Volume 53 — New York Supplement

Action by Truman 0. White against Huntington E. Kenyon. There was a judgment for plaintiff, and defendant appeals. This action was brought on the law side of the court, to recover damages alleged to have been sustained by the plaintiff by reason of a breach of an agreement entered into by the defendant in respect to certain mortgages-upon a parcel of real estate consisting of some 49 acres in Brie county, in which the plaintiff was interested as owner and as lienor.

■ Suit by the Buffalo Sc Lancaster Land Company against the Bellevue Land Sc Improvement Company for specific performance. Decree for plaintiff (47 N. Y. Supp. 721), and defendant appeals. In June, 1892, the defendant entered into an agreement in writing with Charles L. Woodbridge and others for the sale to them of certain lands situated in the town of Lancaster, Erie county; being parts of lots 94 and 95, township 10, range 6, of the Buffalo Greek Indian reservation.

<p>Breach op Contract—Performance by Plaintiff.</p> <p>In an action by a mother against her daughter to recover moneys paid by the former to the latter, the referee found that the plaintiff agreed to pay to defendant $2,000, to be used in building a house, in consideration of the defendant’s agreement to furnish the plaintiff with two rooms therein, and board, during life; that the house was built accordingly; and that the defendant was ready and willing to perform, but that the plaintiff had only paid $1,700, and he dismissed the case on the ground of plaintiff’s failure to- perform. There was also evidence from which he might have found that the defendant subsequently agreed to give the plaintiff a mortgage to secure payment of the interest on $1,700 during her life. Held, upon conflicting evidence, that these conclusions were justified, but that the judgment should be modified to make the dismissal without prejudice to a new action by plaintiff upon the contract, after-paying the $300 balance, or an action to compel the execution of a bond and mortgage.</p>

Action by Charles H. Reynolds against Katherine E. Reynolds. Defendant appealed from an order denying a new trial on the incoming of a referee’s report. The following is the opinion of the court below (WERNER, J.): “We are somewhat embarrassed in the consideration of this motion, by the fact that another motion, made upon the same grounds, was granted by this court.

<p>Action by Malvine Guthman against the Manhattan Railway Company to recover $15,000 damages by reason of defendant’s negligence. Plaintiff nonsuited.</p>

Application by August Beck for a peremptory writ of mandamus-against the board of supervisors of Erie county. From an order denying such application, he appeals.

<p>Action by William Leek, an infant, etc., against John Rudd, to recover damages for breach of contract.</p>

<p>Foreign Corporations—Right to Sue—Assignment op Claim.</p> <p>Under Laws 1892, c. 687, § 15, which provides that no foreign corporation, other than a moneyed corporation, doing bus'ness in New York, sha’I maintain an action on any contract made therein until it shall have procured from the secretary of state a certificate showing that it has complied with the laws governing such corporations, the assignee of a contract of a foreign manufacturing corporation which has failed to procure such certificate has no standing in the courts.</p>

<p>1. Attachment—Grounds—Warrant—Alternative Allegations.</p> <p>A recital in a warrant of attachment that the defendant has assigned, disposed of, or secreted his property is not objectionable as stating grounds of attachment alternatively.</p> <p>2. Same—Amendment of Warrant.</p> <p>Under Code Civ. Proe. § 723, providing that the court may, in furtherance of justice, amend any process, pleading, etc., a warrant of attachment reciting two of the statutory grounds of attachment in the alternative may be amended by substituting the word “and” for “or.”</p> <p>3. Same—Affidavit—Justness of Claim.</p> <p>Under the statute requiring- an affidavit for attachment to show that plaintiff is entitled to the amount claimed, over and above all counterclaims known to him, it is sufficient where it shows that a plaintiff, who is assignee of the original creditor’s cause of action, was the agent who received the order and sold the goods for which defendant is indebted, and who conducted all transactions concerning same, and that defendant acknowledged owing the sum claimed.</p> <p>4 Same—Foreign Corporations—Compliance with Law.</p> <p>Under Laws 1892, c. 687, § 15, providing that no foreign corporation shall maintain any action in New York on any contract made therein until it shall have procured a certificate to do business there, an affidavit for attachment, showing that plaintiff is assignee of a foreign corporation’s cause of action, must also show that his assignor has complied with said statute.</p>

