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PALMER V. BREWER et al. (Court of Appeals of New York. May 13, 1913.) Appeal May 13, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (151 App. Div. 892, 135 N. Y. Supp. 1130), entered May 29, 1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action under section 2653a of the Code of Civil Procedure, to set aside the alleged will of Ann E. Palmer, deceased, which had been previously admitted to probate. See, also, 99 N. E. 1113. Carl S. Stern and Frederick C. Pitcher, both of New York City, and William A. Woodworth, of White Plains, for appellants. John A. Garver, of New York City, City John F. Brennan, of Yonkers, and Clifford C. Roberts, of New York City, for respondent. PER CURIAM. Judgment affirmed, with

costs.

CULLEN, C. J., and WERNER, WILLARD CULLEN, C. J., and WERNER, WILLARD BARTLETT, HISCOCK, CHASE, COLLIN, and HOGAN, JJ., concur.

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PEOPLE, Respondent, v. DAVIS, Appellant. (Court of Appeals of New York. June 3, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (141 N. Y. Supp. 83), entered April 4, 1913, which affirmed a judgment rendered at a Trial Term for the county of New York upon a verdict convicting the defendant of the crime of extortion. Martin S. Lynch and J. Edward Murphy, both of New York City, for appellant. Charles S. Whitman, Dist. Atty., of New York City (Stanley L. Richter, of New York City, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

CULLEN, C. J., and WILLARD BARTLETT, CHASE, CUDDEBACK, HOGAN, and MILLER, JJ., concur. GRAY, J., absent.

PEOPLE, Respondent, v. DELEO, Appellant. (Court of Appeals of New York. June 20, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (156 App. Div. 895, 140 N. Y. Supp. 1135), entered April 4, 1913, which affirmed a judgment rendered at a Trial Term for the county of New York upon a verdict convicting the defendant of criminally receiving stolen goods. Milton M. Goldsmith, of New York City, for appellant. Charles S. Whitman, Dist. Atty., of New York City (Louis Fabricant, of New York City, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

CULLEN, C. J., and WERNER, WILLARD BARTLETT, CHASE, COLLIN, CUDDEBACK, and HOGAN, JJ., concur.

PEOPLE, Respondent, v. DUNN, Appellant. (Court of Appeals of New York. May 20, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the Third entered March 15, 1913, which affirmed a judg Judicial Department (140 N. Y. Supp. 1135), on a verdict convicting the defendant of the ment of the Albany County Court rendered upcrime of keeping a disorderly house. Samuel H. Salisbury, of Albany, for appellant. B. Sanford, of Albany, for the People. PER CURIAM. Judgment of conviction afCULLEN, C. J., and WERNER, WILLARD GAN, JJ., concur. COLLIN, J., absent.

Rollin

PEOPLE, Respondent, v. ATKINS, Appel-firmed. lant. (Court of Appeals of New York. June 10, 1913.) Motion to dismiss an appeal from an order of the Appellate Division of the Su- BARTLETT, HISCOCK, CHASE, and HOpreme Court in the Second Judicial Department (155 App. Div. 922, 140 N. Y. Supp. 1135), entered February 28, 1913, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of conspiracy. The motion was made upon the ground of failure to prosecute the appeal. James C. Cropsey, Dist. Atty., of Brooklyn, for the motion.

PER CURIAM. Motion granted, and appeal

dismissed.

PEOPLE, Respondent, v. GOLDOWITZ, Appellant. (Court of Appeals of New York. June 20, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (141 N. Y. Supp. 1137), entered April 25, 1913, which affirmed a the City of New York convicting the defendant judgment of the Court of Special Sessions of of a violation of section 314 of the Banking Law (Consol. Laws 1909, c. 2). Benjamin Frindel and Henry I. Kowalsky, both of New York City, for appellant. Charles S. Whitman, Dist. Atty., of New York City (Louis Fabricant, of New York City, of counsel), for the People. PER CURIAM. Judgment of conviction affirmed.

CULLEN, C. J., and WERNER, WILLARD BARTLETT, CHASE, COLLIN, CUDDEBACK, and HOGAN, JJ., concur.

