dition that appellant file with this court and serve upon respondents' attorney the case and papers on appeal, including brief, on or before January 23, 1915, and, at the option of the respondents, that the case be placed upon the day calendar for argument for January 26, 1915. See, also, 87 Misc. Rep. 592, 149 N. Y. Supp. 964. LAMBERT, J., not sitting. VORON v. CHAIT. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by Isaac Voron against Sabbatia Chait. No opinion. Motion denied, without costs. Order filed. See, also, 150 N. Y. Supp. 1116; 151 N. Y. Supp. 1149. VORON, Respondent, v. CHAIT, Appellant, et al. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by Isaac Voron against Sabbatia Chait, impleaded with others. A. C. Cass, of New York City, for appellant. A. Thain, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 150 N. Y. Supp. 1116; 151 N. Y. Supp. 1149. WALGROVE V. DOUGLASS. (Supreme Court, Appellate Division, Second Department. December 31, 1914.) Action by Effingham I. Walgrove against Walter Douglass. PER CURIAM. The question whether the title is marketable depends upon the "validity of the appointment of the general trustees in the earlier action, and in the absence of persons who were interested in the land we decline to determine that question. The proceedings are dismissed, without costs. WANDS, Appellant, v. MOORE, et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by Aaron M. Wands against Frank Moore and others. No opinion. Motion granted, and appeal dismissed, with costs. WARD, Respondent, v. INTERNATIONAL RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 27, 1915.) Action by Maud A. Ward against the International Railway Company. No opinion. Judgment and order affirmed, with costs. See, also, 151 N. Y. Supp. 1149. WARD, Respondent, v. INTERNATIONAL RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Maude A. Ward against the International Railway Company. No opinion. Motion for reargument (of 151 N. Y. Supp. 1149) denied, with $10 costs. Motion for leave to appeal to Court of Appeals denied. In re WARREN et al. (Supreme Court, Appellate Division, Fourth Department. January 20, 1915.) In the matter of the application of Arthur Warren and others, as taxpayers of the Town of Brighton, etc. No opinion. Judgment affirmed, with costs. WARTELS v. AUGENBLICK et al. (Supreme Court, Appellate Division, First Department, January 29, 1915.) Action by Aaron Wartels against Samuel Augenblick and others, impleaded, etc. L. S. Lewkowitz, of New York City, for appellant. S. J. Block, of New York City, for respondent. No opinion. Order affirmed with $10 costs and disbursements. Order filed. WEAVER, Appellant, v. QUINN, Respondent. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Isabella L. Weaver against James B. Quinn. C. J. Katzenstein, of New York City, for appellant. H. B. Lewis, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. WEIDENFELD v. ADAMS et al. (Supreme Court, Appellate Division, Second Department. February 19, 1915.) Action by Camille Weidenfeld against Alfredo B. Adams and another. PER CURIAM. Motion denied. PUTNAM, J., not voting. WERNER, Appellant, v. SMITH, Respondent. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Arthur M. Werner against Henry Smith. H. S. Dottenheim, of New York City, for appellant. J. S. Darcy, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. WESTCOTT v. OTIS ELEVATOR CO. | pellant comply with terms stated in order. Or(Supreme Court, Appellate Division, First De- der filed. partment. January 29, 1915.) Action by Emma Westcott, as administratrix, against the Otis Elevator Company. No opinion. Motion to dismiss appeal granted, with $10 costs. Or der filed. WESTON et al. V. WATTS. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by Walter Weston and others against James R. Watts. No opinion. Motion denied, with $10 costs. Order filed. See, also, 149 N. Y. Supp. 1118. WHEELER, Respondent, v. TOWN OF BARKER, Appellant. (Supreme Court, Appellate Division, Third Department. January 6, 1915.) Action by Sheldon S. Wheeler against the Town of Barker. & CO., Appellant. (Supreme Court, Appellate WILLIAMSON, Respondent, v. C. P. FORD Division, Fourth Department. January 6, 1915.) Action by Georgia Williamson against the C. P. Ford & Company. No opinion. Judgment and order affirmed, with costs. WILLMARTH, Appellant, v. FIRST BAPTIST CHURCH OF SIDNEY, N. Y., Respondent. (Supreme Court, Appellate Division, Third Department. March 3, 1915.) Action by I. J. Willmarth against the First Baptist Church of Sidney, N. Y. No opinion. Judgment