PER CURIAM. Judgment affirmed with costs. the complaint by the court at a Trial Term in an action to recover for the death of plaintiff's SIMS et al., Appellants, v. OWSLEY, Reintestate alleged to have been occasioned by the spondent. (Court of Appeals of New York. negligence of defendant, his employer. Mer- June 10, 1913.) Motion to dismiss an appeal win W. Lay, of Syracuse, for appellant. H. from a judgment of the Appellate Division_of J. Adams and Frank Rumsey, both of Buf- the Supreme Court in the First Judicial Defalo, for respondent. partment (155 App. Div. 899, 140 N. Y. Supp. 1145), entered March 1, 1913, affirming a judgment in favor of defendant entered upon the report of a referee in an action to charge the estate of Charles T. Yerkes, deceased, with the amount of a certain bill paid by his wife in her lifetime. The motion was made upon the ground that the appeal was frivolous and taken only for purpose of delay. Arthur H. Van Brunt, of New York City, for the motion. Carroll G. Walter, of New York City, opposed. PER CURIAM. Motion denied, with $10 costs. CULLEN, C. J., and WILLARD BARTLETT, HISCOCK, CHASE, COLLIN, and HOGAN, JJ., concur. WERNER, J., absent. In re ROTH. (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. 893, 141 N. Y. Supp. 316), entered May 1, 1913, which affirmed an order of Special Term directing the appellant herein to deposit certain moneys with the chamberlain of the city of New York for the account of the petitioner. J. Solon Einsohn, of New York City, for appellant. Louis F. Doyle, of New York City, for respondent. PER CURIAM. Appeal dismissed. CULLEN, C. J., and GRAY, WILLARD BARTLETT, HOGAN, and MILLER, JJ., concur. HISCOCK and CHASE, JJ., dissent. SARANAC LAND & TIMBER CO., Respondent, v. ROBERTS, State Comptroller, Appellant (two cases). (Court of Appeals of New York. May 23, 1913.) PER CURIAM. Motion for reargument denied, with $10 costs. See 208 N. Y. 288, 101 N. É. 898. In re SCHWARZ'S ESTATE. (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. 349), entered May 2, 1913, which affirmed an order of the New York County Surrogate's Court assessing a transfer tax upon the estate of Herman Schwarz, deceased. Ellwood M. Rabenold and Thomas E. Rush, both of New York City, for appellant. Henry F. Miller and Robert M. Miller, both 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. In re SCOTT'S ESTATE. (Court of Appeals of New York. May 6, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (140 N. Y. Supp. 1144), entered March 7, 1913, which affirmed an order of the New York County Surrogate's Court assessing a transfer tax upon the estate of Robert Scott, deceased. Moses R. Ryttenberg and Thomas E. Rush, both of New York City, for appellant. Henry A. Miller and William P. Maloney, both of New York City, for respondents. PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and GRAY, WERNER. HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur. SHIPMAN, Appellant, v. TREADWELL et al., Respondents. (Court of Appeals of New York. June 20, 1913.) PER CURIAM. Motion for reargument denied, with $10 costs. See 208 N. Y. 404, 102 N. E. 634. See, also, 150 App. Div. 895, 134 SMITH, Respondent, v. VARIETY IRON & SPILA, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent. (Court of Appeals of New York. June 10, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (154 App. Div. 907, 138 N. Y. Supp. 1143), entered January 7, 1913, 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 the death of plaintiff's intestate alleged to have been occasioned by the defendant's negligence. Sydney A. Syme, of Mt. Vernon, for appellant. John F. Brennan, of Yonkers, for respondent. PER CURIAM. Judgment affirmed, with costs. GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, HOGAN, and MILLER, JJ., concur. CULLEN, C. J., absent. SPRAGUE, Appellant, v. WALTS, Respondent. (Court of Appeals of New York. May 23, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (151 App. Div. 949, 135 N. Y. Supp. 1144), entered June 8, 1912, affirming a judgment in favor of defendant entered upon the report of a referee in an action for money had and received, being the proceeds from the sale of certain houses belonging to the plaintiff which had been paid to defendant's testator. Joseph Nellis and W. A. Nims, both of