The answer was a general denial, an offer to pay $100, and a payment of $100 after action brought. Defendant was called as a witness, and admitted an agreement to pay $100. This was not only evidence entitling plaintiff to judgment for that amount, at least, but also, perhaps, some evidence of authority conferred by him to give the original order. The judgment for defendant should be reversed, and a new trial ordered; costs to appellant to abide the event. GUY, J., concurs. SHEARN, J., dissents. PINAFEATHER, Respondent, v. MASSACHUSETTS ACCIDENT CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 17, 1915.) Action by Mary Pinafeather against the Massachusetts Accident Company. No opinion. Judgment affirmed, with costs. PLATT, Respondent, v. J. M. GREIG CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 17, 1915.) Action by J. Mills Platt against the J. M. Greig Company. No opinion. Motion to dismiss appeal granted, unless appellant serve briefs and stipulate to argue the appeal on March 25th. PORTER, Respondent, v. PORTER, Appel- Action by George Prowski, as administratër. lant. (Supreme Court, Appellate Division, etc., against the Erie Railroad Company. First Department. April 1, 1915.) Action by opinion. Judgment and order afirmed, with Josephine F. B. Porter against David B. Porter. costs. M. B. Clarke, of New York City, for appellant. E. J. Welch, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. POST & MCCORD v. CITY OF NEW YORK et al. (Supreme Court, Appellate Division, First Department. January 22, 1915.) Action by Post & McCord against the City of New York and others. D. Cady Herrick, of Albany, and M. W. Norman, of New York City, for ap pellants. M. L. Schallek, of New York City, for respondents. PER CURIAM. Judgment (in 86 Misc. Rep. 300, 148 N. Y. Supp. 56S) affirmed, with costs. Order filed. INGRAHAM, P. J., and HOTCHKISS, J., dissent, so far as the decision sustains the assignment made to the Coal & Iron National Bank, upon the ground that that assignment was made by the New York State Construction Company with intent to create a preference. POWERS, Appellant, v. LAWYERS' TITLE INS. & TRUST CO., Respondent. (Supreme Court, Appellate Division, Second Department. March 5, 1915.) Action by Addie J. Powers, as executrix, etc., of Thomas H. Mallon, deceased, against the Lawyers' Title Insurance & Trust Company. No opinion. Order affirmed, with $10 costs and disbursements. PRESBERGER, Appellant, v. MECHANICS' BANK, BROOKLYN, Respondent. (Supreme Court, Appellate Division, First Department. March 26, 1915.) Action by Mendel Presberger against the Mechanics' Bank, Brooklyn. C. J. Heermance, of New York City, for appellant. II. L. Moses, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. PRESIMONE, Respondent, v. SCOCCO, Appellant, et al. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Rosario Presimone against Rocco Scocco, impleaded with others. B. Patterson, of New York City, for appellant. J. R. Damico, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. PRING, Respondent, v. THORP, Appellant. (Supreme Court, Appellate Division, First Department. April 1, 1915.) Action by Frederick Pring against Richard C. Thorp. R. W. Candler, of New York City, for appellant. M. Kellogg, of New York City, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Order filed. See, also, 152 N. Y. Supp. 469. PROWSKI, Respondent, v. ERIE R. CO., Appellant. (Supreme Court. Appellate Division, Fourth Department. March 26, 1915.) In re PUBLIC SERVICE COMMISSION (LEXINGTON AVE. ROUTE). (Supple Court, Appellate Division, First Depar November 13, 1914.) In the matter of the Public Service Commission. No opinion. App cation granted. Settle order on notice. Mis orandum per curiam. In re PUBLIC SERVICE COMMISSION, (Supreme Court, Appellate Division, Second De partment. April 23, 1915.) In the matter the application of the Public Service Cons sion, etc., relative to acquiring certain lots, et at the foot of Montague street, in the berc of Brooklyn, etc., wherein the New York D Company appeals. No opinion. Order in S Misc. Rep. 643, 152 N. Y. Supp. 365) affirmet with $10 costs and disbursements. PUMA, Appellant, v. SOUTHERN PAC PURCELL v. HICKEY (three cases). (St preme Court, Appellate Division, First Deran ment. March 19, 1915.) Action by John F. Purcell, as administrator against Barbara E Hickey, as administratrix. No opinion. Metions granted, unless appellant complies wit terms stated in order. Orders filed. PYE, Appellant, v. PYE, Respondent. (Spreme Court, Appellate Division, Fourth I partment. March 26, 1915.) Action by Mar garet A. Pye against Frank Pye. No opini Order affirmed, without costs. See, also, 15! N. Y. Supp. 564. PYNCHON v. MENDHAM. E. A. POLAK REALTY CO. v. BLUM. INDIA WHARE BREWING CO. V. WASSER. (Supreme Court, Appellate Division, First Department April 1, 1915.) Actions by Mary Pynchon against Louis P. Mendham, by the E. A. Pok Realty Company against Susan E. Blum, a by the India Wharf Brewing Company against David Wasser. No opinion. Applications de nied, with $10 costs. Orders signed. QUINBY, Respondent, v. STALLO, Appel lant. (Supreme Court, Appellate Division, First Department. May 7, 1915.) Action by Henry C. Quinby against Edmund K. Stallo. N. Rock wood, of New York City, for appellant. G. E Joseph, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. QUINCEY v. BOYD. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Charles E. Quincey, Jr., against William B. Boyd. No opinion. Motion granted, unless appellant complies with terms stated in order. Order filed. RAFTERY, Appellant, v. CARTER et al., Respondents. (Supreme Court, Appellate Division, First Department. March 12, 1915.) Action by George A. Raftery against John B. Carter and others. H. M. Hitchings, of New York City, for appellant. B. Tolles, of New York City, for respondents. No opinion. Judgment and orders affirmed, with costs. Order filed. See, also, 162 App. Div. 17, 147 N. Y. Supp. 271. RAMBAUT v. TEVIS. (Supreme Court, Appellate Division, First Department. April 16, 1915.) Action by Thomas D. Rambaut against William S. Tevis. PER CURIAM. Motion granted, on plaintiff's giving stipulation that if, on appeal to the Court of Appeals, the order appealed from is affirmed, or the appeal dismissed or withdrawn, defendant shall have judgment absolute dismissing the complaint. See, also, 164 App. Div. 324, 149 N. Y. Supp. 993. law and ineffectual to sustain the judgment here in review; (3) that the judgment is contrary to law. READ v. NEW YORK CENT. & H. R. R. REDDY, Respondent, v. SILVERMAN et al., REID, Appellant, v. WUERFEL et al., Respondents. (Supreme Court, Appellate Division, First Department. March 12, 1915.) Action by James P. Reid, as administrator, against Gustave Wuerfel and another. W. E. Murphy, of New York City, for appellant. J. W. Bryant, of New York City, for respondents. opinion. Appeal dismissed, with $10 costs and disbursements, on the ground that the order is not appealable. Order filed. See, also, 151 N. Y. Supp. 1141. No RAND, Respondent, v. PUBLIC BANK OF NEW YORK CITY, Appellant. (Supreme Court, Appellate Division, First Department. March 26, 1915.) Action by Jacob H. Rand REILLY, Respondent, v. BARRETT, Appelagainst the Public Bank of New York City. H. lant. (Supreme Court, Appellate Division, SecL. Moses, of New York City, for appellant. M. ond Department. April 1, 1915.) Action by Krieger, of New York City, for respondent. William F. Reilly against William M. Barrett, PER CURIAM. Judgment affirmed, with as president of the Adams Express Company. costs, with leave to defendant to amend on pay-affirmed, with costs. See, also, 151 N. Y. Supp. No opinion. Judgment and order unanimously ment of costs. Order filed. MCLAUGHLIN and SCOTT, JJ., dissent, on the ground that the complaint states no cause of action. RANDOLPH v. FIELD. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Mary Randolph against Armstead W. Field. No opinion. Motion granted; question certified; order filed. See, also, 151 N. Y. Supp. 1141. RAPELYE, Appellant, v. COUPE et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. March 17, 1915.) Action by George C. Rapelye against Leo O. Coupe and another, as administrators, etc., and trustees of First Welsh Congregational Society of Deerfield. PER CURIAM. Judgment affirmed, with costs. 