PEOPLE, Respondent, v. BERGEN, Appellant. (Court of Appeals of New York. June 10, 1913.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (147 App. Div. 903, 131 N. Y. Supp. 1133), entered November 10, 1911, which affirmed a judgment of the Court of Special Sessions of the city of New York convicting the defendant of a violation of section 720 of the Penal Law (Consol. Laws 1909, c. 40). The motion PEOPLE, Respondent, v. GRACE, Appelwas made upon the ground of failure to prose-lant. (Court of Appeals of New York. June cute the appeal. James C. Cropsey, Dist. Atty., of Brooklyn, for the motion.

PER CURIAM. Motion granted, and appeal

20, 1913.) Appeal from a judgment of the Supreme Court, rendered December 10, 1912, at à Trial Term for the county of Orange upon a

murder in the first degree. Wilton Bennet,_of I't. Jarvis, for appellant. J. D. Wilson, Jr., Dist. Atty., of Newburgh, for the People. PER CURIAM. Judgment of conviction affirmed.

CULLEN, C. J., and GRAY, HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur. WERNER, J., absent.

PEOPLE, Respondent, v. JASPER, Appellant. (Court of Appeals of New York. June 10, 1913.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (155 App. Div. 915, 140 N. Y. Supp. 1136), entered February 14, 1913, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of manslaughter in the second degree. The motion was made upon the ground of failure to prosecute the appeal. James C. Cropsey, Dist. Atty., of Brooklyn, for the motion.

PER CURIAM. Motion granted, and appeal dismissed.

PEOPLE, Respondent, v. KARPEL, Appellant. (Court of Appeals of New York. June 10, 1913.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (155 App. Div. 918, 140 N. Y. Supp. 1136), entered February 21, 1913, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting defendant of the crime of criminally receiving stolen goods. The motion was made upon the ground of failure to prosecute the appeal. James C. Cropsey, Dist. Atty., of Brooklyn, for the motion.

PER CURIAM. Motion granted, and appeal dismissed.

PEOPLE, Respondent, v. LINGLEY, Appellant. (Court of Appeals of New York. April 29, 1913.)

PER CURIAM. Motion for reargument denied. See 207 N. Y. 396, 101 N. E. 170.

PEOPLE, Respondent, v. MALFETTI, Appellant. (Court of Appeals of New York. June 20, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (150 App. Div. 930, 135 N. Y. Supp. 1133), entered May 31, 1912, which affirmed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting the defendant of the crime of manslaughter in the first degree.. Clark L. Jordan, of New York City, for appellant. Charles S. Whitman, Dist. Atty., of New York City (Robert C. Taylor, of New York City, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

CULLEN, C. J., and GRAY, WERNER, COLLIN, CUDDEBACK, and MILLER, JJ., concur. HISCOCK, J., absent.

May

PEOPLE, Respondent, v. MANCO, Appellant. (Court of Appeals of New York. 13, 1913.) Appeal from a judgment of the Supreme Court rendered December 11, 1912, at a Trial Term for the county of Orange, upon a verdict convicting the defendant of the crime of murder in the first degree. W. T. Shaw, of Middletown, for appellant. J. D. Wilson, Jr., Dist. Atty., of Newburgh, for the People.

PER CURIAM. Judgment of conviction affirmed.

CULLEN, C. J., and GRAY, WERNER, HISCOCK, COLLIN, CUDDEBACK,

and

June

PEOPLE, Respondent, v. POLLACK, Appellant. (Court of Appeals of New York. 20, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (154 App. Div. 716, 139 N. Y. Supp. 831), entered February 5, 1913, which affirmed a judgment of the Orange County Court rendered upon a verdict convicting the defendant of criminally receiving stolen goods. Henry Hirschberg, of Newburgh, for appellant. J. D. Wilson, Jr., of Newburgh, for the People.

PER CURIAM. Judgment of conviction affirmed.

CULLEN, C. J., and GRAY, WERNER, MILLER, JJ., concur. HISCOCK, COLLIN, CUDDEBACK, and

PEOPLE ex rel. BUTTERICK PUB. CO., Appellant, v. PURDY et al., Commissioners of Taxes and Assessments, Respondents. (Court of Appeals of New York. May 20, 1913.)

