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(Ralph E. Hemstreet, of Brooklyn, of counsel), for respondent.

PER CURIAM. Judgment of conviction af

firmed.

WILLARD BARTLETT, C. J., and HISCOCK, COLLIN, CUDDEBACK, HOGAN, SEABURY, and POUND, JJ., concur.

PEOPLE, Respondent, v. BAMBRICK, Appellant. (Court of Appeals of New York. July 11, 1916.) Appeal from a judgment of the Supreme Court, rendered December 16, 1915, at a Trial Term for the county of New York, upon a verdict convicting the defendant of the crime of murder in the first degree. Alexander Karlin, of New York City, for appellant. Edward Swann, Dist. Atty., of New York City (Robert C. Taylor, Asst. Dist. Atty., of New York City, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

HISCOCK, COLLIN, CUDDEBACK, HOGAN, SEABURY, and POUND, JJ., concur. WILLARD BARTLETT, C. J., absent.

PEOPLE, Respondent, v. BELLAVICINI, Appellant. (Court of Appeals of New York. June 13, 1916.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (158 N. Y. Supp. 1125), entered April 14, 1916, which affirmed a judgment of the Court of Special Sessions of the City of New York convicting defendant of keeping and maintaining a disorderly house in violation of section 1146 of the Penal Law (Consol. Laws, c. 40). Robert M. Moore and John J. McGinnis, both of New York City, for appellant. Harry E. Lewis, Dist. Atty., of Brooklyn (Harry G. Anderson, of Brooklyn, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

PEOPLE, Respondent, v. EDELSTEIN, Appellant. (Court of Appeals of New York. June 13, 1916.) Appeal from an order of Appellate Judicial Department (169 App. Div. 967, 153 Division of the Supreme Court in the Second N. Y. Supp. 1132), entered June 17, 1915, which affirmed a judgment of the Kings County Court ant of the crime of extortion. See, also, 217 rendered upon a verdict convicting the defendN. Y. 661, 112 N. E. 1068. Martin T. Manton, of Brooklyn, for appellant. Harry E. Lewis, Dist. Atty., of Brooklyn (Harry G. Anderson, of Brooklyn, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

COCK, CHASE, COLLIN, HOGAN, CARDOWILLARD BARTLETT, C. J., and HISZO, and SEABURY, JJ., concur.

PEOPLE, Appellant, v. GANLY, County of New York. July 11, 1916.) Appeal from a Clerk, et al., Respondents. (Court of Appeals judgment of the Appellate Division of the Supreme Court in the First Judicial Department (170 App. Div. 702, 156 N. Y. Supp. 671), entered January 19, 1916, in favor of defendants, upon the submission, under section 1279 of the Code of Civil Procedure, of a controversy as to what is the amount of the fee which a notary, who is appointed in Bronx county, is required to pay to the clerk of that county, and what disposition is the clerk required to make of that fee. Egburt E. Woodbury, Atty. Gen. (Edward G. Griffin, Deputy Atty. Gen., of counsel), for the People. John Kadel, of New York City, for respondent Ganly. Lamar Hardy, Corp. Counsel (Terence Farley and John Lehman, both of New York City, of counsel), for respondent city of New York.

PER CURIAM. Judgment affirmed, with costs, on opinion of Scott, J., below.

HISCOCK, COLLIN, CUDDEBACK, HOWILLARD BARTLETT, C. J., and HIS-GAN, SEABURY, and POUND, JJ., concur. COCK, CHASE, COLLIN, HOGAN, CARDO- WILLARD BARTLETT, C. J., absent. ZO, and SEABURY, JJ., concur.

PEOPLE, Respondent, v. BRADFORD, Appellant. (Court of Appeals of New York. June 16, 1916.) Appeal from a judgment of the Court of General Sessions of the Peace in the County of New York, rendered January 28, 1916, upon a verdict convicting the defendant of the crime of murder in the first degree. Samuel S. Koenig, of New York City, Philip Thorne and Oliver L. Goldsmith, of New York City, for appellant. Edward Swann, Dist. Atty., of New York City (Robert C. Taylor, of New York City, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, COLLIN, HOGAN, CARDOZO, and SEABURY, JJ., concur.

