pany, or from voting the stock held by the Hayes Company in the Howell-Hinchman Company; but such voting may not be done in furtherance of any act otherwise forbidden in the order. Defendants enjoined from entering into any engagement in any way enlarging in time or amount any salaries or compensation to any officer or director of the Howell-Hinchman Company, or from doing any act in the management of the Howell-Hinchman Company that is not in the course of the usual business of that company. Order, as so modified, affirmed, without costs. Jenks, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ., concur. Settle order before Mr. Justice Thomas. Ferd G. HUSTON, Respt., v. Samuel COHEN, Applt. Same v. Same. (Supreme Court, Appellate Division, First Department. December 28, 1917.) Orders affirmed, with $10 costs and disbursements. No opinion. Orders filed. William T. HUTCHESON, appellant, v. WILSON & CO., respondent. (Supreme Court, Appellate Division, Second Department. November 2, 1917.) Order of the County Court of Nassau County affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Thomas, Stapleton, Mills, and Putnam, JJ., concur. In the matter of HUYLER'S, a corporation. (Supreme Court, Appellate Division, First DeOctober 26, 1917.) Orders afpartment. firmed, with $10 costs and disbursements in each. No opinions. Orders filed. In the matter of the claim for compensation under the Workmen's Compensation Law, made by Dennis E. HYNES, claimant-respondent, v. The PULLMAN COMPANY, employer and selfinsurer, appellant. (Supreme Court, Appellate Division, Third Department. November 28, 1917.) Motion granted. In the matter of the probate of the last will and testament of Henry R. HOWELL, deceased. (Supreme Court, Appellate Division, Second Department. November 9, 1917.) Decree of the Surrogate's Court of Kings County affirmed by default, with costs. Jenks, P. J., and Thom-vember 9, 1917.) Appeal dismissed by default, as, Rich, Putnam, and Blackmar, JJ., concur. In the matter of George H. HUBER, deceased. (Supreme Court, Appellate Division, First Department. November 30, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. William S. HUGHES, Applt., v. The CITY OF NEW YORK et al., Respts. (Supreme Court, Appellate Division, First Department. November 9, 1917.) Judgment affirmed, with costs. No opinion. Order filed. Harry H. HUGHES, Respt., v. STATE & CITY REALTY CO., Impleaded, etc., Applt. (Supreme Court, Appellate Division, First Department. October 26, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. Joseph H. HUNSBERGER et al.. Respts., V. GUARANTY TRUST CO. OF NEW YORK, Applt. (Supreme Court, Appellate Division, First Department. October 26, 1917.) Judgment and order affirmed, with costs. No opinion. Order filed. See, also, 164 App. Div. 740, 150 N. Y. Supp. 190. Frederick H. HURDMAN, appellant, v. GEDNEY FARM COMPANY, Inc., respondent. (Supreme Court, Appellate Division, Second Department. November 19, 1917.) Judgment affirmed, with costs. No opinion. Jenks, P. J., and Thomas, Stapleton, Mills, and Rich, JJ., concur. IMPERATOR REALTY COMPANY, Inc., appellant, v. TESREMOS REALTY CORPORATION et al., defendants; Edmond F. MeCarthy, receiver, respondent. (Supreme Court, Appellate Division, Second Department. Nowith $10 costs and disbursements. Thomas, Stapleton, Rich, and Blackmar, JJ., concur. The INSURANCE CO. OF THE STATE OF PENNSYLVANIA, Applt.. v. EAST JERSEY RAILROAD & TERMINAL CO., Respt. (Supreme Court, Appellate Division, First Department. November 9, 1917.) Judgment and order affirmed, with costs. No opinion. Order filed. INTERNATIONAL PAPER CO. v. N. Y. CENTRAL RAILROAD CO. (Supreme Court, Appellate Division, First Department. October 26, 1917.) Application granted, upon plaintiff's filing stipulation required by order. Order signed. See, also, 166 N. Y. Supp. 751. Jonas IWANAUSKAS, Respt., v. PHILADELPHIA & READING COAL & IRON CO., Applt. (Supreme Court, Appellate Division, First Department. November 9, 1917.) Judgment and order affirmed, with costs. No