and 127 New York State Reporter PEOPLE ex rel. ROCHESTER GAS & ELECTRIC CO. v. PRIEST et al. (Supreme Court, Appellate Division, Third Department. May 3, 1905.) Proceedings by the people of the state of New York, on the relation of the Rochester Gas & Electric Company, against George E. Priest and others, as tax commissioners, etc., and Charles F. Pond and others, as assessors of the city of Rochester. No opinion. Proceeding to review assessment of 1903. Defendants' motion denied. PEOPLE ex rel. ROCHESTER GAS & ELECTRIC CO. v. PRIEST et al. (Supreme Court, Appellate Division, Third Department. May 3, 1905.) Proceedings by the people of the state of New York, on the relation of the Rochester Gas & Electric Company, against George E. Priest and others, as tax commissioners, etc., and Charles F. Pond and others, as assessors of the city of Rochester. No opinion. Proceeding to review assessment of 1904. Relator's motion for leave to go to Court of Appeals denied, and reargument ordered. PEOPLE ex rel. SCHWARZ v. GREENE, Com'r, Respondent. (Supreme Court, Appellate Division, First Department, April 7, 1905.) Proceedings by the people of the state of New York, on the relation of Peter Schwarz, against Francis V. Greene, commissioner. L. J. Grant, for relator. T. Connoly, for respondent. No opinion. Writ dismissed, and proceedings affirmed, with costs. PEOPLE ex rel. SMITH, Appellant, v. BURLINGHAM, President of Board of Education, et al., Respondents. (Supreme Court, Appellate Division, Second Department. April 21, 1905.) Proceedings by the people of the state of New York, on the relation of Mary W. Smith, against Charles C. Burlingham, president of the board of education, etc., and others. No opinion. Determination confirmed, with costs. PEOPLE ex rel. SWEET, Town Sup'r, v. BOARD OF SUP'RS OF ST. LAWRENCE COUNTY. (Supreme Court, Appellate Division, Third Department. May 16, 1905.) Proceedings by the people of the state of New York, on the relation of Herbert E. Sweet, supervisor of the town of Madrid, against the board of supervisors of St. Lawrence county. No opinion. Motion denied. PEOPLE ex rel. VILLAGE OF CHATHAM, Respondent, v. BOARD OF SUP'RS OF COLUMBIA COUNTY, Appellant. (Supreme Court, Appellate Division, Third Department. May 16, 1905.) Proceedings by the people of the state of New York, on the relation of the village of Chatham, against the board of supervisors of Columbia county. No opinion. Order affirmed, with $10 costs and disbursements, on opinion in People ex rel. Village of Kinderhook v. Supervisors, 93 N. Y. Supp. 1093. PEOPLE ex rel. ZWIRZ v. GREENE, Com'r. (Supreme Court, Appellate Division, First Department. April 14, 1905.) Proceedings by the people of the state of New York, on the relation of Frederick F. E Zwiz against Francis V. Greene, as commissioner. No opinion. Motion granted, so far as to dismiss appeal, with $10 costs. PEOPLE'S TRUST CO. v. FLYNN et al (Supreme Court, Appellate Division, Second Department. April 21, 1905.) Action by the People's Trust Company, as substituted tras tee, etc., against Mary C. Flynn and others. PER CURIAM. Reargument ordered on the question whether the entire residuary clause of the will is not void, as unlawfuly suspending the power of alienation, and case set down for May 2, 1905. PERIGORD et al., Respondents, v. SHROP SHIRE, Appellant. (Supreme Court, Appe late Division, First Department. April 3 1905.) Action by Bessie Talleyrand Perigord and others against Ralph F. Shropshire. H Bell, for appellant. L. J. Hunt, for respond ents. No opinion. Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer, on payment of eest; in this court and in the court below. In re PERKINS. (Supreme Court. Appel late Division, Third Department. May 3, 199 In the matter of the judicial settlement of the accounts of William C. Perkins, as execu etc., of Martha Coe, deceased. No opinion. Me tion granted, with $10 costs. PERKINS et al., Respondents, v. ISAAC BLANCHARD CO., Appellant. (Supreme Court, Appellate Division, First Department May 5, 1905.) Action by George F. Perkins and others against the Isaac H. Blanchard Co pany. H. Aplington, for appellant. C. D Ridgway, for respondents. PER CURIAM. Exceptions sustained, and tion for new trial granted, with costs to defend ants to abide event, unless plaintiff stipulates to reduce verdict to $243.89, in which event, er ceptions overruled, and judgment ordered f plaintiff on the verdict, without costs. O der reversed, and new trial ordered, unless the foregoing stipulation be given, in which event order affirmed, without costs. PERRY, Appellant, v. BATES. Resend ent. (Supreme Court, Appellate Division, First Department. April 7, 1905.) Appeal from Special Term. Action by Alvan W. Par against Benjamin L. M. Bates. From an arom setting aside a verdict and dismissing the ex plaint, and from a judgment entered there plaintiff appeals. Modified. T. E. Wing, fe appellant. J. Delahunty, for respondent. PER CURIAM. The order appealed from should be modified, so as to read as follows "Ordered that said motion be, and the sam hereby is, granted, so far as to set aside the verdict; and a new trial is hereby ordered. without costs." And the judgment should be modified, so as to read as follows: "Adjade · ed that the said verdict be, and the samé hereby is, vacated and set aside, and a new rial is ordered, without costs." As so modied, the order and judgment are affirmed, withat costs of appeal. PHILLIPS, Respondent, v. PROPER, Appelint. (Supreme Court, Appellate Division, hird Department. May 16, 1905.) Action by rthur J. Phillips against James A. Proper. o opinion. Order modified, by inserting leave > renew motion, and, as so modified, affirmed, ithout costs. PHOENIX BRIDGE CO., Appellant, v. REEM et al., Respondents. (Supreme Court, ppellate Division, Second Department. April 1, 1905.) Action by the Phoenix Bridge Comany against Daniel J. Creem and others. No inion. Judgment and order unanimously afmed, with costs. PLUNKET, Respondent, v. NEW YORK & C. RY. CO., Appellant. (Supreme Court, Apllate Division, Second Department. May 5, 05.) Action by Katie Plunket against the ew York & Queens County Railway Compa7. No opinion. Judgment and order unaniously affirmed, with costs. POTH v. COMMERCIAL ADVERTIZER SS'N. (Supreme Court, Appellate Division, rst Department. May 20, 1905.) Action by illiam Poth against the Commercial Advercer Association. No opinion. Motion grant, with $10 costs. PRIMA, Respondent, v. WISCHERTH et Appellants. (Supreme Court, Appellate vision, Second Department. April 21, 1905.) tion by Anna Prima, an infant, by Rosa marca, her guardian ad litem, against Anew Wischerth, John Wischerth, and Louis ischerth. No opinion. Judgment and order animously affirmed, with costs. RANKIN v. BUSH et al. (Supreme Court, opellate Division, First Department. April 1905.) Action by George C. Rankin against hn J. Bush and others. No opinion. Motion anted. RAYMOND, Respondent, V. SECURITY❘ RUST & LIFE INS. CO., Appellant. (Sueme Court, Appellate Division, First Departnt. May 20, 1905.) Action by Ralph Raynd against the Security Trust & Life Inrance Company. E. L. Mooney, for appelt. B. Hanson, for respondent. PER CURIAM. Order affirmed, with $10 sts and disbursements. VAN BRUNT, P. J., dissents. REDDY, Appellant, v. UNION RY. CO., Reondent. (Supreme Court, Appellate Division, -st Department. April 7. 