<p>Injury to Employe—Liability oe Master.</p> <p>In an action to recover damages sustained by the death of the plaintiff’s intestate through the defendant’s alleged negligence, it appeared that the defendant was engaged in blasting rocks, and for that purpose maintained a steam boiler, which he employed the deceased to attend to, and which was placed in a cut in rocks which had been in their then condition for 20 years. The deceased fixed a seat and awning near by, and there was crushed by rocks which from some unknown cause became loosened and fell. It did not appear that the defendant had any reason to anticipate any danger. Held,, that the facts failed to establish negligence on the defendant’s part.</p>

<p>1. Corporations—Power on Directors—Contracts—Injunction.</p> <p>Directors authorized the execution of an agreement whereby the corporation was to purchase shares in another corporation through a trustee, with whom was to be deposited an amount in bonds as security for the payment of the outstanding indebtedness of the corporation whose stock was to be purchased. A mortgage was to be executed to secure new bonds issued to pay for the stock. The agreement stipulated that if, for any reason, the sale should fall through, the purchasing company was to pay to the assenting stockholders of the selling company $15,000 as liquidated damages. HcM, that a motion by a stockholder of the purchasing company to restrain, pendente lite, the execution of the agreement, • ■ would not be entertained until it became apparent that the directors intended to consummate the deal without obtaining the consent of the holders of two-thirds of the stock of the company, as required by Stock Corporation Law, § 2, which forbids the issuance of such a mortgage without such consent, except purchase-money mortgages.</p> <p>2. Same—Liquidated Damages.</p> <p>As the purchase involved nearly $2,000,000, $15,000 was a moderate amount to stipulate for damages for nonfulfillment by the purchasers.</p>

Action by Jennie L. Chatterton against Nellie Mar Chatterton,. individually and as executrix, and others. From a judgment sustaining a demurrer to the complaint, plaintiff appeals.

In the matter of the Grand Boulevard and Concourse. From an order confirming the report of commissioners, fixing and determining the damages sustained by a landowner for land taken for city purposes, Robert McCafferty appeals.

<p>Injunction—Breach op Covenant.</p> <p>Upon a motion for a temporary injunction in an action to enforce a covenant by the defendants not to sell candies except to jobbers, it was asserted by the defendants, and not denied, that the only candies deliv. red by them to retailers were single sample boxes, to advertise a new article, which contained cards stating that orders must come through jobbers, field, that a denial of the motion was within the discretion of the court.</p>

<p>Appeal from special term, New York county.</p> <p>Action by Chauncey O. Hewitt against Joshua F. Hazard. From an order denying defendant’s motion to open a default, he appeals.</p>

<p>Appeal from special term, New York county.</p> <p>Action by Adolph Goldmark against the Magnolia Metal Company and another. From an order requiring defendants to accept an amended complaint, they appeal.</p>

<p>Sight to Alimony.</p> <p>The general rule that alimony will be awarded to a wife, in an action by the husband for an absolute divorce, where she denies her alleged guilt on oath, is not applicable to cases dishonestly contested, and where the denial is but formal and general, leaving the actual facts, testified to by reputable witnesses, and which establish her guilt, undenied and unexplained.</p>

Action by Magdalena E. Dimmers against James Armitage, Allan Herschell, and George Herschell for damages for breach of contract. From a judgment in favor of plaintiff, defendants appeal.

<p>Appeal from special term, New York county.</p> <p>Action by the National Shoe & Leather Bank, of the city of New York, against the New York Life Insurance & Trust Company, impleaded with others. From an order of the special term granting a motion to vacate an attachment, plaintiff appeals.</p>

<p>Appeal from trial term, New York county.</p> <p>Action by Alexander Doyle against Whitelaw Reid. From a judgment entered on a verdict directed at the close of plaintiff's case, he appeals. Affirmed.</p>

Action by Kate T. Woolsey, executrix of Edward J. Woolsey, deceased, against Willard P. Shaw. From an order denying a motion for leave to serve an amended reply to a counterclaim set up in; the answer, plaintiff appeals. Reversed.