PEOPLE, Respondent, v. CLEARY, Appellant. (Court of Appeals of New York. July 11, 1916.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (159 N. Y. Supp. 253), entered June 2, 1916, which affirmed a judgment rendered at a Trial Term for the county of Rockland upon a verdict convicting the defendant of the crime of forgery in the second degree. Edmund F. Driggs, of Brooklyn, for appellant. Egburt E. Woodbury, Atty. Gen. (Wilber W. Chambers, Deputy Atty. Gen., of counsel), and Thomas Gagan, Dist. Atty., of Haverstraw, for the People.

PER CURIAM. Judgment of conviction affirmed.

HISCOCK, COLLIN, CUDDEBACK, HOGAN, SEABURY, and POUND, JJ., concur.

PEOPLE, Respondent, v. GIBSON, Appellant. (Court of Appeals of New York. June 13, 1916.)

PER CURIAM. Motion for reargument denied. (See 218 N. Y. 70, 112 N. E. 730.)

PEOPLE, Respondent, v. GIORDANO, Appellant. (Court of Appeals of New York. June 16, 1916.) Appeal from a judgment of the Supreme Court, rendered December 22, 1915, at a Trial Term for the county of Monroe, upon a verdict convicting the defendant of the crime of murder in the first degree. Anthony Miceli, of Rochester, for appellant. John W. Barrett, Dist. Atty., of Webster (William F. Love, of Rochester, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

HISCOCK, COLLIN, CUDDEBACK, SEABURY, and POUND, JJ., concur. WILLARD BARTLETT, C. J., and HOGAN J., dissent.

PEOPLE, Respondent, v. HANEL, Appellant. (Court of Appeals of New York. July 11, 1916.) Appeal from a judgment of the Supreme Court, rendered March 13, 1916, at a Trial Term for the county of Kings upon a verdict convicting the defendant of the crime of murder in the first degree. Edmund F. Driggs, of Brooklyn, and James M. Fawcett, of New York City, for appellant. Harry E. Lewis, Dist. Atty., of Brooklyn (Ralph E. Hemstreet, of Brooklyn, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

HISCOCK, COLLIN, CUDDEBACK, HOGAN, SEABURY, and POUND, JJ., concur.

PEOPLE, Respondent, v. LUBAN, Appel-ty of Warren is liable for a proportionate share lant. (Court of Appeals of New York. June of the entire new bridge, or whether it is liable 16, 1916.) Appeal from an order of the Appel- only for the portion of the bridge which spans late Division of the Supreme Court in the Sec- the north channel, leaving the town of Moreau ond Judicial Department (157 N. Y. Supp. to pay exclusively, as it heretofore has, for the 1140), entered February 29, 1916, which af- maintenance of the portion which spans the firmed a judgment of the Kings County Court south channel, and for the highway across the rendered upon a verdict convicting the defend- island. Also whether Warren county is liable ant of the crime of forgery in the second degree. for any portion of the damages for the change Walter Rogers Deuel and Joseph Force Crater, in grade in the city of Glens Falls, and whether both of New York City, for appellant. Harry it can pass on the reasonableness of the length E. Lewis, Dist. Atty., of Brooklyn (Ralph E. of the approaches. Loyal L. Davis, of Glens Hemstreet, of Brooklyn, of counsel), for the Falls, for appellants. J. Edward Singleton, of People. Glens Falls, for respondent.

PER CURIAM. Judgment of conviction affirmed.

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, COLLIN, CARDOZO, and SEABURY, JJ., concur. HOGAN, J., dissents.

PEOPLE, Appellant, v. MYER, Respondent. (Court of Appeals of New York. June 16, 1916.) Appeal from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department (164 App. Div. 296, 150 N. Y. Supp. 317), entered November 11, 1914, which reversed a judgment rendered at a Trial Term for the county of Seneca upon a verdict convicting the defendant of the crime of arson in the second degree and granted a new trial. Leon S. Church, Dist. Atty., of Interlaken (Louis E. Fuller, of Rochester, of counsel), for appellant. N. D. Lapham, of Geneva, for respondent.

PER CURIAM. Appeal dismissed before argument.

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, COLLIN, HOGAN, CARDOZO, and SEABURY, JJ., concur.

PEOPLE, Respondent, v. SHILITANO, Appellant. (Court of Appeals of New York. May 30, 1916.)