1905.) Action by dget Reddy against the Union Railway Comny. A. Hayes, Jr., for appellant. own, for respondent. No opinion. nt affirmed, with costs. late Division, Second Department. April 21, 1905.) Action by Frederick Reisert against the city of New York. No opinion. Order settled and signed. RESSENSTEIN, Appellant, v. COHEN, Respondent. (Supreme Court, Appellate Division, First Department. May 5, 1905.) Action by Maurice Ressenstein against Morris Cohen. W. L. Mathet, for appellant. F. X. McCaffrey, for respondent. No opinion. Judgment and order affirmed, with costs. ROBERTS, Appellant, v. FRIEDMAN et al., Respondents. (Supreme Court, Appellate Division, First Department. May 5, 1905.) Action by Peter Roberts against Harry Friedman and others. P. L. Klock, for appellant. P. J. Jeachimsen, for respondents. No opinion. Judgment affirmed, with costs. ROGERS, Appellant, v. CLYDE S. S. CO., Respondent. (Supreme Court, Appellate Division, First Department. May 5, 1905.) Action by Margaret Rogers, as administratrix, against the Clyde Steamship Company. H. C. Smyth, for appellant. T. G. Strong, for respondent. No opinion. Judgment affirmed, with costs. ROOSEVELT et al. v. SCHILE et al. (two cases). (Supreme Court, Appellate Division, First Department. May 20, 1905.) Actions by John E. Roosevelt and another against Romeo H. Schile and others. No opinion. Motion denied, on payment of $20 costs. ROSE, Respondent, v. MILLER et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 21, 1905.) Action by Jacob Rose against Louis Miller and another. No opinion. Motion to dismiss appeal granted, with $10 costs. RUSSELL, Respondent, v. NATIONAL EXHIBITION CO., Appellant. (Supreme Court, Appellate Division, First Department. April 7, 1905.) Action by Frank Russell against National Exhibition Company. C. J. Sullivan, for appellant. J. M. Ward, for respondent. No opinion. Judgment and order affirmed, with costs. RUSSELL, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Third Department. May 3, 1905.) Action by Edgar G. Russell against the New York Central & Hudson River Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs. RUTHER, Appellant, v. MAYOR, ETC., OF (SuCITY OF NEW YORK, Respondent. preme Court, Appellate Division, First Department. April 7, 1905.) Action by William Ruther against the mayor, etc., of the city of New York. J. T. Fenlon, for appellant. T. Connoly, for respondent. Judg C. F. REISERT, Appellant, v. CITY OF NEW RK, Respondent. (Supreme Court, Appel PER CURIAM. Judgment affirmed, with costs. PATTERSON and LAUGHLIN, JJ., dis sent. and 127 New York State Reporter RYAN, Appellant, v. THIRD AVE. R. CO., | Koppel Schifter against Reuben Zimmerman. Respondent. (Supreme Court, Appellate Divi- No opinion. Order affirmed, with $10 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 appellant. B. H. Ames, for respondent. No opinion. Judgment affirmed, with costs. RYER, Respondent, v. PRUDENTIAL INS. CO. OF AMERICA, Appellant. (Supreme Court, Appellate Division, Second Department. April 28, 1905.) Action by Fannie C. Ryer, as administratrix, etc., against the Prudential Insurance Company of America. No opinion. Reargument ordered, and case set down for May 8, 1905. ST. REGIS PAPER CO., Appellant, v. SANTA CLARA LUMBER CO. et al., Respondents. (Supreme Court, Appellate Division, Third Department. May 9, 1905.) Action by the St. Regis Paper Company against the Santa Clara Lumber Company and others. PER CURIAM. Judgment and order affirmed, with costs, on the opinion of Justice John M. Kellogg at Special Term (85 N. Y. Supp. 1034). PARKER, P. J., and CHASE, J., dissent. SALMON et al., Appellants, v. BRANDMEIER, Respondent. (Supreme Court, Appellate Division, Second Department. May 5, 1905.) Action by Hamilton H. Salmon and another against Philip Brandmeier. No opin ion. Motion denied. SALOMON