der affirmed, with $10 costs and disbursements. | Denaro against the Prudential Insurance ComOrder filed. See, also, 140 N. Y. Supp. 1115. DAVIES et al., Appellants, v. DELAWARE, L. & W. R. CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. March 19, 1913.) Action by Charles L. Davies and another, as surviving partners, etc., against the Delaware, Lackawanna & Western Railroad Company. PER CURIAM. Judgment and order affirmed, with costs. KRUSE, J., dissents, upon the ground that the rule charged by the judge for measuring the defendant's liability was incorrect, as it was too narrow. DAVIS, Respondent, v. GONDOLF, Appellant. (Supreme Court, Appellate Division, First Department. February 28, 1913.) Action by William F. Davis against Frederick Gondolf. K. H. Rosenberg, of New York City, for appellant. A. A. Mayper, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. DEAN, Respondent, V. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. February 14, 1913.) Action by Annie Dean against the City der unanimously affirmed, with costs. See, also, 152 App. Div. 907, 137 N. Y. Supp. 1117. of New York. No opinion. Judgment and or In re DELAVAN. (Supreme Court, Appellate Division, Second Department. March 14, 1913.) In the matter of the application of Edward C. Delavan, Jr., for a visitation by a justice of the Supreme Court of the Cypress Hills Cemetery, a domestic membership corporation. No opinion. Order affirmed, with $10 costs and disbursements, DE LONG, Respondent, v. ANDERSON et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 7, 1913.) Action by Emma De Long against William J. Anderson and others. PER CURIAM. Motion to dismiss appeal granted, with costs. RICH, J., taking no part. pany of America. No opinion. Motion to resettle order granted, without costs. Settle order before Mr. Justice Carr. See, also, 139 N. Y. Supp. 758. DENNY, Respondent, v. DENNY, Appellant. (Supreme Court, Appellate Division, Second Department. February 28, 1913.) Action by Gilbert Denny against Harriet Denny. No opinion. Interlocutory judgment affirmed, without costs. DERICK, Appellant, v. RICHARDSON, Respondent. (Supreme Court, Appellate Division, Second Department. March 20, 1913.) Action by Jennie May Derick against William P. Richardson. No opinion. Judgment and order affirmed, with costs. DONOVAN, Respondent, V. UNITED FRUIT CO., Appellant. (Supreme Court, Appellate Division, First Department. February 28, 1913.) Action by Richard J. Donovan against the United Fruit Company. I. Unteropinion. Order affirmed, with $10 costs and disbursements, on Rubin v. Cohen, 129 App. Div. 395, 113 N. Y. Supp. 843, and Syme v. Terry & Tench, 125 App. Div. 610, 110 N. Y. Supp. 25. Order filed. DENARO, Appellant, v. PRUDENTIAL INS. CO. OF AMERICA, Respondent. (Supreme Court, Appellate Division, Second Department. March 7, 1913.) Action by Marianna | myer, of New York City, for appellant. W. L. Stone, of New York City, for respondent. No EASTMAN KODAK CO., Respondent, v. DOWNIE, Appellant, v. NEW YORK & E. R. FERRY CO., Respondent. (Supreme Court, Appellate Division, Second Department. February 14, 1913.) Action by Susan Downie, as administratrix, etc., of Thomas W. Downie, deceased, against the New York & East River Ferry Company. PER CURIAM. Order affirmed, with costs. HIRSCHBERG, J., dissents. DOYLE v. HAMILTON FISH CO. (Supreme Court, Appellate Division, First Department. March 14, 1913.) Action by Alexander Doyle against the Hamilton Fish Company. No opinion. Motion denied, with $10 costs. Order filed. See, also, 138 N. Y. Supp. 1114. DRUCKLIEB v. HARRIS. (Supreme Court, Appellate Division, First Department. February 28, 1913.) Action by Julius C. Drucklieb against Sam H. Harris. No opinion. Motion granted. Question certified. Order filed. See, also, 140 N. Y. Supp. 60. DUNN, Respondent, v. HOLME, Appellant. (Supreme Court, Appellate Division, First Department. March 14, 1913.) Action by Sarah S. Dunn against Lizzie H. Holme. A. Levy, of New York City, for appellant. M. M. Schlesinger, of New York City, for respondent. No opinion. Order modified, as