PER CURIAM. Motion for reargument denied. See 218 N. Y. 161, 112 N. E. 733.

PEOPLE, Respondent, v. TALAS, Appellant. (Court of Appeals of New York. July 11, 1916.) Appeal from a judgment of the Court of General Sessions of the Peace in the County of New York, rendered November 5, 1915, upon a verdict convicting the defendant of the crime of murder in the first degree. Charles E. Le Barbier, of New York City, for appellant. Edward Swann, Dist. Atty., of New York City (Robert C. Taylor, of New York City, of counsel), for the People.

PER CURIAM. Judgment of conviction affirmed.

WILLARD BARTLETT, C. J., and HISCOCK, COLLIN, CUDDEBACK, HOGAN, SEABURY, and POUND, JJ., concur.

PER CURIAM. Order affirmed, with costs. WILLARD BARTLETT, C. J., and HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO, and POUND, JJ., concur.

PEOPLE ex rel. CONEY ISLAND JOCKEY CLUB, Respondent, v. PURDY et al., as Com'rs of Taxes and Assessments, Appellants. (Court of Appeals of New York. June 13, 1916.) Appeal from an order of the Appellate Division of the the Supreme Court in the Second Judicial Department (156 N. Y. Supp. 965), entered January 7, 1916, which affirmed an order of Special Term reducing an assessment for purpose of taxation upon real property of the relator for the year 1913. The defendants' appeal from a like affirmance by the Appellate Division of a Special Term final order reducing the assessment for the taxes of 1912 was lately before this court which affirmed the Appellate Division (213 N. Y. 652, 107 N. E. 1084; 161 App. Div. 943, 146 N. Y. Supp. 186). In both proceedings the defendants, commissioners of taxes, were identical. In both cases the assessment was reduced by the Special Term from $2,130,000 to $1,592,170. There was no difference in substance in the evidence in the two cases, and the been no change in the value of the premises beexpert witnesses, both sides, testified there had tween 1910 and 1913. The relator on the trial of this case offered in evidence the final order and findings of the 1912 case. The admission of such evidence was the subject of objection by defendants' counsel and was substantially the only point of law involved on appeal. Lamar Hardy, Corp. Counsel, of New York City (William H. King and Eugene Fay, both of New York City, of counsel), for appellants. John M. Bowers and Latham G. Reed, both of New York City, for respondent.

PER CURIAM. Order affirmed, with costs, the court being of the opinion that the previous determination was properly received in evidence as proof of value.

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO, and POUND, JJ., concur.

PEOPLE ex rel. rel. OLIN, Respondent, .v. WARDEN OF DIST. PRISON, Appellant. PEOPLE ex rel. CITY OF GLENS FALLS, (Court of Appeals of New York. June 6, 1916.) Respondent, v. WARREN COUNTY et al., Ap- Appeal from an order of the Appellate Division pellants. (Court of Appeals of New York. of the Supreme Court in the First Judicial DeJune 6, 1916.) Appeal from an order of the Ap- partment (155 N. Y. Supp. 905), entered Nopellate Division of the Supreme Court in the vember 19, 1915, which reversed an order of Third Judicial Department (170 App. Div. 144, Special Term dismissing a writ of habeas cor155 N. Y. Supp. 642), entered November 29, pus, sustained said writ and directed the dis1915, which sustained a writ of certiorari and charge of the relator from custody. Respondreversed a determination of the board of super- ent was arrested on complaint of her husband, visors of the county of Warren disallowing and charging that she was of intemperate habits and rejecting a claim of the relator for an amount, had been so for a period of two years prior to being the county's share of the expense of build- such complaint, and prayed that she be dealt ing a bridge across the Hudson river extending with according to the provisions of chapter 436 from the city of Glens Falls, in Warren county, of the Laws of 1903, specifically stating that to the village of South Glens Falls, Saratoga on May 6, 1915, she was in a state of intoxicacounty. The dividing line between the counties tion in the city and county of New York, and and between the city and the town is the center further stating that she had never been an inof the north channel of the Hudson river, which mate of the penitentiary. The question involved is formed by an island, and being the channel is whether the magistrate had jurisdiction to nearer the Warren county side. The question hear and determine the charge in the complaint presented upon this appeal is whether the coun--that is, whether he had authority to try a fe