v. SALOMON. (Supreme Court, Appellate Division, First Department. April 20, 1905.) Action by Estelle L. Salomon against Sidney H. Salomon. No opinion. Motion denied. See memorandum per curiam. SAMMIS, Respondent, v. HART, Appellant. (Supreme Court, Appellate Division, Second Department. April 21, 1905.) Action by Charles T. Sammis against Charles A. Hart. SAUL v. SWARTZ (three cases). (Supreme Court, Appellate Division, First Department. May 20, 1905.) Actions by Lester J. Saul against Henrietta Swartz, individually, etc. No opinion. Motion denied. SAUL v. SWARTZ (three cases). (Supreme Court, Appellate Division, First Department. May 20, 1905.) Actions by Lester J. Saul against Henrietta Swartz, individually, etc. No opinion. Motion granted, so far as to dismiss appeal, with $10 costs. SCHEU, Appellant, v. UNION RY. CO., Respondent. (Supreme Court, Appellate Division, First Department. April 20, 1905.) Action by Magdalene Scheu against the Union Railway Company. A. Ledwith, for appellant. No opinion. Order affirmed, with $10 costs and disbursements. SCHIFTER, Respondent, v. ZIMMERMAN, Appellant. (Supreme Court, Appellate Division, Second Department. May 12, 1905.) Action by SCHMIDT V. METROPOLITAN ST. IT. CO. (Supreme Court, Appellate Division, Fart Department. April 14, 1905.) Action by Frederick A. Schmidt against the Metropolitan Street Railway Company. No opinion. Meti denied, on payment of $20 costs. SCHMUCKLER, Appellant, v. CENTRAL CROSSTOWN RY. CO., Respondent (8 preme Court, Appellate Division, First Deput ment. May 5, 1905.) Action by Sampal Schmuckler, by guardian, against the Central Crosstown Railway Company. H. Goreb, fir appellant. B. H. Ames, for respondent No opinion. Appeal from order dismissed. Jag ment affirmed, with costs. SCHNEERMACHER, Appellant, v. BTB SAM & HORMAN BREWING CO. Respon ent. (Supreme Court, Appellate Division Se ond Department. May 12, 1905.) Action Henry Schneermacher against the Rubsm Horman Brewing Company. No opin der affirmed, with $10 costs and disbursements. SCHOLLE, Respondent, v. MANHATTAN RY. CO. et al., Appellants. (Supreme Court Appellate Division, First Department. Ap 7, 1905.) Action by William Scholle, in ually, etc., against the Manhattan R Company and others. S. Babcock, for appe lants. W. G. Peckham, for respondent. opinion. Judgment affirmed, with costs. SCHREYER v. SCHREYER et al preme Court, Appellate Division. First Depar ment. May 12, 1905.) Action by John Schre er against John F. Schreyer and others, in pleaded, etc. No opinion. Motion gal Question certified as stated in memɔrandım. per curiam. SCHUWALSKY, Appellant, v. CENTRAL R. CO. OF NEW JERSEY, Respondent. S preme Court, Appeliate Division, Second De partment. April 21, 1905.) Action by Le Schuwalsky against the Central Railroad Ca pany of New Jersey. No opinion. Jedett of the Municipal Court affirmed, with on the authority of Zimmer v. N. Y. C. & E R. R. Co., 137 N. Y. 460, 33 N. E. 642. SEELAY et al. v. MACKENZIE. (S Court, Appellate Division. First Depar April 7, 1905.) Action by Max Seelay a other against William H. Mackenzie. No ap ion. Motion denied. SHAUGHNESSY v. H. HERRMANN SAWMILL CO. (two cases). (Supreme Court, AP pellate Division, Second Department. April 21. 1905.) Actions by J. Noyes Shaughnessy against the H. Herrmann Sawmill Company and Hugo F. Huber. No opinion. Order af firmed, with $10 costs and disbursements. SHPOREN, Respondent, v. METROPOLITAN ST. RY. CO., Appellant. (Supreme E, Appellate Division, First Department. | pellate Division, Fourth Department. May 3, 14, 1905.) 