OFFICIAL EDITION.

THE

MISCELLANEOUS REPORTS.

CASES DECIDED

IN THE

COURTS OF RECORD

OF THE

STATE OF NEW YORK

OTHER THAN THE

Court of Appeals and the Appeliate Division of the Supreme Court.

JOSEPH A. LAWSON, REPORTER.

VOLUME XCIV.

1916

J. B. LYON COMPANY, PUBLISHERS
ALBANY, N. Y.

गौ

Entered according to act of Congress, in the year one thousand nine hundred and sixteen,

BY FRANCIS M. HUGO, SECRETARY OF THE STATE OF NEW YORK,

In trust for the benefit of the People of the said State in the office of the Librarian of Congress, at Washington, D. C.

NOV 23 1916

Justices of The Supreme Court

OTHER THAN THOSE DESIGNATED TO CONSTITUTE THE APPELLATE DIVISION.

EIGHTH JUDICIAL DISTRICT.

Hon. MARTIN J. KEOGH,

"

WESLEY C. DUDLEY,

EDWARD K. EMERY,

JOSEPH MORSCHAUSER,

NINTH JUDICIAL DISTRICT.

Hon. LOUIS W. MARCUS,

ALEXANDER FINELITE,

EDWARD B. LA FETRA,

RICHARD T. LYNCH,

JUSTICES OF THE CITY COURT OF THE CITY OF NEW YORK.

Hon. EDWARD F. O'DWYER, CH. J., Hon. JOHN V. MCAVOY,

64

"

JAMES A. ALLEN,

WILLIAM L. RANSOM,

Hon. THOMAS C. T. CRAIN,

"

JAMES T. MALONE,

JOSEPH F. MULQUEEN,

Hon. J. ADDISON YOUNG.

Hon. WILLIAM P. PLATT,

6

CHARLES A. POOLEY,
HARRY L. TAYLOR,
CHARLES B. WHEELER.

ARTHUR S. TOMPKINS,

" PETER SCHMUCK,

JUDGES OF THE COURT OF GENERAL SESSIONS OF THE PEACE OF THE CITY OF NEW YORK.

RICHARD H. SMITH.
LORENZ ZELLER.

Hon. CHARLES C. NOTT, Jr.,
a OTTO A. ROSALSKY,

EDWARD SWANN.

Hon. WILLIAM H. WADHAMS.

* Also designated by the Appellate Division, First Department, to hold the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York for the boroughs of Manhattan and The Bronx, and the Municipal Court of the city of New York for the boroughs of Manhattan and The Bronx.

† Also designated by the Appellate Division, Second Department, to hold the Appellate Term of the Supreme Court for the hearing of appeals from judgments or orders of the Municipal Court rendered or made in the Second Judicial District.

Appointed by the Governor, January 1, 1916, vice George L. Ingraham, resigned. § Appointed by the Governor, February 9, 1916, vice John J. Brady, deceased. Appointed by the Governor, April 19, 1916, vice Samuel T. Maddox, deceased. ¶ Appointed by the Governor, February 22, 1916, vice James A. Robson, deceased. ** Appointed by the Governor, February 22, 1916, vice Arthur E. Sutherland, resigned.

iv

† Appointed by the Governor, February 1916, vice Robert F. Thompson, resigned. Appointed by the Governor, January 3, 1916, vice William P. Platt, resigned.