male upon a charge of "being of intemperate | late Division of the Supreme Court in the habits," and, if he determined that the charge First Judicial Department (157 N. Y. Supp. was made out, to commit her to an institution. 1143), entered February 23, 1916, affirming a Edward Swann, Dist. Atty., of New York City judgment in favor of defendant entered upon a (Robert S. Johnstone and John G. Dyer, both dismissal of the complaint by the court at a of New York City, of counsel), for appellant. J. Trial Term in an action to recover for work Philip Berg, of New York City, for respondent. performed and materials furnished. The motion PER CURIAM. Order affirmed. was made upon the ground that the action was one for services; that the affirmance by the Appellate Division was unanimous; that permission to appeal had not been obtained; that the appeal was frivolous and taken only for delay, and that no proper return had been filed. Charles Thaddeus Terry and Edwin L. Gluck, both of New York City, for the motion. George T. Hogg, of New York City, opposed.

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO, and POUND, JJ., concur.

PEOPLE ex rel. PERRINE, Appellant, v. CONNOLLY, President of Borough of Queens, et al., Respondents. (Court of Appeals of New York. June 6, 1916.)

PER CURIAM. Motions to amend remittitur and for reargument denied, without costs. See 217 N. Y. 570, 112 N. E. 579.

PEOPLE ex rel. TOWN OF OYSTER BAY, Appellant, v. STATE TAX COMMISSION et al., Respondents. (Court of Appeals of New York. June 6, 1916.) Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (155 N. Y. Supp. 1134), entered November 22, 1915, which quashed a writ of certiorari to review an order of the state tax commission equalizing assessments between the three towns of Nassau county for the year 1911 and dismissed the proceeding. The controversy out of which the present proceeding arose was previously before this court, and is reported in 214 New York, at page 594, 108 N. E. at page 913, where the facts are fully stated. Henry A. Uterhart, of New York City, for appellant. Egburt E. Woodbury, Atty. Gen., for respondent state tax commission. Edgar M. Cullen and Alfred T. Davison, both of Brooklyn, for respondent town of Hempstead.

PER CURIAM. Appeal dismissed, with

costs.

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO, and POUND, JJ., concur.

In re REED. (Court of Appeals of New York. July 21, 1916.)

PER CURIAM. Motion for reargument denied. Nothing in our decision concludes the appellant Blanche T. Bechoff from proving that a deed has been delivered to her, and thereby making herself a party to the proceeding. See 218 N. Y. —, 113 N. E. 254.

REYNOLDS et al. v. REYNOLDS et al. (Court of Appeals of New York. May 30, 1916.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (167 App. Div. 90, 152 N. Y. Supp. 661), entered November 18, 1915, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term in an action to impress a trust upon personal property of John McGuire, deceased. The motion was made upon the ground of failure to file the undertaking on appeal. Henry F. Cochrane, of Brooklyn, for the motion. L. J. Morrison, of New York City, opposed.

PER CURIAM. Motion denied, without

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RICHARDSON PRESS, Appellant, v. ALBRIGHT, Respondent. (Court of Appeals of New York. May 30, 1916.) Motion to dis

PER CURIAM. Motion denied, without costs.

ROCKWELL, Respondent, v. LEWIS et al., Appellants. (Court of Appeals of New York. May 30, 1916.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (168 App. Div. 674, 154 N. Y. Supp. 893), entered July 3, 1915, affirming an award of the Workmen's Compensation Commission. The motion was made upon the ground that the notice of appeal was served prior to the time when permission to appeal was granted and that none has been served since. E. C. Aiken, of Albany, for the motion. W. H. Michell, of Syracuse, opposed.

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

ROTHENBERG, Appellant, v. COLLINS, Respondent. (Court of Appeals of New York. May 30, 1916.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (161 App. Div. 387, 146 N. Y. Supp. 762), entered March 24, 1914, reversing a judgment in favor of plaintiff entered upon a verdict in an action for malpractice; also a motion on behalf of appellant to postpone argument. The motion to dismiss was made upon the ground of failure to file the return. George B. Draper, of Rochester, for appellant. George D. Reed, of Rochester, for respondent.