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. x, for respondent. R CURIAM. Judgment and order affirm-ith costs. N BRUNT, P. J., dissents. SNYDER, Respondent, v. OSTERHELD, Appellant. (Supreme Court, Appellate Division, Second Department. April 21, 1905.) Action by William F. Snyder against Kate Osterheld. No opinion. Judgment of the City Court of Yonkers unanimously affirmed, with costs. OCUM, Appellant, V. GREENWOOD ETERY, Respondent. (Supreme Court, late Division, First Department. May 5, SPAIN, Respondent, v. HUDSON VALLEY O Action by Helen Slocum against the RY. CO., Appellant. (Supreme Court, Appelwood Cemetery. J. A. Allen, for appellate Division, Third Department. May 16, D. Campbell, for respondent. No opin1905.) Action by Abbie M. Spain against the Judgment affirmed, with costs. Hudson Valley Railway Company. re SMITH et al. (Supreme Court, AppelDivision, First Department. April 7, O In the matter of Morton B. Smith and S. P. C. Schnitzler, for appellant. J. B. for respondent. R CURIAM. Order affirmed, with $10 and disbursements. N BRUNT, P. J. (dissenting). As suitors s country are not permitted to have comons executed in Germany, except under the onerous terms and conditions, it seems to at, until the ordinary courtesies of civilizations are extended to our courts by the an authorities, such applications as this d be denied. ITH V. V. PER CURIAM. Judgment and order affirmed, with costs. HOUGHTON, J., dissents. SPELLMAN, Appellant, V. NEW YORK (SuCENT. & H. R. R. CO., Respondent. preme Court, Appellate Division, Third Department. May 3, 1905.) Action by Richard T. Spellman against the New York Central & Hudson River Railroad Company. No opinion. Judgment unanimously affirmed, with costs. SPENCER v. CITY OF NEW YORK. (Supreme Court, Appellate Division, First Department. April 14, 1905.) Action by Thomas Νο Spencer against the city of New York. opinion. Motion granted, so far as to dismiss appeal, with $10 costs. STARBUCK, Appellant, v. WOODARD, Respondent. (Supreme Court, Appellate Division, Third Department. May 3, 1905.) Action by Frank M. Starbuck, as trustee in bankruptcy of the estate of Harry D. Goldberg, against Eli M. Woodard. No opinion. Judgment unanimously affirmed, with costs. STEINER v. PERENYI. (Supreme Court, Appellate Division, First Department. May 12, 1905.) Action by Louis Steiner against Adalbert B. Perenyi. No opinion. Motion granted. STERN v. MCPHERSON. (Supreme Court, Appellate Division, First Department. May 12, 1905.) Action by Joseph W. Stern against Robert C. McPherson. No opinion. Motion granted, so far as to dismiss appeal, with $10 costs. STORY, Appellant, v. METROPOLITAN (Supreme Court, ST. RY. CO., Respondent. Appellate Division, First Department. April 7, 1905.) Action by Francis W. Story against the Metropolitan Street Railway Company. ITH & MABLEY, Respondent, 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. respondent. No opinion. Order affirmed, $10 costs and disbursements. OWDEN, Respondent, V. TOWN OF STRAUS et al. v. AMERICAN PUBLISHERS' ASS'N (two cases.) (Supreme Court, Appellate Division, First Department. May 12, 1905.) Action by Isidor Straus and another against the American Publishers' Association. No opinion. Motion denied. and 127 New York State Reporter STRAUSS, Respondent, v. NEW YORK, N. H. & H. R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 21, 1905.) Action by Iona Strauss, as administratrix, etc., of John Strauss, deceased, against the New York, New Haven & Hartford Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs. STRINGER, Respondent, v. BARKER et al., Appellants. (Supreme Court, Appellate Division, Second Department. May 12, 1905.) Action by Gertrude Stringer against George A. Barker and Jacob Berry, as executors, etc., George A. Barker, individually, and others. No opinion. Reargument ordered, and case set down for June 7, 1905. STRONG, Respondent, v. GOOGINS, Appellant. (Supreme