<p>Appeal from special term, New York county.</p> <p>Action of Arnold Heine and another against Johannes Bohner and others. From an order denying motion to amend complaint, plaintiffs appeal.</p>

<p>Contempt—Expulsion op Receiver.</p> <p>If one claiming under a chattel mortgage of a lease of premises and other property thereon puts out and excludes, with knowledge of the facts, a duly-appointed receiver thereof, who is in actual possession under the order appointing him, he is guilty of contempt of court, and upon contempt proceedings the court, instead of committing him to jail until he delivers hack the property, may merely direct him to so deliver it.</p>

Application by the people, on relation of Congregation Agudes Achim Anshei Babriosk, for writ of mandamus against William Lifshitz. From an order granting the writ, defendant appeals. Reversed.

Action by. the Magnolia Metal Company against the Sterling-worth Railway-Supply Company and others. From a judgment in favor of plaintiff, and from an order denying a new trial, defendants appeal.

<p>Action by one Weiser against Rebecca Weiser and Philip Kling. Judgment for defendant Kling.</p>

Petition to have Darius Rush declared an incompetent person. Finding of the jury for petitioner set aside, and a new trial ordered.

<p>Sheriffs and Constables—Disqualification—Execution—Levy and Sale.</p> <p>A levy and. sale made by a constable by virtue of an execution issued on a judgment in his favor is void, although previous to the issuance of the execution he assigned the" judgment to his son.</p>

<p>Railroads—Crossing Accidents—Presumption as to Contributory Negligence.</p> <p>Deceased was killed by a train at a crossing. It was not shown that he looked or listened for a train. When a signal was given 600 feet from the crossing, he could have seen the approaching train. Held, that a nonsuit was proper, because deceased was not shown to be free from contributory negligence.</p>

Action by Samuel Hallenbeck against the directors of the village of Saugerties. Judgment for plaintiff. Defendant appeals.

In the matter of the appraisal of the property of Winifred Purdy, deceased, under the transfer tax act, an appeal was taken from a decree entered on the report of an appraiser.

<p>Sales—Rescission by Buyer—Time.</p> <p>A warranty of a harvester provided that, if it could not be made to work well, it should be returned at once, but that use through the harvest season should be deemed an acceptance. Several attempts were made to use the machine, unsuccessfully, during harvest, but it was not returned for three months. The evidence as to the cause of the delay was conflicting. Held, that the question whether the return was within a reasonable time was for the jury.</p>

<p>Appeal from Steuben county court.</p> <p>Application of Horace A. Dudley, city clerk of the city of Hornellsville, to compel Sidney Ossoski to deliver to him the books and papers belonging to the city clerk’s office of said city. From an order of the county judge (53 N. Y. Supp. 703) granting the application, respondent therein appeals.</p>

Judicial settlement of the accounts of Thomas J. O’Connell and Matthew Seymour, as executors of the will of William J. Seymour, deceased. From a decree refusing to charge the executors with the value of a horse, James Seymour appeals.

<p>Appeal from Cayuga county court.</p> <p>Action by Napoleon B. Ford against the New York Central & Hudson Elver Bailroad Company. From a judgment of the county court of Cayuga reversing a judgment of the city court of the'city of Auburn for plaintiff, he appeals.</p>

<p>Bridges—Notice of Defects.</p> <p>Notice to a commissioner of highways of defects in a bridge is notice to the town in cases of injury resulting therefrom, although the notice was received by a commissioner preceding the one in office at the time of the injury.</p>

<p>Mortgages—Foreclosuee—Pleadings.</p> <p>In an action to foreclose a mortgage, it was error to strike out an answer alleging a tender of the amount due on the mortgage before the service of summons in the suit, since the defense bears on the right of plaintiff to maintain the action and on the question of costs.</p>

Action by Joseph H. Hoey against the National Shoe & Leather Bank of the City of New York. From an order granting defendant’s motion for a further bill of particulars, plaintiff appeals.

Action by one Bailie against one Bailie, otherwise known as Ewing, for divorce; Motion by defendant for counsel fees and allowance for the support of a child.