PER CURIAM. Motion granted, and appeal dismissed, with costs and $10 costs of motion, and motion to postpone argument until fall session denied, with $10 costs of motion, unless appellant within 10 days pay to respondent $10 costs of each motion, in which event the argument of the case is postponed until the fall session, and the motion to dismiss appeal is denied, with the privilege to renew the same in case the appellant does not at the earliest opportunity make such application as he may desire to the Appellate Division and promptly serve his cases on appeal after the disposition of such application.

RUSLANDER, Respondent, v. EVANGELICAL LUTHERAN ST. JOHANNES GEMEINDE IN MIDDLE EBENEZER, Appellant. (Court of Appeals of New York. May 30, 1916.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (156 N. Y. Supp. 1143), entered December 8, judgment in favor of plaintiff entered upon a 1915, modifying, and affirming as modified, a decision of the Erie County Court on trial at an Equity Term. The motion was made upon the grounds that defendant is not a party aggrieved, the judgment having been entered upon its own motion; that the Appellate Division had unanimously affirmed the findings of fact, that no questions of law were involved, and that the appeal was taken merely for the purpose

motion. Edward W. Hamilton, of Buffalo, op-, the defendant's property was not within the posed. area covered by the alleged restrictive agreePER CURIAM. Motion denied, with $10 ment. This motion was granted. It appears

costs.

from the defendant's answer that his property was conveyed previous to the execution of the SCHAFFER, Respondent, v. MILLER, Ap-is no reference whatever to the agreement or to alleged agreement, and in his chain of title there pellant. (Court of Appeals of New York. May 12, 1916.) Appeal from a judgment of the any covenants. In addition to this, by the terms of the alleged restrictive agreement definAppellate Division of the Supreme Court in ing the area to be covered, the defendant's propthe First Judicial Department (163 App. Div. erty is excluded, as this agreement never pur892, 147 N. Y. Supp. 1139), entered May 25, ported to cover lands on the westerly side of 1914, affirming a judgment in favor of plaintiff Madison avenue. Edmund L. Baylies, Walter entered upon a verdict in an action to recover F. Taylor, and Edwin D. Bechtel, all of New for malicious prosecution. Plaintiff, a lumber York City, for appellants. Jabish Holmes, salesman employed by defendant, sold certain Francis J. McBarron, and P. S. Dean, all of lumber and received payment therefor which New York City, for respondent. he failed to pay over to the defendant. Thereafter, on the affidavit of defendant's manager charging plaintiff with larceny, he was arrested, admitted to bail and thereafter discharged by the magistrate. Frederick W. Block, of New York City, for appellant. Martin L. Stover and Hardie B. Walmsley, both of New York City, for respondent.

PER CURIAM. Judgment affirmed, with Judgment affirmed, with costs.

PER CURIAM

Judgment affirmed, with

costs.
CHASE, COLLIN, HOGAN, CARDOZO,
concur. WILLARD
and SEABURY, JJ.,
BARTLETT, C. J., and HISCOCK, J., dissent.
In re SCOVILL et al. (Court of Appeals of
New York. June 6, 1916.) Appeal, by permis-
sion, from an order of the Appellate Division of
the Supreme Court in the Fourth Judicial De-
partment (155 N. Y. Supp. 1140), entered Oc-

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, COLLIN, HOGAN, CARDO-tober 20, 1915, which affirmed an order of the ZO, and SEABÚRY, JJ., concur.

SCHMITT, Respondent, v. NEVINS, Appellant. (Court of Appeals of New York. June 16, 1916.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (165 App. Div. 951, 150 N. Y. Supp. 1111), entered December 1, 1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action is based on a written agreement between Fred C. Mayer, Jr., and defendant, dated March 4, 1909. Defendant at that time owned ten shares of stock in a corporation which Mayer desired to buy and did buy at par. At the time of the sale the parties agreed that if Mayer ceased for any reason to be employed by said corporation, by which he was then employed, within five years thereafter, he would, "upon his retirement from the employ of said company," sell back to defendant the stock at the price paid, with interest at 6 per cent., less the amount of any dividends paid. Defendant agreed to purchase the stock from him on these Mr. Mayer died on May 21, 1911, leaving a will in which his wife was named as executrix, and, after she had qualified as such, she brought this action, first offering to defendant the ten shares of stock for the price named in the agreement. Mr. Mayer was in the employ of said corporation when the agreement was made and he continued in its employ until his death. The defendant denied that he was obligated, under the terms of the contract, to purchase said stock. William S. Haskell, of New York City, for appellant. John B. Richards, of Buffalo, for respondent.