Court, Appellate Division, First Department. May 20, 1905.) Action by Mary E. Strong against Emma Googins (otherwise Emma Parker). W. H. Hamilton, for appellant. A. McCulloh, for respondent. No opinion. Judgment affirmed, with costs. STURSBERG et al., Appellants, v. ABLOWICH, Respondent. (Supreme Court, Appel late Division, First Department. April 7, 1905.) Action by William Stursberg and others against Julius_Ablowich. M. H. Cave, for appellants. A. Furber, for respondent. No opinion. Judgment affirmed, with costs. V. (Su SUNDSTROM et al., Respondents, DELAWARE & H. CO., Appellant. preme Court, Appellate Division, Second Department. May 12, 1905.) Action by Charles Sundstrom and Frank M. Stratton against the Delaware & Hudson Company. No opinion. Order affirmed by default, with $10 costs and disbursements. SWEENY, Respondent, v. KELLOGG, Appellant. (Supreme Court, Appellate Division, First Department. April 7, 1905.) Action by Mary Sweeny, as administratrix, against L. Laflin Kellogg. L. L. Kellogg, in pro. per. T. J. Swift, for respondent. No opinion. Judgment and order affirmed, with costs. TAVSHANJIAN, Respondent, v. BOOKER et al., Appellants. (Supreme Court, Appellate Division, First Department. April 16 Action by Hovhannes S. Tavshanjian against Charles L. Booker and others. W. J. Cardis and C. E. Souther, for appellants. C. J. Shears for respondent. PER CURIAM. Judgment affirmed with costs, with leave to defendants to withdraw demurrer and to answer, upon payment of cuss in this court and in the court below. INGRAHAM, J., dissents. TEN EYCK, Appellant, v. BOOKMAN « al., Respondents. (Supreme Court, Appel Division, Fourth Department. May 10, 197Action by Clarence Ten Eyck, as receive, d against Lucinda Bookman and another. PER CURIAM. Order modifed, so b provide, as a condition of permitting defenda to answer, that they be required to pay the 24 and disbursements awarded by this court an former appeal herein, together with the r and disbursements on this appeal, and, modified, said order is affirmed, with $10 103 and disbursements to the plaintiff. WILLIAMS, J., dissents, voting for ance on the ground that no order or jul has ever been entered on the decision of Appellate Division or served on the defendant so as to require compliance therewith, mu section 1355 of the Code of Civil Proce and Stevens v. Central National Bank, 16 X Y. 253, 56 N. E. 628. HISCOCK, J., dissents on the ground 36 order of which he complains, but simply the appellant has not taken an appeal from 12 the order correcting the same. TEN EYCK, Appellant, v. BOOKMAN € al., Respondents. (Supreme Court. Appele Division, Fourth Department. May 10 19 Action by Clarence Ten Eyck, as receiver, et against Le Roy Bookman and another. PER CURIAM. Order modified, 5 provide, as a condition of permitting dela ants to answer, that they be required to the costs and disbursements awarded by th court on the former appeal herein, together with the costs and disbursements on th SWEET, Respondent, v. HOWELL, Appeal, and, as so modified, said order is afr pellant. (Supreme Court, Appellate Division, with $10 costs and disbursements to the pit Third Department. May 16, 1905.) Action tiff. by George B. Sweet against Joseph Howell, as administrator, etc., of Sophia Howell, deceased. No opinion. Motion granted, unless within 30 days appellant pays to respondent $10 costs, and $10 costs of this motion, and serves his proposed case and exceptions, in which case, motion denied. WILLIAMS, J., dissents, and votes for h firmance, and HISCOCK, J., dissents. the grounds stated by them, respectivel the case of Same Plaintiff v. Lucinda B man, Rebecca Ganbee, and others (decision which is handed down herewith) ubi supra |