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and 127 New York State Reporter PEOPLE ex rel. ROCHESTER GAS & First Department. April 14, 1905.) Proceed. ELECTRIC CO. v. PRIEST et al. (Supreme ings by the people of the state of New York, Court, Appellate Division, Third Department on the relation of Frederick F. E Zriz May 3, 1905.). Proceedings by the people of against Francis V. Greene, as commissioner. the state of New York, on the relation of the No opinion. Motion granted, so far as to disRochester Gas & Electric Company, against miss appeal, with $10 costs. George E. Priest and others, as tax commissioners, etc., and Charles F. Pond and others, PEOPLE'S TRUST 00. 5. FLYXX et 2! as assessors of the city of Rochester. No (Supreme Court, Appellate Division, Sexo opinion. Proceeding to review assessment of Department. April 21, 1905.) Action bp ve 1903. Defendants' motion denied.

People's Trust Company, as substituted ts

tee, etc., against Mary C. Flyan and others. PEOPLE ex rel. ROCHESTER GAS & PER CURIAM. Reargument ordered 6 ELECTRIC CO. v. PRIEST et al. (Supreme the question whether the entire residder Court, Appellate Division, Third Department. clause of the will is not void, as unlarial May 3, 1905.). Proceedings by the people of suspending the power of alienation, and case the state of New York, on the relation of the set down for May 2, 1905. Rochester Gas & Electric Company, against George E. Priest and others, as tax commis PERIGORD et al., Respondents, v. SHBO? sioners, etc., and Charle F. Pond and others, SHIRE, Appellant. (Supreme Court, app as assessors of the city of Rochester. No opin- late Division, First Department. April 2 ion. Proceeding to review assessment of 1904. 1905.) Action by Bessie Talleprand Perice Relator's motion for leave to go to Court of and others against Ralph F. Shropshire. E Appeals denied, and reargument ordered.

Bell, for appellant. L. J. Hunt, for restent

ents. No opinion. Judgment afirmed. PEOPLE ex rel. SCHWARZ v. GREENE, costs, with leave to defendant to within Com'r, Respondent. (Supreme Court, Appel- demurrer and to answer, on payment of erst? late Division, First Department, April 7, 1905.) in this court and in the court below. Proceedings by the people of the state of New York, on the relation of Peter Schwarz, against Francis V. Greene, commissioner.' L. J. late Division, Third Department. Var 3, 1**

In re PERKINS. (Supreme Court der Grant, for relator. T. Connoly, for respond- In the matter of the judicial settlement of ent. No opinion. Writ dismissed, and pro-accounts of William C. Perkins, as esatte ceedings affirmed, with costs.

etc., of Martha Coe, deceased. No opinion. Vi

tion granted, with $10 costs. PEOPLE ex rel. SMITH, Appellant, v. BURLINGHAM, President of Board of Edu PERKINS et al., Respondents, F. ISAACS cation, et al., Respondents. (Supreme Court, / BLANCHARD CO., Appellant.

(Sppies Appellate Division, Second Department. April Court, Appellate Division, First Departe 21, 1903.) Proceedings by the people of the May 5, 1905.) Action by George F Pertaa state of New York, on the relation of Mary and others against the Isaac H. Blanchard W. Smith, against Charles C. Burlingham, pany. H. Aplington, for appellant. C D president of the board of education, etc., and Ridgway, for respondents. others. No opinion. Determination confirmed, PER CURIAM. Exceptions sustained, als with costs.

tion for new trial granted, with costs to dete

ants to abide event, unless plaintiff stipulate bo PEOPLE ex rel. SWEET, Town Sup'r, v. reduce verdict to $243.99, in which erent, BOARD OF SUP’RS OF ST. LAWRENCE ceptions overruled, and judgment ordered COUNTY. (Supreme Court, Appellate Di- plaintiff on the verdiet, without costs vision. Third Department. May 16, 1905.) der reversed, and new trial ordered, unless t Proceedings by the people of the state of New foregoing stipulation be given, in which erenin York, on the relation of Herbert E. Sweet, order affirmed, without costs. supervisor of the town of Madrid, against the board of supervisors of St. Lawrence county. PERRY, Appellant, v. BATES, Rese No opinion. Motion denied.