1141; 152 N. Y. Supp. 1139. REILLY, Respondent, v. BARRETT, Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by William F. Reilly against William M. Barrett, as president, etc. No opinion. Motion for leave to appeal to the Court of Appeals denied. See, also, 152 N. Y. Supp. 1139. REISS, Appellant, v. DAY, Respondent. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by Sigmund Reiss against Joseph P. Day. No opinion. Order affirmed, with $10 costs and disbursements. RENAUT v. CITY OF NEW YORK et al. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by Amanda Renaut against the City of New York, impleaded with others. T. Farley, of New York City, for appellant. No opinion. Order affirmed. Order filed. LAMBERT, J., dissents, upon the grounds: (1) That there is no proof in the case supporting or tending to support the sixth, seventh, and eighth findings of fact; (2) that the conclusions RICE et al. v. MINER. (Supreme Court, Apof law numbered consecutively and inclusive pellate Division, First Department. April 16, of findings first to eighth are without warrant of 1915.) Action by Sam Rice and others against RICH et al., Respondents, v. HOWARD, Appellant. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by Solomon Rich and another, copartners, etc., against Thomas Howard. No opinion. Order of the County Court of Kings County affirmed, with $10 costs and disbursements. RICHARDS, Appellant, v. RICHARDS, Respondent. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Florence Richards against George Richards. A. F. Driscoll, of New York City, for appellant. A. B. Smith, of New York City, for respondent. No opinion. Order affirmed. Order filed. See, also, 87 Misc. Rep. 134, 149 N. Y. Supp. 1028. RICHMOND ASSETS COLLECTING CO., Respondent, v. GATES, Appellant, et al. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by the Richmond Assets Collecting Company against Dellora R. Gates, as executrix, etc., impleaded with oth ers. PER CURIAM. We think that the appellant, defending as the sole executrix of the will of her deceased husband, and who is without knowledge or information as to the allegations of the complaint, is entitled to the bill of particulars which she demanded. The order is reversed, with $10 costs and disbursements, and the motion is granted; plaintiff to have 30 days from the entry of the order on this appeal in which to serve a bill of particulars. See, also, 152 N. Y. Supp. 1140. RICHMOND ASSETS COLLECTING CO., Appellant, v. GATES, Respondent, et al. (Su preme Court, Appellate Division, Second Department. March 26, 1915.) Action by the Richmond Assets Collecting Company against Dellora R. Gates, as executrix, etc., impleaded with others. No opinion. Motion for stay granted, without costs. See, also, 152 N. Y. Supp. 1140. RICHMOND ASSETS COLLECTING CO., Appellant, v. GATES, Respondent, et al. (Supreme Court, Appellate Division, Second Department. April 23, 1915.) Action by the Richmond Assets Collecting Company against Dellora R. Gates, as executrix, etc., impleaded with Charles W. Morse and others. No opinion. Order affirmed, with $10 costs and disbursements. See, also, 152 N. Y. Supp. 1140. RICHMOND, W. & C. RY. CO., Respondent, v. NORTHERN NECK CONST. CO., Appel lant. (Supreme Court, Appellate Division, First Department. March 12, 1915.) Action by the Richmond, Washington & Chesapeake Railway Company against the Northern Neck Construe tion Company. H. S. Hooker, of New York City, for appellant. J. B. Doyle, of New York City, for respondent. No opinion. Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer on pay. ment of costs. Order filed. RIVIERA REALTY CO., Appellant, v. IL LINOIS SURETY CO., Respondent. (Sopreme Court, Appellate Division, First Department. April 16, 1915.) Action by the Riviera Realty Company against the Illinois Surety Company. S. Kohn, of New York City, for ap pellant. L. L. Kellogg, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. Se, also, 165 App. Div. 114, 150 N. Y. Supp. 616 R. J. HORNER & CO., Respondents, v. (Supreme LAWRENCE et al., Appellants. Court, Appellate Division, First Department January 22, 1915.) Action by R. J. Horner & Co. against William B. Lawrence and others. J. J. Curtin, of New York City, for appellants. R. L. Redfield, of New York City, for respond 95, 149 N. Y. Supp. 82) affirmed, with costs, No opinion. Judgment (86 Misc. Rep. with leave to defendants to amend answer on payment of costs. ents. Order filed. In re ROBITSCHER. (Supreme Court, Ap pellate Division, First Department. April 30, 1915.) In the matter of Frederick Robitscher deceased. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. ROCK ISLAND BUTTER CO., Respondent, v. ROWLAND, Appellant. (Supreme Court Appellate Division, First Department. Apri 23, 1915.) Action by the Rock Island Butter Company against James Rowland. D. Mc Curdy, of New York City, for appellant. F. C. Pitcher, of New York City, for respondent. No opinion. Judgment affirmed, with costs. Order filed. See, also, 153 App. Div. 898, 138 N. I. Supp. 1139; 157 App. Div. 919, 142 N. I. Supp. 1142. Court, Appellate Division, First Department. ROESSLE et al. v. HALSEY. (Supreme April 16, 1915.) Action by Nelly T. Roessle and others against Edwin B. Halsey. No opinion. Motion to dismiss appeal granted, with $10 costs. Order filed. ROOT v. PULITZER et al. (two cases). (Stpreme Court, Appellate Division, First Depart ment. April 16, 1915.) Action by W. Russe Root against Walter Pulitzer and others. Ne opinion. Motions to dismiss appeal granted, with $10 costs, unless appellant complies with terms stated in order. Order filed. See, also, 151 N. Y. Supp. 1142. ROVERE, Respondent, v. HIMMEL et al., No opinion. Order affirmed, by default, with Appellants. (Supreme Court, Appellate Divi- $10 costs and disbursements. See, also. 152 sion, Second Department. March 5, 1915.) N. Y. Supp. 1141. Action by Lee Rovere against Max Himmel and another. No opinion. Application denied, with $10 costs. RUTLAND LEASING CO. v. BROWN. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by the Rutland Leasing Company against William W. Brown. No opinion. Application denied, with $10 costs. Order signed. R. & L. CO., Appellant, v. FRAZER, Respondent. (Supreme Court, Appellate Division, First Department. April 30, 1915.) Action by the R. & L. Company against James S. Frazer. H. A. Rubino, of New York City, for appellant. S. H. Evins, of New York City, for respondent. PER CURIAM. Order modified, by striking out the word "thereto" after the words "sup plemental answer," and, as so modified, affirmed, with $10 costs and disbursements to the respondent. Settle order on notice. SACKIN, Respondent, v. GROSSMAN, Appellant. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Proceedings supplementary to execution by Bonet Sackin against Philip Grossman. No opinion. Order of the County Court of Kings County reversed, with $10 costs and disbursements, on the ground that the order should have been made by the County Judge, and not by the County Court. Code Civ. Proc. § 2457. In re ST. PAUL'S PLACE AND WASHINGTON AVE. (Supreme Court, Appellate Division, First Department. April 1, 1915.) In the matter of St. Paul's Place and Washington Avenue. No opinion. Referee's report confirmed; balance due to infants to be paid to their general guardian, when such guardian is duly appointed and has given the security required by law. Settle order on notice. SALOMON v. COHEN. (Supreme Court, Appellate Division, First Department. March 19, 1915.) Action by Walter J. Salomon against Frances A. H. Cohen. No opinion. Application denied, with $10 costs. Order signed. SAMUELS, Respondent, v. SAMUELS, Appellant. (Supreme Court, Appellate Division, Second Department. March 19, 1915.) Action by George Samuels against Mae F. Samuels. No opinion. Motion for stay granted, on condition that defendant perfect her appeal, place the case on the April calendar, and be ready for argument when reached; otherwise, motion denied. See, also, 152 N. Y. Supp. 1141. SAMUELS, Respondent, v. SAMUELS, Appellant. (Supreme Court, Appellate Division, Second Department. April 9, 1915.) Action by George Samuels against May F. Samuels. SAMUELS, Respondent, V. SOUTHERN PAC. CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 9, 1915.) Action by Henry Samuels against the Southern Pacific Company. No opinion. Order reversed on argument, with $10 costs and disbursements, and motion denied, with $10 costs. |