PER CURIAM. Motions for reargument denied. Motions to amend remittitur granted, so that the decision herein shall read: Orders of the Appellate Division and Special Term reversed, without costs to either party, on the ground that the relator is entitled to have deducted from the value of its assets the cost of furnishing the periodicals to the subscribers who have paid in advance for the unexpired terms of their subscriptions. The proceeding is remitted to the Supreme Court for further action and respondents ordered to file return as required by the writ of certiorari. See 207 N. Y. 771, 101 N. E. 1116.

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PEOPLE et rel. COLLINS v. MCANENY, President of Borough of Manhattan, et al. (Court of Appeals of New York. 1913.) Appeal from an order of the Appellate June 17, Division of the Supreme Court in the First Judicial Department (155 App. Div. 923, 140 N. Y. Supp. 1138), entered March 7, 1913, which modified and affirmed as modified, an order of Special Term granting a motion for a peremptory writ of mandamus to compel the reinstatement of the relator in the position of superintendent of highways of the borough of Manhattan.

Wood, and Albert Blogg Unger, all of New George Gordon Battle,. Roger B. York City, for appellant. John W. Browne, Herbert C. Smyth and Frederic C. Scofield, all of New York City, for respondent.

PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, HISCOCK, CHASE, HOGAN, and MILLER, JJ., concur.

WALDO, Police Com'r, Respondent. PEOPLE ex rel. COTTRELL, Appellant, v. (Court peal from an order of the Appellate Division of of Appeals of New York. June 17, 1913.) Apthe Supreme Court in the Second Judicial Department (151 App. Div. 889, 135 N. Y. Supp. 1134), entered May 17, 1912, which quashed a writ of certiorari and confirmed a determination of the defendant in dismissing the relator from the police force of the city of New York. Augustus Van Wyck, of New York City, Meier

Crossin, of New York City, for appellant. 6 of the salary schedules adopted by the board
Archibald R. Watson, Corp. Counsel, of New
York City (James D. Bell, of Brooklyn, of coun-
sel), for respondent.

PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and WILLARD BARTLETT, HISCOCK, CHASE, HOGAN, and MILLER, JJ., concur. GRAY, J., absent.

PEOPLE ex rel. DOMENS, Appellant, v. WARDEN OF CITY PRISON, CITY OF NEW YORK, Respondent. (Court of Appeals of New York. June 10, 1913.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (154 App. Div. 728, 139 N. Y. Supp. 828), entered January 24, 1913, which reversed an order of Special Term sustaining a writ of habeas corpus and discharging the relator, and remanded the relator to custody. The motion was made upon the ground of failure to prosecute the appeal. James C. Cropsey, Dist. Atty., of Brooklyn, for the motion.

PER CURIAM. peal dismissed.

of education, and also directing the board of education to pay such salary. Louis B. Williams and Max Gross, both of New York City, Counsel, of New York City (Terence Farley for appellant. Archibald R. Watson, Corp. and Charles McIntyre, both of New York City, of counsel), for respondents.

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PEOPLE ex rel. GUERNSEY, Appellant, v. SOMERS, County Treasurer, Respondent. (Court of Appeals of New York. May 23, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department (153 App. Div. 623, 138 N. Y. Supp. 1136), entered November 13, 1912, which affirmed an order of the court at a Trial Term dismissing an alternative writ of mandamus to compel defendant to pay the relator Motion granted, and ap- for publication in his newspaper of notices of

PEOPLE ex rel. GERMAN AMERICAN BANK, Appellant, v. PURDY et al., Board of Taxes and Assessments, Respondents. (Court of Appeals of New York. May 13, 1913.)

PER CURIAM. Motion for reargument denied, with $10 costs. See 207 N. Y. 758, 101 N. E. 455.

PEOPLE ex rel. GILL, Respondent, v. WARDEN OF CITY PRISON, BOROUGH OF BROOKLYN. (Court of Appeals of New York. April 29, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (154 App. Div. 256, 138 N. Y. Supp. 1073), entered December 30, 1912, which affirmed an order of Special Term sustaining a writ of habeas corpus and discharging the relator, who had been arrested and committed on the charge of keeping and maintaining a disorderly house, from custody. James C. Cropsey, Dist. Atty., of Brooklyn (Hersey Egginton, of Brooklyn, of counsel), for the People.