opinion. Scott and Davis, JJ., dissent, on the ground that the matter of the safety of the rock was one for the determination of the mine foreman, and that his determination that it was safe enough to proceed with the work relieves the defendant from responsibility. Order filed. George JACOBSON, as Adm'r, Applt., v. INTERBOROUGH RAPID TRANSIT CO., Respt. (Supreme Court, Appellate Division, First Department. December 7, 1917.) Judgment affirmed, with costs. No opinion. Order filed. George JACOBSON v. INTERBORO R. T. CO. (Supreme Court, Appellate Division, First Department. December 28, 1917.) Motion denied, with $10 costs. Order filed. J. A. KIRSCH & CO., Inc., Respt., v. Joseph De A. BENYUNES, Applt. (Supreme Court, Appellate Division, First Department. November 9, 1917.) Order affirmed, with $10 costs and disbursements, with leave to defendant to answer on payment of costs. No opinion. Order filed. JAMESTOWN MANTEL CO., Respt., v. BE GLAD CONSTRUCTION CORPORATION et al., Applts. (Supreme Court, Appellate Division, Fourth Department. December 7, 1917.) Judgment affirmed, with costs. All concur. Lambert, J., not sitting. Natalie Georger JEWETT, as Adm'x, etc., Respt., v. NEW YORK CENTRAL R. R. CO., Applt. (Supreme Court, Appellate Division, Fourth Department. November 21, 1917.) Judgment and order affirmed, with costs. All concur. Tefft JOHNSON v. WM. FOX VAUDE VILLE CO. (Supreme Court, Appellate Division, First Department. November 30, 1917.) Motion denied, with $10 costs. Order filed. William A. JOHNSTON, Respt., v. EXHIBITORS' TRADE REVIEW, Applt. (Supreme Court, Appellate Division. First Department. December 28, 1917.) Order affirmed, with $10 costs and disbursements, with leave to defendant to withdraw demurrer and to answer on payment of costs. No opinion. Order filed. Hugh H. JONES, Applt., v. Daniel P. BERGHEIMER, Respt. (Supreme Court, Appellate Division, First Department. December 21, 1917.). Judgment affirmed, with costs. No opinion. Order filed. Almiria P. JONES, respondent, v. EAGLE SAVINGS & LOAN COMPANY, appellant. (Supreme Court, Appellate Division, Second Department. December 7, 1917.) Motion denied, on condition that appellant perfect the appeal, place the case on the calendar for the January, 1918, term, and be ready for argument when reached; otherwise, motion granted, with $10 costs. Albert JONES, Respt., v. RODGERS & HAGERTY, Inc., Applt. (Supreme Court, Appellate Division, First Department. December 21, 1917.) Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, on the ground that the verdict with respect to defendant's negligence and plaintiff's freedom from contributory negligence is against the weight of the evidence. Order filed. J. PITMAN CO. v. PREFERRED ACCIDENT INS. CO. OF N. Y. (Supreme Court, Appellate Division, First Department. October 26, 1917.) Application denied, with $10 costs. Order signed. In the matter of the claim of Giuseppe JUDICE (Guidici) v. DEGNON CONTRACTING COMPANY, employer and self-insurer, applt. (Supreme Court, Appellate Division, Third Department. November 14, 1917.) Award unanimously affirmed. Alexander JUTKOVITZ, Respt., v. MARYLAND CASUALTY CO., Applt. (Supreme Court, Appellate Division, First Department. December 28, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. Eli KAMENER and Jacob Wachsman, respondents, v. Walter H. ROZELL, appellant. (Supreme Court, Appellate Division, Second Department. November 2, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Mills, Rich, Putnam, and Blackmar, JJ., concur. Stephen KAMINSKI, Applt., v. The POLISH NATIONAL CATHOLIC CHURCH OF THE HOLY MOTHER OF THE ROSARY, OF BUFFALO, N. Y., Respt. (Supreme Court, Ap7, 1917.) Order reversed, with $10 costs and pellate Division, Fourth Department. December disbursements, and motion denied with $10 costs unless within 10 days from the service of a copy of this order, with notice of entry thereof, the notes described in the complaint may be receivdefendant stipulates that the certificates or ed in evidence on the trial and shall constitute