Volume 106 — New York Supplement

<p>Action by Anna Sparks against the city of North Tonawanda. Judgment for plaintiff. On motion for new trial, motion denied.</p>

<p>Appeal from Special Term, Kings County.</p> <p>Action by John E. Phillips against the Brooklyn Union Elevated Railroad Company and another. From a judgment for plaintiff, defendants appeal. Modified and affirmed.</p>

<p>Appeal from Special Term, Kings County.</p> <p>Action by Oliver J. Wells against the Brooklyn Union Elevated Railroad Company and another. From a judgment for plaintiff, defendants appeal. Modified and affirmed..</p>

Action by Guy W. Spears against Elizabeth Sorge to recover for work, labor, and services in building a cement walk. The defendant having filed an offer of judgment for a specified amount, the plaintiff recovered less than the offer. Two judgments were entered by the justice—one for damages and costs to time of offer in favor of the plaintiff, and one in favor of the defendant for costs from time of offer. Plaintiff appeals.

<p>Application by the people, on relation of one Estoff, for a peremptory writ of mandamus to compel one Chamberlain, superintendent of the poor, to. remove relator’s bastard child to the almshouse and .maintain it there until its discharge in accordance with law. Writ granted.</p>

Two applications by Edward D. Peters for mandamus—the first against Robert B. Adam and others, constituting the civil service commission of Buffalo, to compel certification of pay rolls; the second against the same defendants, and in addition James N. Adam, mayor of Buffalo, and Charles F. Milliken and others, constituting the state civil service commission. Writs allowed.

<p>Appeal from Justice Court.</p> <p>Action by the Hapgoods against James P. Barrett. From a judgment for plaintiff, defendant appeals. Reversed.</p>

<p>Appeal from Special Term, Westchester County.</p> <p>Certiorari to review the action of the assessors of the town of Corflandt, in Westchester county, in assessing mortgages of relators for general taxation. From a judgment dismissing the writ, relators appeal. Affirmed.</p>

<p>Appeal from Special Term.</p> <p>Action by the Coin Novelty Company against Solomon Lindenborn.. ■From an order denying a motion to vacate an order for the examination of defendant before trial, and for the production of certain books-- and papers for inspection, defendant appeals. Modified and affirmed.</p>

<p>Appeal from Special Term, Erie County.</p> <p>Petition by the Terminal Railway of Buffalo, under Railroad Daw, Laws 1897, pp. 794, 796, c. 754, §§ 60, 62, for the establishment of highway crossings in the town of West Seneca. From a determination of the board of railroad commissioners, the town of West Seneca appeals. Affirmed.</p>

<p>In the matter of the judicial "settlement of C. Fred Campbell, administrator of Francesco Rocco. Proceedings dismissed.</p>

Action by Jas. A. Stappers against the Interurban Street Railway Company. Verdict for plaintiff, and defendant moves to set the same aside and to dismiss the complaint. Motion denied.

<p>Action by Israel Eisenstein against the Old Dominion Steamship Company. Motion for an order placing the cause on the special calendar. Granted.</p>

<p>Action by the New York Evening Journal Publishing Company against the William E. Simpson Advertising Agency. Motions to direct a verdict for plaintiff and to set aside a verdict for defendant. Denied.</p>

<p>Tendeb—Sufficiency.</p> <p>Though, in an action on a composition agreement, a tender must be kept" good to be available, yet, where a composition agreement is set up as a defense to a common-law action on the original obligation, and tender thereunder is shown, the tender need not be kept good, where the same-was refused.</p> <p>[Ed. Note.—For cases in point, see Cent. Dig. vol. 45, Tender, §§ 55-58.]</p>

<p>Appeal from Special Term.</p> <p>Action by Louis Bauer against Henrietta M. Parker, as executrix of John L. Macaulay, impleaded with others. From an order denying a motion to dismiss the complaint for failure to prosecute, defendants appeal. Affirmed.-</p>

<p>i Petition to revoke a liquor tax certificate issued to Joseph H. Brady. Granted.</p>

Action by the John Simmons Company against Edward L. Shattuck. Plaintiff .moves to place the cause on special calendar under rule 2 of the City Court of New York. Motion denied, with leave tq renew.

Action by Ignatz Sohman against the Metropolitan Street Railway Company. Verdict for plaintiff, and defendant moves to set the same aside. Motion denied.

<p>Appeal from Special Term.</p> <p>Application of Martin Louis Ungrich for the payment of certain moneys out of the trust created by the will of Henry Ungrich, deceased. From so much of an order of the Special Term as directed Henry Ungrich, Jr., and another as executors, etc., forthwith to pay petitioner the sum of $2,919.20, “without prejudice to the rights of any of the parties to the action,” the executors appeal. Modified and affirmed.</p>

Action by Maud W. Adams against Frederick T. Adams for divorce. After interlocutory judgment for plaintiff, defendant applies for the entry of final judgment. Plaintiff resists the application, and asks to discontinue the action. Defendant’s application denied. Application to discontinue continued.