Watertown, for appellant. Delos M. Cosgrove, of Watertown, for respondent. PER CURIAM. costs. Judgment affirmed, with CULLEN, C. J., and WERNER, WILLARD BARTLETT, HISCOCK, CHASE, COLLIN, and HOGAN, JJ., concur. In re SPUYTEN DUYVIL ROAD IN CITY OF NEW YORK. In re WEIGEL et al. (Court of Appeals of New York. April 29, 1913.) Appeal by permission, from an order of the Appellate Division of the Supreme Court in the First Judicial Department (152 App. Div. 114, 136 N. Y. Supp. 662), entered August 8, 1912, which reversed an order of Special Term confirming the report of commissioners of estimate and assessment in the above-entitled proceeding. The following questions were certified: "(1) Did the orders of the court at Special Term entered on the 23d day of June, legally closed? (2) Did the failure of the appellants to appeal from the orders of the Special Term, entered June 23, 1903, or to give notice of an intention to bring such orders up for review on appeal from the final order confirming the report of the commissioners, preclude the Appellate Division from passing upon the facts on which the orders of the Special Term were based?" Clarence C. Ferris, of New York City, for appellants. Archibald R. Watson, Corp. Counsel, of New York City (Joel J. Squier, and James Regan Fitz Gerald, both of New York City, of counsel), for respondent City of New York. Alpheus H. Favour, of New York City, and Edward L. Thompson, of Cortland, for respondents Estate of Isaac G. John son and others. PER CURIAM. Order affirmed, with costs; first question certified answered in the negative; second question not answered, because an answer is unnecessary. CULLEN, C. J., and GRAY, WERNER, HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur. STAFFORD, Appellant, v. WASHBURN et al., Respondents, et al. (Court of Appeals of New York. May 6, 1913.) PER CURIAM. Motion for reargument denied, with $10 costs. See 208 N. Y. 536, 101 N. E. 1122. STALKER, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Court of Appeals of New York. June 10, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (154 App. Div. 917, 139 N. Y. Supp. 1145), entered January 4, 1913, 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. William L. Visscher, of Albany, for appellant. John T. Norton, of Troy, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, HOGAN, and MILLER, JJ., concur. STORRS et al., Respondents, v. NORTHERN PAC. RY. CO., Appellant. (Court of Ap; peals of New York. June 3, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (148 App. Div. 403, 132 N. Y. Supp. 954), entered January 15, 1912, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a verdict in an action by plaintiffs, as heirs at law of John A. Storrs, deceased, to recover for his death alleged to have occurred through the negligence of defendant while in its employ in the state of Montana. Lewis E. Carr, of Albany, for appellant. Frank E. Smith, of New York City, Thomas F. Conway and Thomas B. Cotter, both of Plattsburgh, for respondents. PER CURIAM. Judgment affirmed, with costs, on opinion of Williams, J., below. CULLEN, C. J., and GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, HOGAN, and MILLER, JJ., concur. STOW, Respondent, v. MANNING et al., Appellants. (Court of Appeals of New York. May 23, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (153 App. Div. 900, 138 N. Y. Supp. 1145), entered December LAND R. CO., Appellant. (Court of Appeals TERWILLIGER, Respondent, v. LONG ISof New York. June 17, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (152 App. Div. 168, 136 N. Y. Supp. 733), entered August 2, 1912, 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. Alfred A. Gardner and Joseph F. Keany, both of New York City, for appellant. Augustus Van Wyck, of New York City, and Meier Steinbrink and George W. Martin, both of Brooklyn, for respondent. PER CURIAM. costs. Judgment affirmed, with CULLEN, C. J., and WILLARD BARTLETT, CHASE, and HOGAN, JJ., concur. HISCOCK and COLLIN, JJ., dissent. WERNER, J., absent. In re THIRTY-EIGHTH ST. IN CITY OF NEW YORK. In re H. W. JOHNS-MANVILLE CO. et al. (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 (154 App. Div. 954, 139 N. Y. Supp. 1147), entered February 14, 1913, which affirmed an order of Special Term confirming the report of