ent. (Supreme Court, Appellate Division, F

Department. April 7, 1905.) Appeal is PEOPLE ex rel. VILLAGE OF CHAT- Special Term. Action by Alran. Bi HAM, Respondent, v. BOARD OF SUP'RS against Benjamin L. M. Bates. From a 9 OF COLUMBIA COUNTY, Appellant. (Su- setting aside a verdict and dismissing the sot preme Court, Appellate Division, Third De- plaint, and from a judgment entered the partment. May 16, 1905.) Proceedings by plaintiff appeals. Modified.

T. E. Wing, *** the people of the state of New York, on the appellant. J. Delahunty, for respondeot relation of the village of Chatham, against the PER CURIAM. The order appealed be board of supervisors of Columbia county. No should be modified, so as to read as folha opinion. Order affirmed, with $10 costs and "Ordered that said motion be, and the disbursements, on opinion in People ex rel. hereby is, granted, so far as to set aside the Village of Kinderhook v. Supervisors, 93 N. Y. verdict; and a new trial is hereby ordered Supp. 1093.

without costs." And the judgment sbeeld

modified, so as to read as follows: "Adjaks PEOPLE ex rel. ZVIRZ v. GREENE, ed that the said verdict be, and the same Com'r. (Supreme Court, Appellate Division, hereby is, vacated and set aside, and ! Det

rial is ordered, without costs." As so modi- | late Division, Second Department. April 21, ied, the order and judgment are affirmed, with- 1905.) Action by Frederick Reisert against the ut costs of appeal.

city of New York. No opinion. Order settled

and signed. PHILLIPS, Respondent, v. PROPER, Appelint. (Supreme Court, Appellate Division, RESSENSTEIN, Appellant, v. COHEN, Re'hird Department. May 16, 1905.) Action by spondent. (Supreme Court, Appellate Division, rthur J. Phillips against James A. Proper. First Department. May 5, 1905.) Action by o opinion. Order modified, by inserting leave | Maurice Ressenstein against Morris Cohen. o renew motion, and, as so modified, affirmed, W. L. Mathet, for appellant. F. X. McCafithout costs.

frey, for respondent. No opinion. Judgment

and order aflirmed, with costs. PHOENIX BRIDGE CO., Appellant, v. REEM et al., Respondents. (Supreme Court, ROBERTS, Appellant, V. FRIEDMAN et ppellate Division, Second Department. April | al., Respondents. (Supreme Court, Appellate 1, 1905.) Action by the Phænix Bridge Com- Division, First Department. May 5, 1905.) any against Daniel J. Creem and others. No Action by Peter Roberts against Harry Friedpinion. Judgment and order unanimously af- man and others. P. L. Klock, for appellant. med, with costs.

P. J. Jeachimsen, for respondents. No opinion.

Judgment affirmed, with costs. PLUNKET, Respondent, y. NEW YORK & C. RY. CO., Appellant. (Supreme Court, Ap. ROGERS, Appellant, v. CLYDE S. S. CO., late Division, Second Department. May 5, Respondent. (Supreme Court, Appellate Divi105.) Action by Katie Plunket against the sion, First Department. May 5, 1905.) Action ew York & Queens County Railway Compa- by Margaret Rogers, as administratrix, against 1. No opinion. Judgment and order unani- the Clyde Steamship Company. H. C. Smyth, ously affirmed, with costs.

for appellant. T. G. Strong, for respondent.