PER CURIAM, Orders of Appellate Division and Special Term reversed, and relator remanded to custody, on the ground that the information and the depositions attached thereto sufficiently charge the relator with the commission of the offense under section 1146 of the Penal Law (Consol. Laws 1909, c. 40).

CULLEN, C. J., and GRAY, WERNER. HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur.

PEOPLE ex rel. GOLDING, Appellant, v. BOARD OF EDUCATION OF CITY OF NEW YORK et al., Respondents. (Court of Appeals of New York. June 20, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (155 App. Div. 920, 140 N. Y. Supp. 1139), entered February 21, 1913, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendant William H. Maxwell, city superintendent of schools of the city of New York, to transmit a certificate, in accordance with the provisions of subdivision 16 of section 39 of the by-laws of the board of education, certifying that the petitioner, James M. Golding, shall be paid the salary of $900 per annum, and that he is entitled to the annual in

tax sales. Albert J. O'Connor, of Rome, for appellant. George E. Pritchard, of Remsen, for respondent.

PER CURIAM. Order affirmed, with costs, on authority of People ex rel. Republican & Journal Co. v. Lazansky, 208 N. Y. 435, 102 N. E. 556.

CULLEN, C. J., and GRAY, WERNER, HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur..

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FAYETTEVILLE & S. R. & TURNPIKE PEOPLE ex rel. HUNT, Respondent, v. CO., Appellant. (Court of Appeals of New York. June 20, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (141 N. Y. Supp. 1141), entered May 29, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term adjudging that the rights, privileges and franchises of defendant to maintain a certain toll road had expired. C. A. Hitchcock, of Syracuse, for appellant. Thomas Carmody, Atty. Gen. (F. J. O'Neill, of Syracuse, of counsel), for respondent.

PER CURIAM. Judgment affirmed, with

costs.

CULLEN, C. J., and WERNER, WILLARD BARTLETT, CHASE, COLLIN, CUDDEBACK, and HOGAN, JJ., concur.

PEOPLE ex rel. MCVEY, Appellant, v. O'LOUGHLIN, Register of Kings County, Respondent. (Court of Appeals of New York. April 29, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (154 App. Div. 957, 139 N. Y. Supp. 1139), entered January 24, 1913, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to reinstate the relator in the position of chief clerk of copyists in the register's office of the county of Kings. Robert H. Wilson, of Brooklyn, for

Herman N. Hansen, of New York City, for respondent.

PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and GRAY, WERNER, HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur.

PEOPLE ex rel. NEW YORK CENT. & H.

R. R. CO. et al., Appellants, v. PUBLIC SERVICE COMMISSION OF STATE OF NEW YORK, SECOND DISTRICT, et al., Respondents. (Court of Appeals of New York. April 29, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department (146 App. Div. 900, 133 N. Y. Supp. 1139), entered October 20, 1911, which dismissed a writ of certiorari and affirmed a determination of the defendant Public Service Commission in granting a certificate that public convenience and a necessity require the construction of the proposed railroad of the Buffalo Frontier Terminal Railroad Company. See, also, 101 N. E. 1117. Alfred L. Becker and Adelbert Moot, both of Buffalo, S. Fay Carr, of Buffalo, and Maurice C. Spratt, of Buffalo, for appellants. Edward W. Hatch, of New York City, and Joseph G. Dudley, of Buffalo, for respondents.

PER CURIAM. Order affirmed, with costs, on the ground that the two objections sought to be raised by appellants on this appeal are not properly before this court, the reasons for such objections having existed before the review of the determination of the Public Service Commission by the Appellate Division, and the objections not having been presented to that court nor any decision made thereon by it. CULLEN, C. J., and GRAY, WERNER, HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur.

PEOPLE ex rel. RAY, Appellant, v. McANENY, President of Borough of Manhattan, Respondent. (Court of Appeals of New York. June 20, 1913) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (153 App. Div. 884, 137 N. Y. Supp. 1055), entered November 8, 1912, which affirmed an order of Special Term denying a motion for a writ of mandamus to compel defendant to reinstate relator in the position of foreman painter in the bureau of public buildings of the city of New York or to transfer him to a like situation in another department. Thomas O'Connor, of Waterford, for appellant. Archibald R. Watson, Corp. Counsel, of New York City (Terence Farley and Elliot S. Benedict, both of New York City, of counsel), for respondent.

PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, HISCOCK, CHASE, HOGAN, and MILLER, JJ., concur.

PEOPLE ex rel. SHANE, Respondent, v. GITTENS, Justice of the Peace, Appellant. (Court of Appeals of New York. June 17, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (155 App. Div. 921, 140 N. Y. Supp. 1139), entered February 26, 1913, which affirmed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody. The relator had been arrested on a warrant charging him with the crime of bookmaking in violation of section 986 of the Penal Law (Consol. Laws 1909, c. 40). Charles N. Wysong, Dist. Atty., of Mineola. and Charles T. McCarthy, of Glen Cove, for appellant. John J. Graham, of Mineola, for respondent.

PER CURIAM. Appeal dismissed, because

by section 2059 of the Code of Civil Procedure. See People v. Lawrence, 107 N. Y. 607, 15 N. E. 187.

CULLEN, C. J., and GRAY, WILLARD BARTLETT, HISCOCK, CHASE, HOGAN, and MILLER, JJ, concur.

PEOPLE ex rel. WILLARD, Respondent, v. GENERAL REDUCTION CO. et al., Appellants. (Court of Appeals of New York. June 17, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (155 App. Div. 935, 140 N.. Y. Supp. 1140), entered March 28, 1913, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendants to exhibit to the relator, a director of the defendant corporation, certain notes and papers. George Edwin Joseph and David M. Neuberger, both of New York City, for appellants. Carl S. Stern, of New York City, for respondent.

PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, HISCOCK, CHASE, HOGAN, and MILLER, JJ., concur.

PETERS et al. v. PETERS et al. In re CARTER. (Court of Appeals of New York. June 20, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (153 App. Div. 901, 138 N. Y. Supp. 1137), entered November 29, 1912, which affirmed an order of Special Term directing the appellant herein to pay over certain moneys. M. L. Stover, Frank Sullivan Smith, and Asa L. Carter, all of New York City, for appellant. Francis X. Carmody, of New York City, for respondents.

PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, HISCOCK, CHASE, HOGAN, and MILLER, JJ., concur.

PETUR, Appellant, v. ERIE R. CO., Respondent. (Court of Appeals of New York. May 20, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (151 App. Div. 578, 136 N. Y. Supp. 79), entered June 26, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Leonard F. Fish, of New York City, for appellant. Elbert N. Oakes, Thomas Watts, and John Bright, all of Middletown, for respondent.

PER CURIAM. Judgment affirmed, with costs.

CULLEN, C. J., and WILLARD BARTLETT, HISCOCK, CHASE, COLLIN, and HOGAN, JJ., concur. WERNER, J., absent.

PETUR, Appellant, v. ERIE R. CO., Respondent. (Court of Appeals of New York. June 10, 1913.)

PER CURIAM. Motion for reargument denied, with $10 costs. See 208 N. Y. 615, 102 N. É. 1111.

POWERS, Respondent, v. LANSING, Appellant, et al. (Court of Appeals of New York. May 13, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (150 App. Div. 896, 134 N. Y. Supp. 1144), entered April 6, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at

gage.

H. D. Bailey and Thomas T. Fagan, | C. Hamersley, deceased. Douglas Campbell, H. both of Troy, for appellant. Thomas O'Con- H. Snedeker, David B. Ogden, and Francis nor, of Waterford, for respondent. Smyth, all of New York City, for appellants. Charles F. Brown and Henry H. Man, both of New York City, for respondents.

PER CURIAM. Judgment affirmed, with

costs.

CULLEN, C. J., and GRAY, WERNER, HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur.

PROVOST, Respondent, v. INTERNATIONAL GIANT SAFETY COASTER CO., Appellant. (Court of Appeals of New York. June 3, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (152 App. Div. 83, 136 N. Y. Supp. 654), entered August 1, 1912, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff's intestate alleged to have been occasioned through the negligence of defendant. Joseph N. Tuttle, of Newark, N. J., and Jeremiah J. Coughlan, of New York City, for appellant. Don R. Almy and William S. Evans, both of New York City, for respondent.