unanimously affirmed, with costs. WILLSON & ADAMS CO. v. MACK PAVING & CONST. CO. et al. (Supreme Court, PER CURIAM. Judgment and order affirm- Appellate Division, Second Department. Febed, with costs. LYON, J., not voting. WHEELER, Appellant, v. UNIVERSAL MOTOR TRUCK CO. et al., Respondents. (Supreme Court, Appellate Division, First Department. January 29, 1915.) Action by George W. Wheeler against the Universal Motor Truck Company and others. G. Lange, Jr., of New York City, for appellant. C. D. Fran cis, of New York City, for respondents. PER CURIAM. Order affirmed, with $10 costs and disbursements, with leave to plaintiff serve amended complaint on payment of costs. Order filed. to LAUGHLIN, J., dissents. WIENER v. ROSS. (Supreme Court, Appellate Division, First Department. January 15, 1915.) Action by Moses A. Wiener against Louis Ross. No opinion. Application granted. Order signed. WILKINSON, Respondent, v. NIAGARA FALLS GAS & ELECTRIC CO. et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. January 6, 1915.) Action by Lillian Wilkinson, as administratrix, etc., against the Niagara Falls Gas & Electric Company, impleaded with another. PER CURIAM. Order modified, by limiting the examination to the facts respecting the death of plaintiff's intestate and the surrounding circumstances, and of the rules and method of doing the work and conducting the defendant's station, and of all the matters particularly set forth in the 7th paragraph of plaintiff's affidavit, and, as so modified, the order is affirmed, without costs of this appeal to either party. WILLIAMSBURG IRON & WIRE WORKS, Inc., v. KUHN et al. (Supreme Court, Appellate Division, First Department. February 11, 1915.) Action by the Williamsburg Iron & Wire Works, Incorporated, against John F. Kuhn and others. No opinion. Motion to dismiss appeal granted, with $10 costs, unless ap ruary 26, 1915.) Action by the Willson & Adams Company against the Mack Paving & Construction Company and another. PER CURIAM. Judgment affirmed, with costs, on the authority of Willson & Adams Co. v. Mack Paving & C. Co., 147 App. Div. 141, 132 N. Y. Supp. 297. See, also, 78 Misc. Rep. 441, 138 N. Y. Supp. 407. BURR, J., not voting. In re WILSON (two cases). (Supreme Court, Appellate Division, Second Department. January 15, 1915.) In the matter of the application of Robert H. Wilson, an attorney. In the matter of the charges against Robert H. Wilson, an attorney. No opinion. Order of reference made to Hon. George C. Holt, in place of Hon. John Clinton Gray, resigned. See, also, 150 N. Y. Supp. 1118. WILSON, Appellant, v. AGER et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. January 27, 1915.) Action by Homer E. Wilson against C. Leonard J. Ager and another. No opinion. Judgment affirmed, with costs. In re WILSON'S ESTATE. (Supreme Court, Appellate Division, First Department. January 22, 1915.) In the matter of the application for the discharge of the committee of the estate of Emma J. Wilson, an alleged incompetent person, in which Clara Miller, as committee, etc., appeals. PER CURIAM. The petitioner's brother or sister do not wish to take charge of her, and the hospital deems itself discharged. The sister alone seems to have any interest to participate in the proceeding. The condition is not entirely satisfactory, but, as the court below presumably acted with necessary discretion, this order is If the petitioner beaffirmed, without costs. comes homeless and incompetent, proceedings can be taken for her protection. WINSLOW, Appellant, v. JEFFREY, Respondent. (Supreme Court, Appellate Division, Fourth Department. March 3, 1915.) Action by Catherine H. Winslow against Henry Jeff- | summary by plaintiff's counsel should have been rey. No opinion. Judgment affirmed, with disregarded. costs. WINTERER, Respondent, v. BAECHTOLD, Appellant. (Supreme Court, Appellate Division, First Department. February 19, 1915.) Action by Louise Winterer against Charles A. Baechtold. C. E. Francis, of New York City, for appellant. E. M. Wilcox, for respondent. No opinion. Judgment affirmed, with costs. Order tiled. YOUNG, Appellant, v. WENZ et al., Re spondents. (Supreme Court, Appellate Division, Second Department. January 15, 1915.) Action by Henry G. Young against Jacob Wenz and another. No opinion. Judgment affirmed, with costs. YOUSEY, Respondent, v. QUEEN INS. CO OF AMERICA, Appellant. (Supreme Court, Appellate Division, Fourth Department. January 29, 1915.) Action by Peter Yousey against the Queen Insurance Company of America. No opinion. Judgment (148 N. Y. Supp. 125) and