No opinion. Judgment affirmed, with costs. POTH V. COMMERCIAL ADVERTIZER SS'N. (Supreme Court, Appellate Division, ROOSEVELT et al. v. SCHILE et al. (two ist Department. May 20, 1905.) Action by cases). (Supreme Court, Appellate Division, illiam Poth against the Commercial Adver- First Department. May 20, 1905.) Actions by rer Association. No opinion. Motion grant. John E. Roosevelt and another against Romeo with $10 costs.

H. Schile and others. No opinion. Motion de

nied, on payment of $20 costs. PRIMA. Respondent, V. WISCHERTH et

Appellants. (Supreme Court, Appellate ROSE, Respondent, v. MILLER et al., Apvision, Second Department. April 21, 1905.) pellants. (Supreme Court, Appellate Division, ition by Anna Prima, an infant, by Rosa Second Department. April 21, 1905.) Action imarca, her guardian ad litem, against An- | by Jacob Rose against Louis Miller and an, ew Wischerth, John Wischerth, and Louis other. No opinion. Motion to dismiss appeal ischerth. No opinion. Judgment and order granted, with $10 costs. animously affirmed, with costs.

RUSSELL, Respondent, v. NATIONAL EXRANKIN V. BUSH et al. (Supreme Court, HIBITION CO., Appellant. (Supreme Court, "pellate Division, First Department. April Appellate Division, First Department. April 1905.) Action by George C. Rankin against 7, 1905.) Action by Frank Russell against Nahn J. Bush and others. No opinion. Motion tional Exhibition Company. C. J. Sullivan, for anted.

appellant. J. M. Ward, for respondent. No

opinion. Judgment and order affirmed, with RAYMOND, Respondent, SECURITY costs. RUST & LIFE INS. CO., Appellant. (Sueme Court, Appellate Division, First Depart RUSSELL, Respondent, V. NEW YORK int. May 20, 1905.) Action by Ralph Ray- CENT. & H. R. R. CO., Appellant. (Supreme ind against the Security Trust & Life In: Court, Appellate Division, Third Department: rance Company. E. L. Mooney, for appel- May 3, 1905.) Action by Edgar G. Russell it. B. Hanson, for respondent.

against the New York Central & Hudson River PER CURIAM. Order affirmed, with $10 | Railroad Company. No opinion. Judgment its and disbursements.

and order unanimously affirmed, with costs. VAN BRUNT, P. J., dissents.

RUTHER, Appellant, v. MAYOR, ETC., OF

(SuPEDDY, Appellant, v. UNION RY. CO., Re- CITY OF NEW YORK, Respondent. ondent. (Supreme Court, Appellate Division, preme Court, Appellate Division, First Departrst Department. April 7. 1905.) . Action by ther against the mayor, etc., of the city of

ment. April 7, 1905.) Action by William Ruidget Reddy against the Union Railway Com New York. J. T. Fenlon, for appellant. T. ny. A. Hayes, Jr., for appellant. C. F. own, for respondent.

Connoly, for respondent.

No opinion. Judgint affirmed, with costs.

PER CURIAM. Judgment affirmed, with

costs. REISERT, Appellant, v. CITY OF NEW PATTERSON and LAUGHLIN, JJ., disRK, Respondent. (Supreme Court, Appel- / sent.

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and 127 New York State Reporter RYAN, Appellant, v. THIRD AVE. R. CO., | Koppel Schifter against Reuben Zizan. Respondent." (Supreme Court, Appellate Divi- No opinion. Order affirmed, with $iù costs sion, First Department. May 5, 1905.) Action and disbursements. by John J. A. Ryan against the Third Avenue Railroad Company. J. W. Brown, for appel SCHMIDT v. METROPOLITAN ST. IT. lant. B. H. Åmes, for respondent. No opin- CO. (Supreme Court, Appellate Division, FN ion. Judgment affirmed, with costs.