<p>1. Pleading—Bill of Particulars.</p> <p>Plaintiff alleged that defendant had promised her a certain sum, if she would continue to live with defendant, superintending the household duties, and aiding and advising in the preparation and trial of certain litigation. Held, that plaintiff should furnish a bill of particulars, showing the time and place of the services, when and where the request was made; what litigation was pending, the manner and particulars in which plaintiff advised defendant, and the subject of such advice.</p> <p>3. Same. „ .</p> <p>„ . But the manner and respects in which defendant requested plaintiff to superintend the household duties, the manner in which plaintiff kept house for defendant, and what evidence she prepared for defendant, being matter of evidence, need not he set out in a bill of particulars.</p> <p>8. Same.</p> <p>And, as no demand for payment need be proved, the time, place, and manner of such a demand need not be set out in the bill of particulars.</p> <p>Appeal from special term.</p> <p>Action by Eunice Niemoller against Naomi Buncombe. From an order compelling plaintiff to furnish a bill of particulars, and an order denying a motion to resettle such order, she appeals. The order granting the bill of particulars modified, and the order denying the motion to resettle affirmed.</p>

<p>Appeal from special term, Kings county.</p> <p>Action by Elizabeth Walsh, executrix, against Augustin Walsh. From an order denying defendant’s motion to vacate an order allowing plaintiff to discontinue the action on payment of costs, defendant appeals.</p>

<p>Appeal from special term, New York county.</p> <p>Action by George C. Andreae and others against William Bourke and another. Judgment for defendants, and plaintiffs appeal. Affirmed.</p>

<p>1. Construction of Deed—Life Estate—Intention of Grantor.</p> <p>The premises of the deed recited that the grantor conveyed unto a party, her heirs and assigns, forever, a parcel of land. By the habendum clause the grantee was to have and to hold the premises to her own use for the remainder of her natural life, and, after her demise, they were to go to a third party, his heirs and assigns, to his and their use forever. Held, that the first-named grantee took only a life estate, it appearing to be the intention of the grantor to convey the fee to the latter.</p> <p>2. Infants—Admission of Facts—Conclusiveness.</p> <p>In an action of partition, it was admitted that an infant defendant born out of wedlock was legitimized under a law of France, where its parents resided, by their subsequent marriage. Held, that the rights of such infant should not be based on the admission of material facts and of the law of a foreign country in relation thereto, but such facts should be shown by competent legal evidence.</p> <p>3. Illegitimate Children—Right to Inherit after Being Legitimized.</p> <p>An illegitimate child, becoming legitimate by the subsequent marriage of its parents by virtue of a law of France, where they resided, thereby became legitimate everywhere, and entitled to inherit property in New York.</p>

Action by Louis Weitzman, as administrator of Harry Weitzman, •deceased, against the Nassau Electric Railroad Company, to recover damages for the death of intestate. From a judgment for defendant and from an order denying a motion for a new trial, plaintiff appeals. Reversed.

Proceeding by one Lertora against one Beimann for contempt in violating an order restraining the latter from disposing of his property.

Action by Henri Leroy against the Claus-Lipsius Brewing Company and another for malicious prosecution. From a judgment for plaintiff, and from orders denying motions for a new trial, defendant appeals.

Action by Nathan Tisch, an infant, by Marcus Tisch, his guardian ad litem, against Isaac Hirsch and another. Judgment for plaintiff, and defendants appeal. Judgment reversed (52 N. Y. Supp. 1076), and plaintiff' moves for reargument.

Eupp and James E. ■Curtiss as police commissioners of the police board of the city of Buffalo.

<p>Appeal from special term.</p> <p>Action by Matilda Schneider against the city of Rochester. From a judgment dismissing the complaint, plaintiff appeals.</p>

<p>Action by one Kunze for divorce. Heard on motion to modify an allowance of temporary alimony and counsel fees.</p>

Applications for mandamus, on the relation of Frederick Wohlfarth, against Bernard J. York and others, commissioners of police of the city of New York. From an order granting a motion for a peremptory writ, defendants appeal.

In the matter of the estate of Stephen L. Henderson, deceased, an order was made denying the motion of Peter E. Henderson, executor of the will of Stephen L. Henderson, deceased, to open a decree made on an accounting by the executor, and he appeals.

Action by Charles Henry Dietz against Edward F. Leber and another. From an order denying defendants’ motion for a bill of particulars, they appeal.