PER CURIAM. Judgment affirmed, with costs, on opinion of McLaughlin, J., below. GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, and HOGAN, JÍ., CULLEN, C. J., dissents. MILLER, J., not sitting.

concur.

PROVOOST, Respondent, v. INTERNATIONAL RY. CO. et al., Appellants. (Court of Appeals of New York. May 13, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department (151 App. Div. 240, 136 N. Y. Supp. 131), entered May 3, 1912, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term, and granting a new trial in an action to recover for the death of plaintiff's intestate alleged to have been occasioned through the negligence of defendant. Dana L. Spring, of Buffalo, for appellants. Vernon Cole, of Buffalo, for respondent.

PER CURIAM. Order affirmed, and judgment absolute ordered against appellants on the stipulation, with costs in all courts.

CULLEN, C. J., and WERNER, WILLARD BARTLETT, CHASE, and HOGAN, JJ., concur. HISCOCK and COLLIN, JJ., dissent.

QUACKENBUSH, Respondent, v. LYTH TILE CO., Appellant. (Court of Appeals of New York. May 13, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (147 App. Div. 919, 131 N. Y. Supp. 1139), entered November 28, 1911, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff's intestate alleged to have been occasioned through the negligence of defendant, his employer. Eugene M. Bartlett, of Buffalo, for appellant. Merwin W. Lay, of Syracuse, for respondent.

PER CURIAM. Judgment affirmed, with costs.

CULLEN, C. J., and WERNER, WILLARD BARTLETT, HISCOCK, CHASE, COLLIN, and HOGAN, JJ., concur.

RASQUIN et al., v. HAMERSLEY et al. (Court of Appeals of New York. June 2, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (152 App. Div. 522, 137 N. Y. Supp. 578), entered October 14, 1912, which affirmed a judgment entered upon the report of

PER CURIAM. Judgment affirmed, with costs to all parties appearing in this court and filing briefs, payable out of the estate.

CULLEN, C. J., and GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, HOGAN, and MILLER, JJ., concur.

RATHBONE, SARD & CO., Respondent, v. PACIFIC COAST CASUALTY COMPANY, Appellant. (Court of Appeals of New York. May 6, 1913.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (140 N. Y. Supp. 1142), entered January 15, 1913, affirming a judgment in (favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover upon a policy of casualty insurance. The motion was made upon the grounds that the affirmance by the Appellate Division was unanimous and that the exceptions were frivolous. Townsend K. Wellington, of Troy, for the motion. Joseph N. Tuttle, of Newark, N. J., and Jeremiah J. Coughlan, of New York City, opposed.

PER CURIAM. Motion granted, and appeal dismissed, with costs, and $10 costs of motion.

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In re REES' ESTATE. (Court of Appeals of New York. April 29, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (153 App. Div. 900, 138 N. Y. Supp. 1139), entered November 29, 1912, which affirmed an order of the New York County Surrogate's Court assessing a transfer tax upon the estate of Norman I Rees, deceased. Louis H. Porter, of New York City, for appellants. Moses R. Ryttenberg and Thomas E. Rush, both of New York City, for respondent.

PER CURIAM. Order affirmed with costs. CULLEN, C. J., and GRAY, WERNER, HISCOCK, COLLIN, and CUDDEBACK, JJ., concur. MILLER, J., not sitting.

REQUA, Appellant, v. BOARD OF EDUCATION OF CITY OF NEW YORK, Respondent. (Court of Appeals of New York. April 29, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (140 N. Y. Supp. 1142), entered April 1, 1913, which affirmed an order of Special Term denying a motion for reargu ment and resettlement of a prior order denying a motion for a writ of mandamus to compel the board of education to recognize the petitioner as holding the office of director of physical education in the public schools of the city of New York. Mary A. Requa, in pro. per. Archibald R. Watson, Corp. Counsel, of New York City (Terence Farley, of New York City, of counsel), for respondent.

PER CURIAM. Appeal dismissed, without costs.

CULLEN, C. J., and GRAY, WERNER, HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur.

ROOT, Appellant, v. PENNSYLVANIA R. CO., Respondent. (Court of Appeals of New York. May 20, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (147 App. Div. 918, 131 N. Y. Supp. 1141), entered December 28, 1911, affirming a judgment in

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