PER CURIAM. Judgment affirmed, with

costs.

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, COLLIN, HOGAN, CARDOZO, and SEABURY, JJ., concur.

SCHOONMAKER et al., Appellants, HECKSCHER, Respondent. (Court of Ap peals of New York. June 16, 1916.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (171 App. Div. 148, 157 N. Y. Supp. 75), entered February 3, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at Special Term in an action to enforce the so-called Murray Hill building restriction agreement. The defendant moved for a dismissal of the complaint upon the pleadings on the ground that

Livingston County Surrogate's Court directing trial by jury of controverted questions of fact arising upon the hearing of a contested claim against the estate of John Hyland, deceased. The following question was certified: "In view of the stipulation heretofore filed in this proceeding, that claimant's claim be 'heard and determined by and before the surrogate of Livingston county, upon the judicial settlement of said estate, in pursuance of the statute in such case made and provided,' had the surrogate, against the objections of the executors, the power, under and pursuant to the provisions of section 2771 of the Code of Civil Procedure, as amended by chapter 274 of the Laws of 1915, and section 2538 of the Code of Civil Procedure, as amended by chapter 275 of the Laws of 1915, to make the order appealed from, which directs a jury trial of the issues in said matter." Nathan L. Miller, of Syracuse, for appellants. John F. Connor, of Mt. Morris, and Charles D. Newton, of Geneseo, for respondent.

PER CURIAM. Order affirmed, with costs, and questions certified answered in the affirmative.

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO, and POUND, JJ., concur.

In re SEAICH. (Court of Appeals of New York. May 30, 1916.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (170_App. Div. 686, 156 N. Y. Supp. 579), entered January 4, 1916, which modified, and affirmed as modified, an order of Special Term confirming the report of appraisers in the above-entitled proceeding. The motion was made upon the grounds that the decision of the Appellate Division was unanimous, that the exceptions were frivolous and the appeal taken for purposes of delay only. William J. Moran, of New York City, for the motion. H. B. Twombly, of New York City, opposed.

PER CURIAM. Motion denied, with $10 costs.

SMITH, Respondent, v. STATE, Appellant. (Court of Appeals of New York. May 9, 1916.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (155 N. Y. Supp. 1141), entered November 9, 1915, affirming an award of the Board of Claims. The claim was filed to recover for personal injuries to claimant's intestate, Christopher Smith, by reason of the

alleged negligence of the state of New York, The complaint further alleged a demand on dein the way it maintained a bridge over the Erie canal at Seventh street in the city of Watervliet. See, also, 214 N. Y. 140, 108 N. E. 214. Egburt E. Woodbury, Atty. Gen. (Wilbur W. Chambers, Deputy Atty. Gen., of counsel), for the State. John F. Murray, of Troy, for respondent.

PER CURIAM. costs.

Judgment affirmed, with

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, COLLIN, HOGAN, CARDOZO, and SEABURY, JJ., concur.

SMITH et al., Respondents, v. WINSTON et al., Appellants. (Court of Appeals of New York. July 11, 1916.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (165 App. Div. 938, 149 N. Y. Supp. 713), entered November 18, 1914, affirming a judgment in favor of plaintiffs entered upon a verdict in an action to recover for the death of plaintiffs' intestate alleged to have been occasioned through the negligence of the defendants, his employers. Plaintiffs alleged that the accident occurred through the negligence of the defendants, their superintendent, foreman, and those charged with the duty of supervising the work in which and the place of work where the said intestate was engaged by the express command and direction of the defendants' foreman, and through the failure and neglect of the defendants to make, promulgate and enforce suitable, proper and reasonable rules and regulations for the protection of plaintiffs' intestate in the work at which he was engaged at the time of his death, and through the failure and neglect of the defendants to guard and keep reasonably safe the place where he was working under certain cars upon a siding at the time of receiving the injuries from which he died. The defense was that the proximate cause of the death of the plaintiffs' intestate was his own negligence; that he had full knowledge of the character, condition and surroundings of his work; that the defendants furnished him with a reasonably safe place in which to work, and reasonably safeguarded him in his work. A. T. Clearwater, of Kingston, for appellants. John G. Van Etten, of Kingston, for respondents. PER CURIAM. Judgment affirmed, with costs.