<p>Appeal from special term, Suffolk county.</p> <p>Action by the Wyandanch Club against Lewis W. Davis. From separate parts of the judgment, both parties appeal.</p>

Action by William Williams against the city of Brooklyn. From a judgment on a verdicj: of $3,500 for plaintiff, and from an order denying a new trial, defendant appeals.

Proceeding by William J. Buttling, as sheriff of Kings county, against Loftus D. Hatton and others. From an order granting leave to plaintiff to serve an amended and supplemental complaint, defendants appeal.

Action by Frederick Klinker against the Third Avenue Railroad Company. From an order restraining plaintiff and his attorney from drawing from the National Park Bank a sum of money representing the amount of the judgment obtained by plaintiff against defendant, and restraining the said bank from paying out said money till further order of the court, plaintiff appeals.

<p>Motion for a peremptory writ of mandamus, on the relation of the state board of charities, directing the New York Society for the Prevention of Cruelty to Children to permit the relator to visit and inspect its grounds, buildings, books, and papers, and to exercise the visitorial powers specified in article 8 of the constitution and in the state charities law (chapter 26 of General Laws). Motion granted in part.</p>

Action by Peter Brunold against Ludwig G-lasser and another to foreclose a mechanic’s lien. From a judgment of a justice court of the city of Olean for plaintiff, defendants appeal.

Appeals from trial term, Orange county. Two actions by Charac J. Van Inwegen against the Port Jervis, Montieello & New York Railroad Company for damages by reason of a fire caused by defendant’s negligence. From a judgment in favor of plaintiff, defendant appealed.

Action by Emil Berndt against Wilhelmina Berndt and others to foreclose a mortgage. Motion for confirmation of report for computation granted, and judgment of foreclosure directed.

. Appeal from special term, Kings county. Action for partition by Catharine Fannon against Annie McNally and others. From an order staying proceedings upon the final judgment directing the payment of the proceeds, defendant Cunningham appeals.

Action by William S. De Camp, individually and as trustee under the wifi of Julia L. De Camp, deceased, against Edward M. Burns and another. From judgment for plaintiff entered on a decision of the trial court without a jury, defendants appeal.

<p>Application for mandamus, on relation of Frederick Howard against Otto Wende, as county clerk of Erie county, to compel defendant to receive and file relator’s certificate of nomination, and place his name on the official ballot for the office of-county supervisor.</p>

<p>1. Action on Contract.</p> <p>A complaint alleged that defendants converted plaintiff’s bond; that afterwards defendants, in writing, acknowledged their indebtedness therefor, and agreed to pay; that defendants had paid a certain sum on account; and demanded judgment for the balance. Held, that the action was on contract, and not in tort.</p> <p>2. Same—Admission oe Debt.</p> <p>A sealed agreement acknowledging a debt, agreeing to pay It, and signed by the defendants, did not contain a covenant of payment on the part of one of them. In an action on the instrument, held that, though the agreement was not a covenant as to such defendant, it was an admission of debt, on which plaintiff could recover, in the absence of evidence to disprove the debt.</p>

Action by Thomas F. Penny against the New York Central & Hudson River Railroad Company. From a judgment entered on a verdict for plaintiff, and from an order denying a new trial, defendant appeals. Reversed.

Action by Teunis Schenck Remsen against Sarah A. Storm and' others for foreclosure. From an order relieving Harrison C. Fales, purchaser at the sale under decree herein, from his purchase, plaintiff appeals.

<p>1. Municipal Corporations—Veteran Soldiers—Removal.</p> <p>Greater New York Charter, § 537, giving the street-cleaning commissioner power, “in his discretion, on evidence satisfactory to him,” to remove employés in his department, does not apply to veteran soldiers who were employed in such department before the charter went into effect, and who were retained, under section 127, “under the same conditions” which prevailed before such retention.</p> <p>2. Same. •</p> <p>Brooklyn City Charter, tit. 22, § 29, prohibiting the removal of veteran soldiers, “except for good cause shown, after a hearing,” precludes a removal on the statements of unsworn witnesses, without notice of the charges preferred, and without an opportunity to defend.</p>