Department. April 14, 1903.) Action by Fred

erick A. Schmidt against tbe Metro RYER, Respondent, v. PRUDENTIAL INS. Street Railway Company. No opinion. Úcta CO. OF AMERICA, Appellant. (Supreme denied, on payment of $20 costs, Court, Appellate Division, Second Department. April 28, 1905.) Action by Fannie C. Ryer, SCHMUCKLER, Appellant, r. ÇENTRAL as administratrix, etc., against the Prudential CROSSTOWN RY. CO., Respondent Insurance Company of America. No opinion. preme Court, Appellate Division, First Deput Reargument ordered, and case set down for ment. May 5, 1905.) Action by Sos! May 8, 1905.

Schmuckler, by guardian, against the Car

Crosstown Railway Company. H. Gorte! ST. REGIS PAPER CO., Appellant, v. appellant. B. H. Ames for respondent SANTA CLARA LUMBER co. et al., Re- opinion. Appeal from order dismissed 1 spondents. (Supreme Court Appellate Divi- ment affirmed, with costs. sion, Third Department. May 9, 1905.) ACtion by the St. Regis Paper Company against SCHNEERMACHER, Appellant, F. 115 the Santa Clara Lumber Company and others. SÄM & HORMAN BREWING CO., Rana

PER CURIAM. Judgment and order affirment. (Supreme Court, Appellate Divisie.. ed, with costs, on the opinion of Justice John ond Department. May 12, 1905.) Action M. Kellogg at Special Term (85 N. Y. Supp. Henry Schneermacher against the Rutats 1034).

Horman Brewing Company. No opinie PARKER, P. J., and CHASE, J., dissent. der aflirmed, with $10 costs and disbursements SALMON et al., Appellants, V. BRAND

SCHOLLE, Respondent, F. MANHATTAN MEIER, Respondent. (Supreme Court, Appel- 1 RY. co. et al.: Appellants. (Supreme Coco late Division, Second Department. May 5, Appellate Division, First Department. Ara 1905.) Action by Hamilton H. Salmon and 7, 1905.) Action by William Scholle, in another against Philip Brandmeier. No opin- ually, etc., against the Manhattan 31 ion. Motion denied.

Company and others. S. Babcock, for en

lants. ř. G. Peckham, for responiat SALOMON v. SALOMON. (Supreme Court, opinion. Judgment affirmed, with costs. Appellate Division, First Department. April 20, 1905.) Action by Estelle L. Salomon

SCHREYER v. SCHREYER et al 69 against Sidney H. Salomon. No opinion. Mo- preme Court, Appellate Division, First Parc tion denied. See memorandum per curiam.

ment. May 12. 1903.) Action by John Sacs

er against John F. Schreyer and others SAMMIS, Respondent, v. HART, Appellant. pleaded, etc. No opinion. Motion : (Supreme Court, Appellate Division, Second Question certified as stated in mente Department. April 21, 1905.) Action by per curiam. Charles T. Sammis against Charles A. Hart. No opinion. Judgment affirmed, with costs. SCHUWALSKY, Appellant, F. CENTRAL

R. CO. OF NEW JERSEY, Respondeat. SAUL V. SWARTZ (three cases). (Supreme preme Court, Appeliate Division, Second InCourt, Appellate Division, First Department. partment. April 21, 1905.) Action by 18 May '20, 1905.) Actions by Lester J. Saul Schuwalsky against the Central Railmed C against Henrietta Swartz, individually, etc. No pany of New Jersey. No opinion. Jeden opinion. Motion denied.

of the Municipal Court affirmed, with

on the authority of Zimmer v. X. Y. C. &E SAUL v. SWARTZ (three cases). (Supreme R. R. Co., 137 N. Y. 460, 33 N. E. 612. Court, Appellate Division, First Department. May 20, 1905.) Actions by Lester J. Saul

SEELAY et al. v. MACKENZIE. ( against Henrietta Swartz, individually, etc. No Court, Appellate Dirision, Fint Departe opinion. Motion granted, so far as to dismiss April 7, 1905.) Action by Max Seelsy ui appeal, with $10 costs.