prima facie evidence of indebtedness of defendant as stated therein and of the execution of said certificates or notes, and in case the defendant so stipulates the order appealed from is affirmed, without costs. All concur. Daniel KANAUGH, as administrator of the goods, chattels and credits of Catherine E. Kanaugh, deceased, respt., v. George H. UNDERHILL, applt. (Supreme Court, Appellate Division, Third Department. November 28, 1917.) Order reversed, with $10 costs and disbursethe condition that the defendant file a stipulaments; default opened and judgment vacated, on tion agreeing to take the testimony of the plaintiff, if desired, before Charles O. Pratt, Esq., counselor at law, who is hereby appointed a referee for such purpose, and pays said $10 costs and disbursements, and $30 trial fees and disbursements of the Trial Term. If such stipulation is not filed, and said cost paid, order unanimously affirmed, with $10 costs and disbursements. All concur. Matter of Abram KAPLAN, etc., deceased. (Supreme Court, Appellate Division, First Department. November 16, 1917.) Motion to dismiss appeal granted, with $10 costs. Order filed. Maurice KATZ v. Louis SILBERMAN. (Su-] KEILBERT CONSTR. CO. V. Edward preme Court, Appellate Division, First Depart- FREY and another. (Supreme Court, Appellate ment. December 14, 1917.) Application denied, Division, First Department. December 14. with $10 costs, and stay vacated. Order signed. 1917.) Motion denied, with $10 costs. Order filed. Anna KEARNEY, an infant, etc., by James T. Crane, her guardian ad litem, respondent, v. VITAGRAPH COMPANY of AMERICA, appellant. (Supreme Court, Appellate Division, Second Department. November 19, 1917.) Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce the verdict to the sum of $4,000, in which event the judgment, as so modified, and the order, are unanimously affirmed, without costs. Stapleton, Mills, Rich, Putnam, and Blackmar, JJ., concur. KEILBERT CONSTRUCTION CO., Inc., Respt., v. Edward FREY et al., Applts. (Supreme Court, Appellate Division, First Depart ment. November 9, 1917.) Judgment affirmed, with costs. No opinion. Order filed. See, also, 161 N. Y. Supp. 156. Frederick KEITH, Respt., v. Matilda SUSSMAN, Applt. (Supreme Court, Appellate Division, First Department. November 30, 1917.) Judgment and order affirmed, with costs. No opinion. Order filed. In the matter of the application, etc., for removal of a Town Clerk, on complaint of John C. KENNAHAN against Thomas O'CONNELL, as Town Clerk of the Town of North Hempstead, etc. (Supreme Court, Appellate Division, Second Department. December 7, 1917.) Motion to dismiss the charges specified in the original petition, on the ground that the offenses took place in a prior term of office, denied, without prejudice to a reconsideration of the question upon the merits upon the final submission. November KIRKE LA SHELLE CO., suing, etc., Respt., pleaded, etc., Applts. (Supreme Court, Appelv. The PAUL ARMSTRONG CO. et al., imlate Division, First Department. 30, 1917.) Judgment affirmed, with costs, with leave to defendants to withdraw demurrer and to answer on payment of costs in this court and in the court below. No opinion. Order filed. See, also, 173 App. Div. 881, 157 N. Y. Supp.909; 173 App.Div. 232, 159 N.Y.Supp. 363. Herman A. KLATT, respondent, v. Emilie KLATT, appellant. (Supreme Court, Appellate Division, Second Department. December 7, 1917.) Judgment affirmed, without costs, upon the ground that the evidence of unwifely conduct on defendant's part, outside of direct proof of adultery charged in the complaint, was in our judgment competent upon the trial of the cause of action for separation, notwithstanding the verdict in defendant's favor upon the trial of the framed issues of adultery under the cause of action for divorce, and upon the further ground that at folio 353 of the record the de fendant in court, by her counsel, admitted, in [ effect, that all the evidence against her, except that as to the actual commission of adultery, was