commissioners in condemnation proceedings. Archibald R. Watson, Corp. Counsel, of New York City (John B. Shanahan and James D. Bell, both of Brooklyn, of counsel), for appellant. Fancher Nicoll and William H. Harris, both of New York City, Charles L. Woody, and George D. Yeomans, both of Brooklyn, for respondents. PER CURIAM. Order affirmed with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, HISCOCK, CHASE, HOGAN, and MILLER, JJ., concur. TITLE GUARANTEE & TRUST CO. v. SU GERMAN et al. (Court of Appeals of New York. June 10, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (153 App. Div. 912, 137 N. Y. Supp. 1146), entered November 20, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to set aside a trust deed as void under the statute of uses and trusts and as being void as part of a usurious transaction, to set aside a bond and mortgage of $5,000 on the ground of usury, and to compel defendant, Royal Bank of New York, to surrender to the plaintiff a certificate for fifteen shares of the Metropolitan Plate Glass Company, on the ground it was pledged as collateral for the usurious loan upon the said $5,000 bond and mortgage, and demanding judgment that defendants Sugerman and Royal Bank surrender up and cancel of record the assignment and the bond and mortgage and deliver to plaintiff the fifteen shares of stock held by the Royal Bank of New York, claiming them all to be one transaction. L. E. Warren, of Bergener, of Brooklyn, for respondent Trust | the defendant as supervisor of the town of PelCo. William B. Hurd and William H. Good, ham. Henry G. K. Heath, of New York City, both of Brooklyn, and Frank G. Wild, of New for appellant. Benjamin L. Fairchild, of New York City, for respondents Johnston and oth- York City, for respondent. ers. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, and HOGAN, JJ., concur. MILLER, J., taking no part. TOWN OF HEMPSTEAD, Respondent, v. LAWRENCE, Appellant. (Court of Appeals of New York. June 10, 1913.) Action by the Town of Hempstead against Newbold T. Lawrence, as executor, and another. From the judgment, defendant William Scheer appeals. Argument of appeal postponed. See, also, 149 App. Div. 922, 133 N. Y. Supp. 1146. Charles F. Brown, of New York City, for the motion. Benjamin N. Cardozo, of New York City, opposed. PER CURIAM. Without deciding whether the case is one in which the appellant can effectually stipulate for judgment absolute in case of affirmance as required by section 190 of the Code of Civil Procedure (see People ex rel. Judson v. Thacher, 55 N. Y. 525, 14 Am. Rep. 312), we are of the opinion that the argument of this appeal should at least be postponed until the hearing of the appeal from the judgment which may be rendered on the new trial which all of the defendants except this appellant have taken, or until the further order of the court. See Williams v. Western U. Tel. Co., 93 N. Y. 162, 193. Ordered accordingly. CULLEN, C. J., and GRAY, WILLARD BARTLETT, HISCOCK, CHASE, HOGAN, and MILLER, JJ., concur. TOWN OF NORTH HEMPSTEAD, Respondent, v. OELSNER, Appellant. (Court of Appeals of New York. June 3, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (148 App. Div. 779, 133 N. Y. Supp. 319), entered January 23, 1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action of ejectment. Clarence G. Galston and Arthur Watson, both of New York City, for appellant. M. Linn Bruce, of New York City, and George B. Stoddard, of Mineola, for respondent. PER CURIAM. Judgment affirmed, with costs, on the ground that no material question is presented by the record which this court can review. The records, to the receipt of which the appellant objected and excepted, were properly received in evidence. Their construction and effect were submitted to the jury for its determination without objection to such submission or to the charge of the court on which they were submitted. The unanimous affirmance of the judgment by the Appellate Division precludes us from considering the question of whether the jury properly decided those issues. CULLEN, C. J., and GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, HOGAN, and MILLER, JJ., concur. TOWN OF PELHAM, Appellant, v. SHINN, Respondent. (Court of Appeals of New York. June 30, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (149 App. Div. 956, 133 N. Y. Supp. 1147), entered March 13, 1912, affirming a judgment in favor of defendant entered upon the report of a referee PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, HOGAN, and MILLER, JJ., concur. TOWN OF WHITESTOWN v. TITLE GUARANTY & SURETY CO. (Court of Appeals of New York. June 10, 1913.) Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (148 App. Div. 900, 132 N. Y. Supp. 1149), entered January 10, 1912, affirming a judgment in favor of plaintiff entered up on a decision of the court on trial at Special Term in an action to recover upon a fidelity bond. G. C. Morehouse, of Utica, for plaintiff. George E. Dennison, of Utica, for defendant. PER CURIAM. Judgment affirmed, without costs to either party. CULLEN. C. J., and GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, HOGAN, and MILLER, JJ., concur. TRUESDELL, Appellant, v. BOURKE, Respondent. (Court of Appeals of New York. June 10, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (149 App. Div. 928, 133 N. Y. Supp. 1147), entered February 10, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action under section 1843 of the Code of Civil Procedure, by a judgment creditor of a decedent, to recover the amount of his judgment from a devisee and to charge the real property devised to her with its payment. William Kennedy, of Syracuse, for appellant. William G. Tracy, of Syracuse, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, HOGAN, and MILLER, JJ., concur. In re TURNER'S WILL. (Court of Appeals of New York. June 10, 1913.) PER CURIAM. Motion to amend remittitur granted. See 208 N. Y. 261, 101 N. E. 905. UNITED STATES TRUST CO. OF NEW YORK v. HART et al. (Court of Appeals of New York. May 20, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department 150 App. Div. 413, 135 N. Y. Supp. 81), entered May 9, 1912, which affirmed a judgment of Special Term in an action to construe and to determine the validity of the will of Benjamin Hart, deceased. Donald Harper, John S. Wise, Jr., and Franklin Bien, all of New York City, for appellants. George L. Shearer, of New York City, for respondent United States Trust Co. of New York. Frederic R. Coudert and Howard Thayer Kingsbury, both of New York City, for respondents Hart and others. PER CURIAM. Judgments of the Special Term and Appellate Division modified, by adding to the third clause of the Special Term judgment, which is as follows: "Third, that the defendant Isabel Lucchesi Guillemin is not entitled to any share or portion of the estate of said Benjamin Hart, the testator, and has no interest therein"-the following "excepting such claim, if any, to the residuary estate as she that the testator's nephew, Michael Hart, shall die without having exercised the power of appointment granted him by the Eleventh clause of the testator's will and without leaving issue him surviving," and, as thus modified, affirmed, without costs to any party. CULLEN, C. J., and WERNER, HISCOCK, CHASE, COLLIN, and HOGAN, JJ., concur. WILLARD BARTLETT, J., absent. VAL TRAINOR v. WHITE RATS ACTORS' UNION OF AMERICA. (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. 1148), entered March 28, 1913, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to reinstate the relator as a member of its association. M. L. Malevinsky and Dennis F. O'Brien, of New York City, for appellant. Guy T. Murray, 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. VAN KLEECK v. CITY OF NEW YORK. (Court of Appeals of New York. April 29, 1913.) Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (151 App. Div. 749, 136 N. Y. Supp. 245), entered July 3, 1912, which reversed an order of Special Term appointing a referee to take testimony and report as to a claim for services against the city of New York. Augustus H. Van Buren, of Kingston, for appellant. Archibald R. Watson, Corp. Counsel, of New York City (William McM. Speer, of New York City, of counsel), for respondent. PER CURIAM. Appeal dismissed, with costs. We agree with the Appellate Division as to the merits of the application, that the disbursements can be taxed only for or on application of the commissioner and the relator's claim, if any, is against the officer personally. In addition, the present order is not appealable to this court. CULLEN, C. J., and GRAY, WERNER. HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur. PER CURIAM. Motion for reargument de VIBBARD, Respondent, V. KINSER CONST. CO., Appellant. (Court of Appeals of New York. June 3, 1913.) Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (153 App. Div. 933, 138 N. Y. Supp. 1147), entered November 13, 1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. L. B. McKelvey, of Saratoga Springs, for appellant. Edgar T. Brackett, James A. Leary, and Walter A. Fullerton, all of Saratoga Springs, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, HOGAN, and MILLER, JJ., concur. VICK, Appellant, v. PETERSON et al., Respondents. (Court of Appeals of New York. May 6, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (142 App. Div. 929, 127 N. Y. Supp. 1148), entered January 31, 1911, affirming a judgment in favor of defendants entered upon the report of a referee in an action for a partnership accounting. J. P. O'Connor, of Rochester, for appellant. Isaac S. Signor, of Albion, for respondents. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, WERNER, HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur. VOSE, Appellant, v. CONKLING et al., Respondents. (Court of Appeals of New York. June 10, 1913.) Motion to dismiss an appeal from a judgment entered January 16, 1913, upon an order of the Appellate Division of the Supreme Court in the First Judicial Department (153 App. Div. 40, 137 N. Y. Supp. 1066), which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint, and sustained such demurrer in an action to have certain real property of decedent charged with the payment of two deficiency judgments against an administrator of said decedent. The motion was made upon the ground that the final judgment appealed from was not appealable directly to the Court of Appeals. Alfred H. Cumbers, of New York City, for the motion. PER CURIAM. Motion granted, and appeal nied, with $10 costs. See 208 N. Y. 228, 101 N. dismissed, with costs and $10 costs of motion. E. 881. VENTRINIGLIA, Respondent, v. EICHNER, 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 First Judicial Department (155 App. Div. 236, 140 N. Y. Supp. 395), entered February 28, 1913, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial in an action to cancel a tax lease as a cloud upon title. The motion was made upon the grounds that the Court of Appeals had no jurisdiction to entertain the appeal, the reversal being upon questions of fact as well as of law. G. Arnold Moses, of New York City, for the motion. A. Stephen Aaronstamm, of New York City, opposed. PER CURIAM, Motion denied, with $10 WALSH, Appellant, v. JOLINE et al., Respondents. (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 (149 App. Div. 945, 134 N. Y. Supp. 1149), entered April 3, 1912, affirming a judgment in favor of defendants entered upon a verdict directed by the court in an action to recover for the death of plaintiff's intestate alleged to have been occasioned through the negligence of defendants. Robert R. Reed, of New York City, for appellant. Bayard H. Ames and John Montgomery, both of New York City, for respondents. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, WILLARD BARTLETT, CHASE, CUDDEBACK, and HOGAN, JJ., concur. MILLER, J., not sit WEGMANN, Appellant, v. KRESS, Respondent. (Court of Appeals of New York. May 23, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (152 App. Div. 937, 137 N. Y. Supp. 1148), entered October 17. 1912, affirming a judgment in favor of defendant entered upon a verdict directed by the court in an action to recover the sum of $1,550, as for money had and received. The plaintiff's claim was based upon the fact that when the plaintiff's testatrix died, two mortgages were outstanding on two separate pieces of property in Brooklyn, which had been made to the defendant and the said testatrix as husband and wife and on which the defendant had collected $3,100. James H. Hickey and Edward B. Bloss, both of New York City, for appellant. Robert H. Roy, of Brooklyn, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and WERNER. WILLARD BARTLETT, HISCOCK, CHASE, COLLIN, and HOGAN, JJ., concur. WEIDINGER, Respondent. v. NEW YORK & NEW ENGLAND CEMENT & LIME CO., Appellant. (Court of Appeals of New York. May 20, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (151 App. Div. 948, 136 N. Y. Supp. 1150), entered July 6, 1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. Robert Thorne, of New York City, and Frederick J. Collier, of Hudson, for appellant. John L. Crandell, of Hudson, for respondent. PER CURIAM. Judgment affirmed, with WHITTAKER, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Court of Appeals of New York. June 10, 1913.