stated in order, and, as modified, affirmed, without costs. Order filed. GENNERT et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. March 12, 1913.) Action by the Eastman Kodak Company against Maurice Gottlieb Gennert and others. PER CURIAM. Judgment modified as to the appealing defendants, by eliminating therefrom the provision, "And from putting out, selling, distributing, giving away, or offering for sale, as 'Kodak Acid Fixing Powder,' any acid fixing powder other than that put upon the market by the plaintiff, Eastman Kodak Company, in plaintiff's cartons," and, as thus modified, affirmed, without costs of this appeal to either party. See, also, 145 App. Div. 903, 904, 129 N. Y. Supp. 1120. Reargument denied, 140 N. Y. Supp. 1117. MCLENNAN, P. J., dissents, and votes for affirmance. FOOTE, J., not sitting. EASTMAN KODAK CO., Respondent, v. GENNERT et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. March 26, 1913.) Action by the Eastman Kodak Company against Maurice Gottlieb Gennert and others. No opinion. Motion for reargument (of 140 N. Y. Supp. 1117) denied, with $10 costs. Motion to amend decision denied. EDINGER, Respondent, v. CITY OF BUFFALO, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 19, 1913.) Action by Norman Edinger, an infant, etc., against the City of Buffalo. PER CURIAM. Judgment affirmed, with costs. MCLENNAN, P. J., dissents. LAMBERT, J., not sitting. ELIAS, Respondent, v. ALLEGHENY PLATE GLASS CO., Appellant. (Supreme Court, Appellate Division, First Department. February 28, 1913.) Action by Joseph Elias against the Allegheny Plate Glass Company. H. Aaron, of New York City, for appellant. N. S. Goetz, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. ELLIS, Appellant, v. MILLER et al., Respondent. (Supreme Court, Appellate Division, DZKOWSKI, Appellant, v. REYNOLDS- First Department. March 20, 1913.) Action VILLE CARTING CO., Respondent. (Su- by Herman Ellis against Leopold Miller and preme Court, Appellate Division, Fourth De- others. T. G. Strong, of New York City, for partment. March 12, 1913.) Action by Theo- appellant. M. S. Guiterman, of New York dore Dzkowski against the Reynoldsville Cart City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. ing Company. PER CURIAM. Judgment and order affirmed, with costs. MCLENNAN, P. J., dissents, upon the ground that the defendant's negligence and plaintiff's freedom from contributory negligence were questions of fact, which should have been submitted to the jury. In re ENGEL. (Supreme Court. Appellate Division, Second Department. February 28, 1913.) In the matter of the application to revoke the letters testamentary of Gesine Engel, as executrix, etc., in which Henry Doscher and others appeal. No opinion. Motion denied, In re ENGEL. (Supreme Court, Appellate Division, Second Department. March 20, 1913.) In the matter of the application to revoke letters testamentary of Gesine Engel, as executrix of Claus Doscher, deceased, etc. No opinion. Motion for reargument (of 140 N. Y. Supp. 286) denied, with $10 costs. See, also, 140 N. Y. Supp. 1118. without costs. See, also, 140 N. Y. Supp. 286; | Covert, as administrators, etc., of Joel Ewing, 140 N. Y. Supp. 1118. ERDTMANN, Appellant, v. STACK et al., Respondents. (Supreme Court, Appellate Divi sion, Second Department. March 20, 1913.) Action by Frederick W. Erdtmann, individually and as trustee, etc., against Thaddeus J. G. Stack and another. No opinion. Judgment affirmed, with costs. See, also, 139 N. Y. Supp. 1122. ERIE CONTRACTING CO., Respondent, v. FILLMORE LAND CO., Appellant, et al. (Supreme Court, Appellate Division, Fourth Department. March 19, 1913.) Action by the Erie Contracting Company against the Fillmore Land Company, impleaded with others. No opinion. Judgment affirmed, with costs. ERIE IRON & STEEL CO., Appellant, v. EMPIRE SMELTING CO. et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. March 5, 1913.) Action by the Erie Iron & Steel Company against the Empire Smelting Company and another. No opinion. Appeal dismissed, without costs, upon stipulation