other against William H. Mackenzie. Na

ion. Motion denied. SCHEU, Appellant, v. UNION RY. CO., Respondent. (Supreme Court, Appellate Division, SHAUGHNESSY 7. H. HERRMANS SUTFirst Department. April 20, 1905.) Action by MILL CO. (two cases). (Supreme Cosrt Magdalene Scheu against the Union Railway pellate Division, Second Department Apri Company. A. Ledwith, for appellant. No opin- 1905.) Actions by J. Šores Shaozhdessa ion. "Order affirmed, with $10 costs and dis against the H. Herrmann Sawmill Colog bursements.

and Hugo F. Huber. No opinion. Onder at

firmed, with $10 costs and disbursements. SCHIFTER, Respondent, v. ZIMMERMAN, Appellant. (Supreme Court, Appellate Division, SHPOREN, Respondent, V. METROPOLI Second Department. May 12, 1905.) Action by 'TAN ST. RY. CO., Appellant. (Supres

4. Appellate Division, First Department. pellate Division, Fourth Department. May 3,

14, 1903.) Action by Abraham Shporen 1905.) Action by Sarah J. Snowden against st the Metropolitan Street Railway Com the town of Somerset. No opinion. Judgment

C. F. Brown, for appellant. G. P. and order affirmed, with costs. 1, for respondent. R CURIAM. Judgment and order affirm.

SNYDER, Respondent, V. OSTERHELD, 'ith costs.

Appellant. (Supreme Court, Appellate DiviN BRUNT, P. J., dissents.

sion, Second Department. April 21, 1903.) Ac

tion by William F. Snyder against Kate OsterOCUM, Appellant, GREENWOOD

held. No opinion. Julgment of the City Court ETERY, Respondent. (Supreme Court,

of Yonkers unanimously affirmed, with costs. llate Division, First Department. May 5, ) Action by Helen Slocum against the

SPAIN, Respondent, v. HUDSON VALLEY iwood Cemetery. J. A. Allen, for appel- / RY. co., Appellant. (Supreme Court, AppelD. Campbell, for respondent. No opin- late Division, Third Department. May 16,

1905.) Judgment affirmed, with costs.

Action by Abbie M. Spain against the

Hudson Valley Railway Company. re SMITH et al. (Supreme Court, Appel PER CURIAM. Judgment and order affirm. Division, First Department. April 7, ed, with costs. ) In the matter of Morton B. Smith and HOUGHTON, J., dissents. ś. P. C. Schnitzler, for appellant. J. B. for respondent.

SPELLMAN, Appellant, V. NEW YORK RCURIAM. Order affirmed, with $10 CENT. & H. R. R. CO., Respondent. (Suand disbursements.

preme Court, Appellate Division, Third DepartN BRUNT, P. J. (dissenting). As suitors ment. May 3, 1905.) Action by Richard T. s country are not permitted to have com- Spellman against the New York Central & ons executed in Germany, except under the Hudson River Railroad Company. No opinion. onerous terms and conditions, it seems to Judgment unanimously affirmed, with costs. lat, until the ordinary courtesies of civilizitions are extended to our courts by the

SPENCER v. CITY OF NEW YORK. (Suan authorities, such applications as this preme Court, Appellate Division, First Depart.

ment. d be denied.

April 14, 1905.) Action by Thomas

Spencer against the city of New York. No re SMITH et al. (Supreme Court, Appel- opinion. Motion granted, so far as to dismiss Division, First Department. May 12, appeal, with $10 costs. ) In the matter of Morton B. Smith and fer. No opinion. Motion denied, with $10 spondent. (Supreme Court, Appellate Division,

STARBUCK, Appellant, v. WOODARD, Re

Third Department. May 3, 1905.) Action by ITH, Respondent, v. HIRSCH et al.: Ap of the estate of Harry D. Goldberg, against Eli

Frank M. Starbuck, as trustee in bankruptcy (Supreme Court, Appellate Division, M. Woodard. No opinion. Judgment unaniDepartment. April 7, 1905.) Action by klin H. Smith against 'Joseph Hirsch and mously affirmed, with costs. N. Ottinger, for appellants. J. M.

