Volume 75 — New York Supreme Court Reports

Appeal by the plaintiff, Emily A. Emerson, from so much of a judgment of the Supreme Court rendered at the New York Special Term and entered in the office of the clerk of the city and county of New York on the 16th day of November, 1892, in an action for separation from bed and board, as awards the plaintiff only the sum of $150 per month as alimony for the support of herself, and the support, maintenance and education of three of the children of the parties.

<p> Collateral inheritance tax on proceeds of life inswrance policies. </p> <p>Where a policy of insurance on the life of a decedent is made payable to him or to his personal representatives, the proceeds thereof are subject to taxation, under the Collateral Inheritance Tax Law.</p>

Motion by the defendant, the Supreme Tent of the Knights of fhe Maccabees of the World, for a new trial, on exceptions taken at a trial at the Erie Circuit, which resulted in a verdict for the plaintiff, by direction of the court, ordered to be heard in the first instance at the General Term, by an order made on the 19th day of February, 1892.

<p> Staying a second action until costs of a prior action a/re paid. </p> <p>Where a suit to reform a contract and to recover damages for its breach as reformed, is a mere attempt by a change in form to accomplish a result which was theretofore attainable in a prior action, although in another court, brought by the same plaintiff to recover damages for a breach of an aliened oral contract, which resulted in a judgment against the plaintiff for costs, the rule, that where a second action is vexatiously brought the court will stay it until the costs of the prior action are paid, is applicable.</p>

Appeal by the plaintiffs, Newton E. Whiteside and others, on their own behalf and on behalf of all other lot-owning members of tlie Noyac Cottage Association who are willing to become parties plaintiff , and contribute to tlie expense of tlie suit, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the city and county of New York on the 5th day of December, 1892, denying the plaintiffs’ motion to vacate and set…