filed. ESTABROOK, Respondent, v. NEWBURGH LIGHT, HEAT & POWER CO., Appellant, et al. (Supreme Court, Appellate Division, Second Department. February 21, 1913.) Action by William Estabrook against the Newburgh Light, Heat & Power Company and the Orange County Traction Company. PER CURIAM. Judgment and order affirmed, with costs. See, also, 148 App. Div. 928, 133 N. Y. Supp. 1120. JENKS, P. J., and BURR, J., dissent, on the authority of Estabrook v. Newburgh Light, Heat & Power Co., 141 App. Div. 683, 125 N. Y. Supp. 944. deceased. No opinion. Decree affirmed, with costs. FAIGLE, Respondent, v. BOCKROTH et al., Appellants. (Supreme Court, Appellate Division, Second Department. February 7, 1913.) Action by John Faigle against Henry Bockroth and another. PER CURIAM. Judgment and order reversed, and new trial granted, costs to abide event, on the ground that it was error to charge that the jury could find the defendant liable, even if the ladder was shifted. The weight of evidence is that it was shifted. Motion for reargument denied, 140 N. Y. Supp. 1118. WOODWARD and RICH, JJ., dissent. FAIGLE, Respondent, v. BOCKROTH et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 20, 1913.) Action by John Faigle against Henry Bockroth and another. No opinion. Motion for reargument (of 140 N. Y. Supp. 1118) denied, with $10 costs. FALES, Appellant, v. GILMORE, Respondent. (Supreme Court, Appellate Division, Fourth Department. March 19, 1913.) Action by Nettie Fales against Charles Gilmore. No opinion. Order affirmed, with $10 costs and disbursements. In re FARLEY, State Excise Com'r. (Supreme Court, Appellate Division, Second Department. February 21, 1913.) In the matter of the petition of William W. Farley, as State Commissioner of Excise, for an order revoking and canceling liquor tax certificate No. 9084, issued to Joseph C. Rauscher.. PER CURIAM. Order reversed, with $10 costs and disbursements, on the ground that petitioner gave evidence tending to show a violation of the law on Sunday, May 26, 1912. Matter remitted to the Special Term for a rehearing. In re FEDERAL UNION SURETY CO. (two cases). (Supreme Court, Appellate Division, First Department. March 14, 1913.) In the matter of the Federal Union Surety Company. No opinion. Motion denied, with $10 costs. Orders filed. See, also, 139 N. Y. Supp. 1122. FELDMAN et al., Respondents, v. DICKSTEIN et al., Appellants. (Supreme Court, Appellate Division, Third Department. March 5, 1913.) Action by Annie Feldman, as adminis tratrix, etc., of Charles Feldman, deceased, and another, against Alexander Dickstein and Lazer Selig Forman, also known as Levi S. Forman. No opinion. Order affirmed, with $10 costs and disbursements. MEMORANDUM DECISIONS FERGUSON, Respondent, v. TOWN OF and another. W. B. Crisp, of New York City, LEWISBORO, Appellant. (Supreme Court, for appellant. J. H. Iselin and N. B. Beecher, Appellate Division, Second Department. Feb- both of New York City, for respondents. No ruary 21, 1913.) Action by Helen Margaret opinion. Order affirmed, with $10 costs and Ferguson, an infant, etc., against the Town of disbursements. Order filed. In re FORREST. (Supreme Court, Appellate Division, Third Department. March 5, 1913.) In the matter of the petition of J. W. Forrest, independent candidate for Representative in Congress in and for the Twenty-Eighth congresopinion. Order unanimously affirmed, with costs. FERGUSON, Respondent, v. TOWN OF LEWISBORO, Appellant. (Supreme Court, sional district of the state of New York. No Appellate Division, Second Department. March 20, 1913.) Action by Helen Margaret Ferguson, an infant, etc., against the Town of Lewisboro. No opinion. Motion for leave to appeal to the Court of Appeals (from 140 N. Y. Supp. 1119) granted, without costs. FORSELL, Respondent, v. TERWILLEGER, Appellant. (Supreme Court, Appellate Division, Second Department. February 28, 1913.) Асtion by Carl Forsell against Frank G. Terwilleger. No opinion. Judgment affirmed, with costs. FIRST COMMERCIAL BANK OF PONTIAC v. VALENTINE et al. (Supreme Court, Appellate Division, First Department. March 