<p>1. Sale of Infant’s Property—Sufficiency of Petition.</p> <p>A petition to sell real property of an infant under 14 years of age, which recites that the infant is the petitioner, but which is executed and acknowledged by his guardian, is the petition of both the infant and' guardian, and is sufficient.</p> <p>2. Same.</p> <p>Under Code Civ. Proe. § 2350, requiring the petition for the sale of air infant’s real property to state the particulars and value of his real' and personal property, the amount of his income, the disposition which has been made of his personal property, and an account of the debts and demands existing against his estate, except where the application is made for the sale of an undivided interest of the infant to avoid an action of partition upon the part of his co-tenants, a petition which does not contain such statements is insufficient, in the absence of an allegation that the sale was to avoid a partition, or a finding that it was necessary for such object.</p>

Action by Flora L. Bay against the New York Bay Extension Bail-road Company. From an order made at special term, denying defendant's motion to open and correct the judgment, defendant appeals.

<p>Appeal from judgment on report of referee.</p> <p>Action by Egbert B. Ellison and another against Sarah M. Creed to ■recover on a contract. From a judgment in favor of defendant, plaintiffs appeal.</p>

Action by George Heiberger against Helen Johnson. From a judgment in favor of plaintiff, and from an order denying her motion for a new trial, defendant appeals.

<p>Appeal from special term, Queens county.</p> <p>Action by John B. Loretz against the Metropolitan Street-Bailway Company. From an order denying defendant’s motion to change the ■ place of trial, it appeals.</p>

Motion by the people, on the relation of Augustus 0. Tate, against • William Dalton, commissioner of water supply of the city of New York, for a peremptory writ of mandamus to forthwith reinstate relator as water registrar.' From an order at special term (53 N. Y. Supp. 108) denying the motion, relator appeals.

Action by Frederick Johnson and Abram J. Light, composing the firm of Johnson & Light, against the city of Mt. Vernon. From a judgment for plaintiffs, entered on the report of a referee, the defendant appeals. Reversed.

Partition proceedings by Theresa Kelly and another against Martha E. Werner and others. An interlocutory judgment was entered, which failed to make provision for a judgment lien against the share of Martha E. Werner. From an order denying a motion of the assignees of the judgment to vacate the interlocutory judgment, they appeal. Order reversed.-

Action by Daniel Hassen against the Nassau Electric Kailroad Company. From a judgment entered on a verdict for plaintiff, and from an order denying a new trial, defendant appeals.

Action by Evelina A. Meserole against William E. Sinn, as executor of Walter L. Sinn, to recover rent. From a judgment entered on a verdict for defendant, and from an order denying a new trial, plaintiff appeals. Affirmed.

Action by Martin Hutchinson, an infant, etc., against the Atlantic Avenue Railroad Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.

Kings county. Petition by the Medical Society of the County of Kings for a writ of mandamus against Barzillai G. Neff and others. From an order granting the writ, the defendants appeal.

Action by Silas Laird against Frederick M. Littlefield. From a judgment for plaintiff, and an order denying a motion for re-taxation of costs, defendant appeals.

<p>Contempt—Resisting Receiver—Supplementary Proceedings.</p> <p>A judgment debtor, ordered, in a proceeding supplementary to execution, to deliver to a receiver, therein appointed, all property and money in his possession, or under tils control, belonging to him, and not exempt from execution, was guilty of contempt In refusing to surrender to such receiver possession of a store of which he had a lease, and in which he had goods of his own, on the alleged ground that they were commingled with other goods, which had been consigned to him for sale.</p>

Application of Rudolph C. Fuller for a writ of peremptory mandamus to the comptroller and mayor of the city of New York, and from an order granting the writ (53 N. Y. Supp. 200) they appeal.

Mandamus by James Norton to compel the county clerk of Queens ■county to receive and file, as of October 14th, a certificate of nomination of the petitioner as a candidate for state senator. From an order of the special term denying the writ (53 N. Y. Supp. 924), the petitioner appeals.