WILLARD BARTLETT, C. J., and HISCOCK, COLLIN, CUDDEBACK, HOGAN, SEABURY, and POUND, JJ., concur.

fendants for a statement of the cost of the property, interest and taxes, the refusal of the defendants to furnish it, that plaintiff was willing to accept the option, but by reason of defendants' refusal to furnish the statement, plaintiff's inability to tender the amount, and the further fact that defendants have denied that plaintiff has any rights under this agreement and to be bound by it. The following question was certified: "Is the complaint sufficient in law to establish a cause of action against the respondent Orlando T. Carpenter?" Mervyn Mackenzie, of New York City, for appellant. James Dunne, of New York City, for respondents.

PER CURIAM. Order affirmed, with costs, and question certified answered in the nega

tive.

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO, and POUND, JJ., concur.

TOMPKINS COUNTY CO-OPERATIVE FIRE INS. CO., Respondent, v. MALONEY, Appellant. (Court of Appeals of New York. May 30, 1916.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (166 App. Div. 953, 151 N. Y. Supp. 1147), entered January 20, 1915, affirming a judgment in favor of plaintiff entered upon the report of a referee. The motion was made upon the grounds that the affirmance by the Appellate Division was unanimous, and of failure to file the required return. George B. Davis, of Ithaca, for the motion. E. H. Lewis, of Syracuse, opposed.

PER CURIAM. Motion denied, on payment by the appellant of $10 costs within 10 days; if this condition is not complied with, the motion is granted, and appeal dismissed, with costs, and $10 costs of motion.

In re UNION TRUST CO. OF NEW YORK. (Court of Appeals of New York. May 30, 1916.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (170 App. Div. 176, 156 N. Y. Supp. 32), entered December 29, 1915, which modified, and affirmed as modified, an order of the New York County Surrogate's Court sustaining objections to the account of the substituted trustee under the will of Christian E. Detmold, deceased. The in which to take the appeal had expired and motion was made upon the grounds that time that the Court of Appeals, in any event, had no jurisdiction to entertain the same. James R. Deering, of New York City, for the motion. L. Laflin Kellogg, of New York City, opposed. PER CURIAM. Motion denied, without costs.

STOKES, Appellant, v. CARPENTER et al., Respondents. (Court of Appeals of New York. June 6, 1916.) Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (157 N. Y. Supp. 1146), entered January 14, 1916, which affirmed an order of Special Term denying a motion by plaintiff for judgment on the pleadings and sustaining a demurrer to the amended complaint, which shows that on or about the 13th day of September, 1909, the deUPTON CO., Respondent, v. FLYNN, Appelfendant Orlando T. Carpenter and Reese Car- lant, et al. (Court of Appeals of New York. penter entered into the following agreement May 23, 1916.) Appeal from a judgment of with plaintiff: "New York, Sept. 13, 1909. the Appellate Division of the Supreme Court in In consideration of one dollar ($1.00) of which the Fourth Judicial Department (169 App. Div. this is a receipt and in view of past services, 79, 154 N. Y. Supp. 725), entered August 18, it is agreed, for what you have done and for 1915, modifying, and affirming as modified, a what you are about to do, in helping us and judgment in favor of plaintiff entered upon in giving your time and attention in the mat- a decision of the Monroe County Court at a ters of Kensico and the surrounding country, we Trial Term, without a jury, in an action to hereby agree that you shall have the option of foreclose a mechanic's lien. Glenn L. Buck, of purchasing one-half of our interests in the prop- Rochester, for appellant. William T. Plumb, erty adjoining Kensico at just what it costs of Rochester, for respondent. with interest and taxes. Orlando T. Carpenter. Reese Carpenter. To W. E. D. Stokes, Hotel Ansonia, New York City." The complaint described certain lands and alleged them

PER CURIAM. Judgment affirmed, with costs.

WILLARD BARTLETT, C. J., and CHASE, COLLIN, CUDDEBACK, CARDOZO, SEA

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