STEINER v. PERENYI. (Supreme Court, ams, for respondent. No opinion. Judgand order affirmed, with costs.

Appellate Division, First Department. May 12, 1905.) Action by Louis Steiner against Adal

bert B. Perenyi. No opinion. Motion granted. ITH, Appellant, v. KELLY, Respondent. eme Court, Appellate Division, Second Degent. April 21, 1905.) Action by Fred H. Appellate Division, First Department. May

STERN v. MCPHERSON. (Supreme Court, h against Emma Kelly: No opinion, Jude: 12, 1903.) Action by Joseph W. Stern against of the Municipal Court affirmed, with Róbert C. McPherson. No opinion. Motion

granted, so far as to dismiss appeal, with $10 ITH V. MERRIAM et al. (Supreme

costs. t. Appellate Division, First Department. 12, 1905.) Action by Spencer H. Smith, as STORY, Appellant, V. METROPOLITAN itor, against Frances S. Merriam and oth-ST. RY. CO., Respondent. (Supreme Court,

No opinion. Motion granted, so far as to Appellate Division, First Department. April iss appeal, with $10 costs.

7, 1905.) Action by Francis W. Story against

the Metropolitan Street Railway Company. (ITH MABLEY, Respondent, v. I. S. Epstein, for appellant. B. H. Ames, for NN, Appellant. (Supreme Court. Appel. respondent. No opinion. Judgment and order Division, First Department. May 20, 1905.) affirmed, with costs. on by Smith & Mabley against George H. n. E. S. Peck, for appellant. J. L. Young, STRAUS et al. v. AMERICAN PUBLISHrespondent. No opinion. Order affirmed, ERSASS’N (two cases.) (Supreme Court, AP$10 costs and disbursements.

pellate Division, First Department. May 12,

1905.) Action by Isidor Straus and another OWDEN, Respondent, V. TOWN OF against the American Publishers' Association. IERSET, Appellant. (Supreme Court, Ap-No opinion. Motion denied.

ats.

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and 127 New York State Reporter STRAUSS, Respondent, v. NEW YORK, N.1 TAVSHANJIAN, Respondent, F. BOOKER H. & H. R. 00., Appellant. (Supreme Court, et al., Appellants. (Supreme Court, Ape, ste Appellate Division, Second Department. April Division, First Department. April 1, 15! 21, 1905.) Action by Iona Strauss, as admin- Action by Hovhannes S. Tavshanjian spiest istratrix, etc., of John Strauss, deceased, Charles L. Booker and others. W.d. Cu against the New York, New Haven & Hart and C. E. Souther, for appellants. C. J. Sbear. ford Railroad Company. No opinion. Judg. for respondent. ment and order unanimously atfirmed, with PER CURIAM. Judgment affirmed costs.

costs, with leave to defendants to witber

demurrer and to answer, upon payment de STRINGER, Respondent, V. BARKER et in this court and in the court below. al., Appellants. (Supreme Court, Appellate Division, Second Department. May 12, 1903.)

INGRAHAM, J., dissents.
Action by Gertrude Stringer against George A.
Barker and Jacob Berry, as executors, etc.,

TEN EYCK, Appellant, V. BOOKMAN George A. Barker, individually, and others. al., Respondents. (Supreme Court. Apper"> No opinion. Reargument ordered, and case Division, Fourth Department. May 10, 13 set down for June 7, 1905.