<p>Appeal from special term.</p> <p>Action by William T. Smith and another against "George D. Ferguson, individually and as surviving partner of George D. Ferguson & Co. From a judgment directed by the court on a trial before it awarding a judgment against defendant as surviving partner, defendant appeals.</p>

<p>Action by Edwin Bailey, Joseph Bailey, and Edward Bailey, Jr., against Edward Roche, as executor of the will of David Roche, deceased.</p>

Action by Theodore Badger and Willard Winslow against Charles T. Sutton and others. In the matter of the application of Austin B. Fletcher, receiver, appointed in the above-entitled action, for a determination of the rights of the respective persons claiming liens upon the real estate in his hands as receiver under the judgment in the above-entitled action. Motion for reargument. Denied. For former opinion,

<p>Action by Anastasia Brady against the Manhattan Railway Company.</p>

<p>Action by Elizabeth W. Bedell against Roman Arnold, impleaded.</p>

<p>Action by Wilhelmina Billings against Delos Williams.</p>

<p>Action by J. Jaffred Butler, as temporary administrator, against Emily Emmett.</p>

<p>Action by James 0. Byrne against Charles A. Stoddard.</p>

<p>Action by the city of Rochester against Robert West.</p>

<p>Action by Horace H. Chittenden, as assignee, etc., against Isaac B. Gates and others.</p>

<p>Action by John Cullen against the mayor, aldermen, and commonalty of the city of New York.</p>

<p>Action by Warren Delano, Jr., against Isaac L. Rice.</p>

<p>Action by Morton R. Fox and others against James' Fee and John Barton. .</p>

<p>For memorandum opinion,</p>

<p>Action by Rosa Hammell against Morris Schleissner.</p>

<p>Action by the Henry Elias Brewing Company against Patrick H. Comer-ford.</p>

<p>Action by Julius Hartman against the Nassau Electric Railroad Company.</p>

<p>Action by Kate T. Hickie against Herman G. Loew.</p>

<p>Action by William Johanns against the Nassau Eleqtric Railroad Company.</p>

<p>In the matter of proceedings to disbar Dennis W. Hunt, an attorney, etc.</p>

<p>Action by the John Hoffman Company against the Rochester Consolidated Mining & Milling Company.</p>

Action by Henry P. McGown, Jr., against Mary E. McGown (appearing and answering herein as Mary E. Bell).

<p>Action by John F. McNulty against the Nassau Electric Railroad Company.</p>

<p>Action by Edwin B. Meeks, as executor, etc., against Catherine L. Meeks and others. Catherine L. Meeks appealed.</p>

<p>Action by William Murphy against the City of Niagara Falls and others.</p>

In the matter of the appraisal under the transfer tax act of the property of Mary Ann Murphy, deceased, William E. Murphy, executor, appealed.

<p>Action by Marie Parisot against the Brooklyn Heights Railroad Company.</p>

<p>Action by John Naumer against Pendleton B. Gray.</p>

<p>Action by Hiram Mount against Robert H. Humbley and others.</p>

<p>Action by Minnie 0’Ro‘urke against Simon Feist.</p>

Action by the people of the state of New York, on the relation of the New York, West Shore & Buffalo Railroad Company and another, against Spencer Johnson and others, assessors, ■etc.

<p>Action by Jacob Parmerter against Ann Col-rick and others.</p>

<p>Action by the people of the state of New York, on the relation of the North American Company, against James A. Roberts, as comptroller.</p>

<p>Action by Olga Poulson against the Nassau Electric Railroad Company.</p>

<p>Action by Providence Retreat and others against the City of Buffalo and others.</p>

<p>Action by George A. Powers against the Brooklyn Elevated Railroad Company and the Union Elevated Railroad Company.</p>

<p>Action by Katie Sidwell against Robert A. Greig and another.</p>

<p>Action by Howard Thornton, as receiver of the Beveridge Brewing Company, against Margaret R. Williams, as administratrix of the goods, chattels, and credits of Charles E. Williams, deceased.</p>

<p>Action by Theodore J. O. Thatcher against the board of supervisors of Steuben county; Gamaliel T. Conine, as treasurer of the county of Steuben; the town of Bath; the town of Corine; and others.</p>

<p>Action by Laura Louise Todd and others against Clarence F. Todd and others.</p>

<p>Action by Alice M. Turner against Nina Z. Church-</p>

<p>Action by the Union Bank of Rochester against Frederick A. Sherwood, impleaded, etc.</p>

<p>Action by Maggie A. Ward against Joseph B. Tompkins.</p>

<p>Action by Richard Wilcock against Edmund Heermance.</p>

<p>Action by Sarah L. Wood against Richard P. Hubbard and others.</p>