true. We, however, reverse the finding of fact that plaintiff did not have sexual intercourse with the defendant after November, 1915, and that he was not the father of the child born to defendant on October 26, 1916, and also the conclusion of law to the same effect, because we consider that the verdict of the jury was conclusive in her favor upon those issues or questions. Jenks, P. J., and Thomas, Mills, Putnam, and Blackmar, JJ., concur. Settle order before Mr. Justice Mills. Irene KLEIN, an infant, etc., respondent, v. MANHATTAN STEAM BAKERY, Inc., and another, appellants. (Supreme Court, Appellate Division, Second Department. November 16, 1917.) Motion for reargument granted, and case set down for Wednesday, December 5, 1917. Milton Edward LANGRIDGE, an infant, etc., Alexander KLEIN. respondent, v. MANHAT- (Supreme Court, Appellate Division, Second Derespondent, v. William THURSTON, appellant. TAN STEAM BAKERY, Inc., and another, appartment. November 16, 1917.) Judgment and pellants. (Supreme Court, Appellate Division, order unanimously affirmed by default, with Second Department. November 16, 1917.) Mo- costs. tion for reargument granted, and case set down for Wednesday, December 5, 1917. In the matter of KNAPP & FRENCH, Inc. (Supreme Court, Appellate Division, First Department. October 26, 1917.) Orders affirmed, with $10 costs and disbursements against the appellant personally. No opinion. Order filed. See, also, 170 App. Div. 958, 959, 155 N. Y. Supp. 166; 170 App. Div. 969, 155 N. Y. Supp. 1117. Jesse G. W. KRIESS, Respt., v. ÆTNA LIFE INSURANCE CO., Applt. (Supreme Court, Appellate Division, Fourth Department. November 21, 1917.) Judgment and order affirmed, with costs. All concur, except Merrell, J., and De Angelis, J., who dissent, and vote for reversal and dismissal of the complaint. Kathryn F. KRONENWETT, respondent, v. William KRONENWETT, appellant. (Supreme Court, Appellate Division, Second Department. November 19, 1917.) Judgment affirmed, with costs. No opinion. Jenks, P. J., and Thomas, Stapleton, Mills, and Rich, JJ., concur. Beckie LACOV, respondent, v. BIG "T" FILM CORPORATION, et al., defendant; James O. Miller, appellant. (Supreme Court, Appellate Division, Second Department. November 2, 1917.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Mills, Rich, Putnam, and Blackmar; JJ., concur. LAND & LAKE ASSOCIATION, applt., v. Walter H. BEARDSLEY, respt. (Supreme Court, Appellate Division, Third Department. November 16, 1917.) Sent to the Fourth Department. Cochrane, J., not sitting. See, also, 163 N. Y. Supp. 224. Maria LANZA et al., Applts., v. CLARENCE L. SMITH CO., Respt. (Supreme Court, Appellate Division, First Department. November 9, 1917.) Judgment and order affirmed, with costs. No opinion. Order filed. John S. LAPP, Respt., v. The LOCKE INSULATOR MFG. CO., Applt. (Supreme Court, Appellate Division, Fourth Department. December 5, 1917.) Motion for leave to appeal to the Court of Appeals denied, with $10 costs. Mathias LAZAROFF v. CHARLES D. NORTON CO. (Supreme Court, Appellate Division, First Department. October 26, 1917.) Application denied, with $10 costs. Order signed. Augustin LEDWITH v. David S. FLYNN. (Supreme Court, Appellate Division, First Department. December 14, 1917.) Motion granted, with $10 costs. Order filed. In the matter of the claim of PHILIP LE FEVRE (Fielding) v. FLINN O'ROURKE CO. applts. (Supreme Court, Appellate Division, Third Department. November 14, 1917.) Award unanimously affirmed. Joseph LEIFER v. Meyer S. SCHEINMAN. (Supreme Court, Appellate Division, First Department. December 28, 1917.) Motion denied, with $10 costs. Order filed. Catharine LEININGER, respondent, v. The CITY OF NEW YORK, appellant. (Supreme Court, Appellate Division, Second Department. November 9, 1917.) Although the mere difference in height of these flagstones on the sidewalk may not have established negligence of the city where an edge of one flagstone measured 31⁄2 inches above the edge of the next one, yet the jury could have found from