Action by Clarence Ten Eyck, as receive, 6.

against Lucinda Bookman and another. STRONG, Respondent, V. GOOGINS, Ap PER CURIAM. Order mcdifed. 90 pellant. (Supreme Court, Appellate Division, provide, as a condition of permitting defender First Department. May 20, 1905.) Action by to answer, that they be required to pay the Mary E. Strong against Emma Googins (other- and disbursements awarded by this wort**** wise Emma Parker). W. H. Hamilton, for former appeal herein, together with the appellant. A. McCullob, for respondent. No and disbursements on this appeal, and. 8 * opinion. Judgment affirmed, with costs. modified, said order is affirmned, with $03

and disbursements to the plaintiff. STURSBERG et al., Appellants, V. ABLOWICH, Respondent. (Supreme Court, Appelance on the ground that no order or jeden

WILLIAMS, J., dissents, roting for et late Division, First Department. April 7, has ever been entered on the decisica 1905.) Action by William Stursberg and oth- Appellate Division or served on the deteos ers against Julius A blowich. M. H. Cave, for

as to require compliance there with appellants. A. Furber, for respondent. No section 1355 of the Code of Civil Prores opinion. Judgment affirmed, with costs, and Sterens v. Central National Bank, 10

Y. 253, 56 N. E. 628.
SUNDSTROM et al.Respondents,
DELAWARE & H. CO., Appellant.

HISCOCK, J., dissents on the grond

(Supreme Court, Appellate Division, Second De- order of which he complains, but simp's E

the appellant has not taken an appeal ini partment. May 12, 1905.) Action by Charles the order correctivg the same. Sundstrom and Frank M. Stratton against the Delaware & Hudson Company. No opinion. Order affirmed by default, with $10 costs and TEN EYCK, Appellant, V. BOOKMAN disbursements.

al., Respondents. (Supreme Court. App

Division, Fourth Department. May lu. *** SWEENY, Respondent, v. KELLOGG, Ap- Action by Clarence Ten Eyck, as receiter. th. pellant. (Supreme Court, Appellate Division, against Le Roy Bookman and another. First Department. April 7, 1905.) Action by PER CURIAM. Order modified, we 9! Mary Sweeny, as administratrix, against L. provide, as a condition of permitting Laflin Kellogg. L. L. Kellogg, in pro. per. ants to answer, that they be required to T. J. Swift, for respondent. No opinion. the costs and disbursements awarded by ** Judgment and order affirmed, with costs. court on the former appeal herein, ter

with the costs and disbursements on SWEET, Respondent, V. HOWELL, Ap- peal, and, as so modified, said order is ats pellant. (Supreme Court, Appellate Division, with $10 costs and disbursements to the Third Department. May 16, 1905.) Action | tiff. by George B. Sweet against Joseph Howell, as administrator, etc., of Sophia Howell, de- firmance, and ' HISCOCK, J., dissents,

WILLIAMS, J., dissents, and rotes for ceased. No opinion. Motion granted, unless the grounds stated by them,' respective within 30 days appellant pays to respondent the case of Same Plaintiff 5. Loeiad B $10 costs, and $10 costs of this motion, and

man, Rebecca Ganbee, and others (desses serves his proposed case and exceptions, in which is handed down herewith) abi supet which case, motion denied.

SWIFT, Appellant, v. AMERICAN EXCH. TENGWALL FILE & LEDGER CON NAT. BANK, Respondent. (Supreme Court, spondent, CUTTING, Appellant. Appellate Division, First Department. April preme Court, Appellate Division, First Los 20, 1905.) Action by Charles H. Swift against partment. April 7. 1905.) Action by the Texas the American Exchange National Bank. H, L. wall File & Ledger Company against Carlisle, for appellant. M. H. Cardozo, for re L. Cutting, as trustee, etc. Ř. L. Cortice : spondent. No opinion. Appeal from order dis- pro. per. R. Lewis, for respondent No missed, with $10 costs. Judgment affirmed, ion. *Order affirmed, with $10 costs and to with costs.

bursements.

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