<p>Action by Arthur G. Field Moser against Edith H. Ellis and others. Motion to set aside a referee’s sale. Granted.</p>

<p>Appeal from Municipal Court, Borough of Manhattan, First District.</p> <p>Action by the Simon-Lichtenstein-Pachner Company against Morris Starrells. From a judgment for plaintiff, and dismissing defendant’s counterclaim, defendant appeals. Reversed, and a new trial ordered.</p>

<p>Appeal from Municipal Court, Borough of Manhattan, Fourth District.</p> <p>Action by Morris Glabman against the Union Railway Company of New York City. From a judgment for defendant, plaintiff appeals. Reversed, and new trial ordered.</p>

Action by Isidor Goldman against Joseph Matzger. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Reversed, and new trial ordered.

<p>Divobce—Issues bob Jury.</p> <p>There is no authority for submitting to a jury the issue in a divorce suit as to whether the parties were married at a certain time and place; such submission being proper in such a suit only as to the issue of adultery.</p> <p>[Ed. Note.—For cases in point, see Cent. Dig. vol. 17, Divorce, § 484.]</p>

<p>Elections—Primary Elections—Recanvass—Judicial Review.</p> <p>Under Primary Election Law, Laws 1898, p. 356, c. 179, § 12, conferring on the court the right to review by mandamus or certiorari or in a summary manner the action of primary election inspectors, etc., on complaint of any citizen, the court' has jurisdiction to review the action of primary election inspectors, set aside a canvass, and direct a recanvass.</p> <p>This is an application made to set aside the returns of the canvass made by the board of Republican primary inspectors of the Eleventh and Twelfth election districts of the First assembly district of New York county, and for the court or one of the justices thereof to adjudge the true result, and to that end order the board of election to produce, before the court or one of the justices thereof, the returns as filed by said board of inspectors, and the ballot box or boxes containing the ballots voted at said primary election, and also the package containing the void and protested ballots, and, further, that said board of inspectors be directed to reconvene and make and sign a true statement of the result, and forthwith file the same, and that the board of election be directed to canvass the corrected statement to be made by the said board of primary inspectors, and correct their canvass in accordance therewith, and issue a certificate of election to the person lawfully entitled thereto. Objection was made to the jurisdiction of the court to entertain the proceeding.</p>

Supplementary proceedings by Elíseo Saggese, judgment creditor, against Salvatore Virgilio. From an order of the New York City Court, punishing defendant for contempt for false swearing, he appeals. Reversed.

Louis Soloman was convicted of being intoxicated in a public place, and he appeals. Appeal dismissed, unless appellant applies for an amended return.

<p>Action by the Avon Springs Sanitarium Company against J. Francis Kellogg.</p>

<p>Action by Gerson Bieber against Lewis Goldberg, impleaded with others.</p>

<p>Action by Henry Clothier, j an infant, by Harry J. Raymond, his guardian ! ad litem, against the Hudson River Telephone ¡ Company.</p>

<p>Action by Cora Stryker Connor against Robert B. Orr and others.</p>

<p>Action by the Columbus Trust Company against George Moshier.</p>

<p>Action by Edward Dinkelspiel against the New York Evening Journal. C. J. Sheam, for appellant. B. F. Einstein, for respondent.</p>

<p>Action by Joseph H. Harkow against the New York City Railway Company.</p>

<p>Action by A. Mathilde Jahn and another as executrix etc, of Gustave A. Jahn, against De Elbert A. Reynolds and another.</p>

<p>Action by Carrie Jones, against Jesse Jones, as executrix, etc.</p>

<p>Action by Albert M. Kingsley, as administrator, etc., of Howard M. Kingsley, deceased, against Finch, Pruyn & Co., incorporated.</p>

<p>In the matter of the probate of the last will and testament of Jane Ann Marlor, deceased..</p>

<p>Habeas corpus by the people of the state of New York, on relation of Mary Wilson, against one Flynn, as warden of the city prison of the city of New York. Writ granted. Relator discharged.</p>

Action by Susan F. Robinson against Caroline Kelso and Edna D. Jones, individually and as administratrix with the will annexed of the-goods, etc., of John S. Kelso, deceased.

<p>In the matter of Louis P. Rupp and others.</p>

<p>Action by Edwin J. Selley and another against the Irish Industrial Exposition & Amusement Company. T. M. Tyng, for appellant. L. M. Berkeley, for respondents.</p>

<p>Action by the State Board of Pharmacy against Gardiner D. Matthews and another. B. B. Wise, for appellants. H. A. Herold, for respondent.</p>

<p>In the matter of the street between Bayview avenue & Bldert avenue, iñ thé Fifth Ward, borough of Queens, in city of New York.</p>

<p>Action by C. Pamelia Spicer against Wilson H. Stryker and others.</p>

<p>Action by the village of Ft. Edward against the Hudson Valley Railway Company and another.</p>

<p>Action by the William P. Rae Company against Peter F. Kane, and others.</p>

<p>Action by William P. Williams against the First National Bank of Utica, N. Y.</p>

<p>Action by Thomas Wixted against the Nassau Electric Railroad Company.</p>