20, 1913.) Action by the First Commercial Bank of Pontiac against Moses M. Valentine partment. February 14, 1913.) In the matter and another. No opinion. Motion granted. Questions certified. Order filed. See, also, 139 N. Y. Supp. 1037. In re FISCHER. (Supreme Court, Appellate Division, Second Department. March 7, 1913.) In the matter of the petition of John Fischer for an inspection of the books and records of the Kaiser Garden Company. No opinion. Motion denied, with $10 costs. FLOCKER v. HUDSON & M. R. CO. (Supreme Court, Appellate Division, First Department. February 28, 1913.) Action by Ludwig Flocker against the Hudson & Manhattan Railroad Company. No opinion. Motion denied, with $10 costs. Order filed. See, also, 139 N. Y. Supp. 1123. FOGARTY v. FOGARTY. (Supreme Court, Febru Appellate Division, First Department. ary 28, 1913.) Action by Patrick A. Fogarty against William P. Fogarty. No opinion. Motion granted, unless appellant complies with terms stated in order. Order filed. See, also, 151 App. Div. 940, 135 N. Y. Supp. 1112. February 7, FORD et al., Appellants, v. CLENDENIN et al., Respondents. (Supreme Court, Appellate Division, Second Department. 1913.) Action by Nixola Greeley Smith Ford and another against Gabrielle G. Clendenin and others. No opinion. Judgment (137 N. Y. Supp. 54) affirmed, with costs, on the opinion of Mr. Justice Mills at Special Term. In re FT. COMFORT INN & REALTY CO. (Supreme Court, Appellate Division, Second Deof the application of the Ft. Comfort Inn & Realty Company for a voluntary dissolution of the corporation. PER CURIAM. Order modified, so that pe titioner's motion shall be denied, without prejudice to the bringing of such action by the petitioner as he may be advised against the Rockland County Trust Company, both in its individual and representative capacity, and John F. MacFarlane, both individually and in his representative capacity, for the relief demanded in these proceedings, or such other and further relief as may be just, and, as so modified, the said order is affirmed, without costs. FORYCIARSZ, Respondent, v. AMERICAN GYPSUM CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 5, 1913.) Action by Josephine Foryciarsz, as administratrix, etc., against the American Gypsum Company. No opinion. Motion for leave to appeal to Court of Appeals denied, with $10 costs. FOX et al. v. PEACOCK et al. (Supreme Court, Appellate Division, First Department. March 14, 1913.) Action by Hugh C. Fox and others against George H. Peacock and another. No opinion. Motion granted, unless appellant complies with terms stated in order, and stay vacated. Order filed. See, also, 153 App. Div. 887, 138 N. Y. Supp. 535. FREEMAN et al., Respondents, v. INTERNATIONAL PULP CO., Appellant. (Supreme Court, Appellate Division, Third Department. March 5, 1913.) Action by Frank N. Freeman and another against the International Pulp Company. No opinion. Order affirmed, with $10 costs and disbursements. FORD MOTOR CO., Appellant, v. BOWRING & CO. et al., Respondents' (two cases). (Supreme Court, Appellate Division, First Department. March 22, 1913.) by the Ford Motor Company against Boctiong & Co. Division, First Department. March 28, 1913.) In re FROMME. (Supreme Court, Appellate In the matter of Herman Fromme, an attorney. | 158 N. Y. 526, 53 Ν. E. 525, 70 Am. St. Rep. GERSON et al. v. BLANCK et al. (Su- FRONCKOWIAK et al., Appellants, v. PLA- preme Court, Appellate Division, First Depart- FRONCZAK, Respondent, v. NEW YORK PER CURIAM. Judgment and order affirm- LAMBERT, J., not sitting. GAINSBORG, Respondent, v. DEUTER- GEITNER, Respondent, v. WESTING- PER CURIAM. Judgment and order affirm- GENEVA MINERAL SPRINGS CO., Lim- $10 costs. Order signed. See, also, 139 N. GIBSON, Respondent, v. CASEIN MFG. rum for a decision. GLEASON v. MERCHANTS' REFRIGER GLENNON v. CITY OF NEW YORK. (Su- GLOVER, Respondent, v. H. P. NELSON PER CURIAM. Order reversed, with $10 HIRSCHBERG, J., votes to reverse upon the GLOVER, Respondent, v. H. P. NELSON GERETY, Appellate, v. CONTINENTAL PER CURIAM. Order reversed, with $10 |