the testimony of plaintiff that she had caught her foot under the edge of this raised flagstone. The evidence of the patrolman, Mahoney, showed that at this joint the water had washed out the dirt, leaving an opening in which the foot might be caught. This was confirmed from the evidence of a prior accident to the witness Braun at this place, by which her foot was caught, causing a fall and a knee dislocation. The facts raised an issue for the jury, with whose verdict we see no occasion to interfere. The judgment and order are accordingly unanimously affirmed, with costs. Rose LESLIE, Respt., v. Charles DILLING. HAM, Applt. (Supreme Court, Appellate Division, First Department. December 28, 1917.) Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $3,500, in which event, judgment, as so modified, and order, affirmed, without costs. No opinion. Settle order on notice. Matter of LODGE PRINCIPLE & CIVILITY & NEW SALERNITANA SOCIETY ORDER SONS OF ITALY. (Supreme Court, Appellate Division, First Department. December 14, 1917.) Motion granted, unless appellant complies with terms of order. Order filed. William P. LOGAN, applt., v. Albert GUGGENHEIM, respt. (Supreme Court, Appellate Division, Third Department. November 28, 1917.) Order reversed, with costs, and verdict reinstated, on the ground that the error pointed out by the trial justice as a ground for setting aside the verdict was harmless and not prejudicial to the defendant. All concur. Mary Ellen LONG, as Adm'x, etc., Respt., v. Gilbert E. LOPER, respondent, v. Lewis Josephine Knapp_LESTER, appellant, v. Sophie R. H. LEVY v. COMMERCIAL TRUST CO. (Supreme Court, Appellate Division, First Department. December 28, 1917.) Application denied, with $10 costs. Order signed. Lillian Smith LEWIS et al., appellants, v. David F. BUTCHER et al., respondents. Action No. 1. (Supreme Court, Appellate Division, Second Department. November 16, 1917.) Motion denied, without costs. Lillian Smith LEWIS et al., appellants, v. David F. BUTCHER et al., respondents. Action No. 2. (Supreme Court, Appellate Division, Second Department. November 16, 1917.) Motion denied, without costs. Lillian Smith LEWIS et al., appellants, v. David F. BUTCHER et al., respondents. Ac tions 1 and 2. (Supreme Court, Appellate Division, Second Department. November 19, 1917.) Motions denied. 19, 1917.) Judgment affirmed on reargument, with costs. On re-examination of the record, we find no evidence that the note was negotiated in violation of instructions, or in breach of faith, or under such circumstances as amounted to a fraud. It is not shown when the conversation between defendant and Schroeder took place, whether before or after the note was ne gotiated, which was evidenced by plaintiff's possession of the note duly indorsed. The statement of Schroeder that he then had the note in his possession is not competent to impeach plaintiff's title. The production by plaintiff of the note duly indorsed raises the presumption The prethat he was a holder in due course. sumption was not overthrown by defendant's evidence, and the direction of the verdict was right. Jenks, P. J., and Thomas, Stapleton, Mills, and Blackmar, JJ., concur. Thomas M. LOSIE, as executor, etc., of Arthur T. Losie, respt., v. The METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, applt. (Supreme Court, Appellate Division. Third Department. November 14, 1917.) Judgment and order unanimously affirmed, with costs. Isaac LOWENFELD et al. as Ex'rs, etc., Applts.-Respts., v. U. S. FIDELITY & GUARANTY CO., Respt.-Applt. (Supreme Court, Appellate Division, First Department. November 9, 1917.) Judgment affirmed. No opinion. Order filed. Isaac LOWENFELD et al. Y. U. S. FI DELITY & GUARANTY CO. (Supreme Court, Appellate Division, First Department. December 14, 1917.) Motion for reargument denied. Motion for leave to appeal granted. Order filed. Ethel L. LOWENTHAL v. Henry LOWENTHAL. (Supreme Court, Appellate Division, First Department. December 14, 1917.) Motion granted, with $10 costs. Order filed. |