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (153 App. Div. 934, 138 N. Y. Supp. 1149), entered November 20, 1912, 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. Alfred L. Becker, of Buffalo, for appellant. Ralph S. Kent, of Buffalo, for respondent. Galston and Arthur Watson, both of New York City, for respondent. PER CURIAM. Appeal dismissed, with costs. LETT, HISCOCK, CHASE, CUDDEBACK, CULLEN, C. J., and WILLARD BARTHOGAN, and MILLER, JJ., concur. Appellants. (Court of Appeals of New York. WOOD, et al., Respondents, v. WISE et al., April 29, 1913.) Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (153 App. Div. 223, 137 N. Y. Supp. 1017), entered November 1, 1912, which affirmed an order of the court at a Trial Term denying a motion to set aside a verdict in favor of plaintiffs and for a new trial in an action to recover money alleged to be due under a contract for the sale of land. The following questions were certified: "First. Whether a contract between private parties for the sale of lands, which contract purports to have been executed by the parties as a sealed instrument and which the undisputed facts show was signed and sealed by one of two vendors as his own act and deed and by the other vendor by and through the agency of his co-vendor acting under mere oral authority to sign his name to any necessary papers is, within the statute of frauds, executed by the lawfully authorized agent of the vendor who did not personally sign and seal the contract and whether such contract is mutually obligatory on all the vendors and the vendees. Second. Whether, in the written contract sued on here, the facts being undisputed, and the vendees never having had possession of the land, the vendees' covenants to pay the consideration were independent covenants, so that it may be said, as a matter of law, that the vendees agreed to pay in consideration only of the obligation or executory contract of the vendors and not in consideration of the actual conveyance of the land itself. Third. Whether in this case, the facts being undisputed, the plaintiffs were bound to plead or prove the ness to perform the covenants by them to be tender on their part, or a readiness and willingperformed. Fourth. Whether in this case the direction of a verdict for the full amount claimed by the plaintiffs was error in view of the absence of a plea or proof by plaintiffs of any depreciation in the value of the land. Fifth. Whether the motion for a new trial should not have been granted by the trial court and the order denying a new trial reversed by this court, as a matter of law and not as a matter of discretion." Frances A. McCloskey, of Brooklyn, for appellants. William Willett, Jr., of Far Rockaway, for respondents. PER CURIAM. Order affirmed, with costs, on opinion of Woodward, J., below. First question certified answered in the affirmative; second question not answered; third and fourth questions answered in the negative; fifth question answered, a new trial should not have been granted. CULLEN, C. J., and WERNER, HISCOCK, COLLIN, CUDDEBACK, and MILLER, JJ., concur. GRAY, J., absent. WRIGHT v. McCONNELL 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 Second Judicial Department (149 App. Div. 928, 133 N. Y. Supp. 1151), entered March 12, 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 determine the validity of the will of Elizabeth Lowerre, deceased. William P. Maloney, of New York City, for appellants. William H. Good, of Brooklyn, for respondent Wright. John H. Hazelton, respondent Wright. Richard Welling, of New WILDMAN, Appellant, v. JONES, 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 (150 App. Div. 514, 135 N. Y. Supp. 428), entered May 17, 1912, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for breach of an alleged contract by defendant's testator to make plaintiff a beneficiary under his will. John H. Hazelton, |