order affirmed, with costs. WISSBACH v. TERRY & TENCH CO., Inc. (Supreme Court, Appellate Division, Second Department. January 22, 1915.) Action by Philip Wissbach, as administrator, etc., of Ernest C. Wissbach, deceased, against the Terry & Tench Company, Incorporated. No opin- YUNG v. BLAKE. (Supreme Court, Apion. Plaintiff's exceptions overruled, and judg-pellate Division, First Department. October ment unanimously directed for defendant on the 30, 1914.) Action by Charles Yung against nonsuit, with costs. Anna M. Blake. No opinion. Motion denied. Order filed. Memorandum for counsel only. 557. Jan WYLLYS CO. v. NIXON. (Supreme Court, See, also, 163 App. Div. 501, 148 N. Y. Supp. Appellate Division, First Department. uary 29, 1915.) Action by the Wyllys Company against Lewis Nixon. No opinion. Motion denied, with $10 costs. Order filed. See, also, 150 N. Y. Supp. 944. YAGEL v. JONES & CO. (Supreme Court, Appellate Division, Third Department. January 6, 1915.) Action by George Yagel against Jones & Co. No opinion. . Motion granted by default. YATES v. DELAP et al. (Supreme Court, Appellate Division, Second Department. February 5, 1915.) Action by Mary L. Yates against Peter B. Delap and another, as executors, etc., of Sarah J. Delap, deceased. No opinion. Judgment affirmed, with costs. YOUNG, Appellant, v. McGRAW, Respondent. (Supreme Court, Appellate Division, Fourth Department. January 27, 1915.) Action by James A. Young against William McGraw. PER CURIAM. Judgment of County Court reversed, and judgment of Justice's Court affirmed, with costs in this court and county court to the plaintiff. Held that, upon the merits, the plaintiff clearly was entitled to the judgment rendered, and that, under the circumstances disclosed by the record, the error, if any, in denying defendant's application for leave to present his summary to the jury after the ZIMMERMAN et al. v. SONNENSCHEIN et al. (No. 6948.) (Supreme Court, Appellate Division, First Department. February 26, 1915.) Appeal from Special Term, New York County. Action by Joseph Zimmerman and others against Benjamin Sonnenschein and others. From an order striking out the answer as frivolous, certain defendants appeal. Reversed, and motion denied. Louis Joseph, of New York City, for appellants. Bernard Breitbart, of New York City, for respondents. PER CURIAM. The defense of usury is sufficiently pleaded to resist a motion to strike out The order should be the answer as frivolous. reversed, with $10 costs and disbursements, and the motion denied, without costs. END OF CASES IN VOL. 151 THIS IS A KEY-NUMBER INDEX It Supplements the Decennial Digest, the Key-Number Series and ABATEMENT. See Nuisance, §§ 85, 96. ABUTTING OWNERS. See Courts, § 93. ACCEPTANCE. See Contracts, § 24. ACCOMMODATION PAPER. See Bills and Notes. ACCORD AND SATISFACTION. See Release. ACCOUNT. for having all accrued after the surviving partner's death.-Sturmwald v. Poppe, 151 N. Y. S. 570. seeks § 48 (N.Y.Sup.) A complaint which damages for breach of a contract, and also asks that it be declared void for fraud, states two inconsistent causes of action.-Hunt V. Armstrong, 151 N. Y. S. 850. IV. COMMENCEMENT, PROSECUTION, $65 (N.Y.Sup.) Assignment of a claim for shortage of land conveyed held not to sustain any right in the assignee to maintain a suit instituted before the assignment.-Fairchild v. Scarsdale Estates, 151 N. Y. S. 1042. ADJOINING LANDOWNERS. See Boundaries. ADMINISTRATION. See Account Stated: Assignments for Benefit ACCOUNT STATED. See Bills and Notes, § 103; Payment, § 86. § 12 (N.Y.Sup.) Where an account stated was impeached for fraud, the referee properly declined to restate the account, eliminating the objectionable items.-Stiebel v. Lissberger, 151 N. Y. S. 822. ACTION. I. GROUNDS AND CONDITIONS PRE- See Shipping. ADMIRALTY. ADMISSIONS. See Criminal Law, §§ 406-420; Evidence, §§ See Divorce, § 129. $12 (N.Y.Sup.) That plaintiff was a member See III. JOINDER, SPLITTING, CONSOLI- recover ADVERSE CLAIM. Quieting Title. ADVERSE POSSESSION. I. NATURE AND REQUISITES. (B) Actual Possession. § 19 (N.Y.Sup.) Under Code Civ. Proc. § 372, construction of building is an "inclosure" of the ground on which it stands.-Green v. Horn, 151 N. Y. S. 215. § 48 (N.Y.Sup.) In action to payments which deceased partner's will directed surviving partner to make, held, that causes of action were not improperly united; the sums sued For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER 151 N.Y.S.-73 § 20 (N.Y.Sup.) Under Code Civ. Proc. § 372, construction of building is an "improvement' (1153) |