In re MCGOVERN. (Supreme Court, Appellate Division, First Department. April 30, 1909.) In the matter of John McGovern, deceased. No opinion. Motion granted, with $10 costs. Order filed.

MCINTYRE, Appellant, v. BURNS, Respondent. (Supreme Court, Appellate Division, First Department. May 7, 1909.) Action by Michael McIntyre against Michael F. Burns. A. Rosenthal, for appellant. F. Hulse, for respondent. No opinion. Order affirmed, with costs. Order filed.

In re MCMANUS' WILL. (Supreme Court, Appellate Division, Second Department. May 7, 1909.) In the matter of the probate of the last will and testament of Elizabeth McManus, late of the county of Nassau, deceased.

PER CURIAM. Decree of the Surrogate's Court of Nassau county affirmed, with costs.

HIRSCHBERG, P. J., dissents, on the ground of the conflicting findings to the effect that the deceased was of sound and disposing mind and memory and also afflicted with senile dementia on the day the will was executed.

MAYER, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Jennie C. Mayer against the city of New York. No opinion. Judgment and order unanimously affirmed, with costs.

MAYER, Respondent, v. JONES et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Rosalynde De Lima Mayer against Cyrus P. Jones and others. No opinion. Motion for stay granted, without costs. See, also, 116 N. Y. Supp. 300.

MECHANICS' & TRADERS' BANK, ReCourt, Appellate Division, First Department. spondent, v. O'BANNON, Appellant. (Supreme April 30, 1909.) Action by the Mechanics' & Traders' Bank against J. W. O'Bannon. J. I. T. Bailey, for appellant. C. E. Treadwell, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

MICHELS, Appellant, v. WAGNER, Respondent. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by William H. Michels against Ernest C. Wagner. No opinion. Order of the Municipal Court affirmed, with costs.

MCTERNAN, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Patrick McTernan against the Brooklyn Heights Railroad Company. opinion. Judgment and order unanimously af-preme Court, Appellate Division, First Depart

firmed, with costs.

No

MAGGIO v. A. H. MEYER CO. (Supreme Court, Appellate Division, First Department. April 30, 1909.) Action by Providenza Maggio against the A. H. Meyer Company. No opinion. Motion granted, with $10 costs. Order filed.

MAISCH, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. April 30, 1909.) Action by Rudolph Maisch_against the city of New York. No opinion. Judgment and order unanimously affirmed, with costs.

MATHEWS, Respondent, v. SCHONWALD, Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Townsend Mathews against Margaretha Schonwald. No opinion. Motion denied, with $10 costs.

MATTHEWS et al., Appellants, v. HALL, Respondent. (Supreme Court, Appellate Division, First Department. April 23, 1909.) Action by William H. Matthews and another against Thomas Hall. D. T. Kimball, for appellants. J. Kearney, for respondent.

PER CURIAM. Judgment affirmed, with costs. Order filed.

INGRAHAM, J., dissents.

MILLER v. ÆTNA LIFE INS. CO.

(Su

ment. April 30, 1909.) Action by Charles D. Miller against the Etna Life Insurance Company. No opinion. Motion granted, with $10 Order filed.

costs.

MILLER, Appellant, v. GARDNER, Respondent. (Supreme Court, Appellate Division, Second Department. Apill 23, 1909.) Action by John Miller against John M. Gardner. No opinion. Motion denied, with $10 costs.

late Division, First Department.
In re MONTANYE. (Supreme Court, Appel-
1909.) In the matter of William H. Montanye,
April 30,
deceased. No opinion. Order affirmed, with
$10 costs and disbursements. Order filed.

MOORE, Respondent, v. GRANT et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Hugh Moore against Eugene J. Grant and another. No opinion. Motion denied.

MOOT, Respondent, v. PHOENIX INS. CO OF HARTFORD, CONN., Appellant. (Supreme Court, Appellate Division, Third Department. May 5, 1909.) Action by Floyd Moot against the Phoenix Insurance Company of Hartford, Conn. No opinion. Judgment unanimously affirmed, with costs.

MORAN, Respondent, v. NEW YORK & Q C. RY. CO. et al., Appellants. (Supreme

Court, Appellate Division, Second Department. | road, Light & Power Company. No opinion. April 23, 1909.) Action by James D. Moran Judgment and order unanimously affirmed, with against the New York & Queens County Rail- costs. See, also, 110 App. Div. 769, 97 N. Y. way Company and another. No opinion. Supp. 420. Judgment and order unanimously affirmed, with costs.

MOWBRAY, Appellant, v. DE FOREST, Respondent. (Supreme Court, Appellate Division, First Department. May 7, 1909.) Action by William E. Mowbray against William H. De Forest, Jr., impleaded. H. Parsons, for appellant. H. R. Limburg, for respondent. No opinion. Judgment affirmed, with costs. Order filed.

MULLER, Respondent, v. CONEY ISLAND & B. R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 30, 1909.) Action by Annie Muller against the Coney Island & Brooklyn Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs.

MULLER, Respondent, v. CONEY ISLAND & B. R. CO., Appellant. (Supreme Court, Ap pellate Division, Second Department. April 30, 1909.) Action by Wilhelm Muller against the Coney Island & Brooklyn Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs.

MURPHY, Appellant, v. KEENEY, Respondent. (Supreme Court, Appellate Division, First Department. April 30, 1909.) Action by Delia A. Murphy against Frederick C. Keeney, as administrator. J. Ewen, for appellant. H. F. Stone, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

MURRAY, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Third Department. May 5, 1909.) Action by Joseph Murray against the New York Central & Hudson River Railroad Company.

PER CURIAM. Order affirmed, with $10
SMITH, P. J., and KELLOGG, J., dissent.

costs and disbursements.

MYERS, Respondent, v. HERZOG et al., Appellant. (Supreme Court, Appellate Division, First Department. April 16, 1909.) Action by Katherine I. Myers against Ellen T. Herzog and another. D. E. Peck, for appellants. J. G. Fenster, for respondent. No opinion. Order affirmed, with $10 costs and disbursements, on Brooks v. Tiffany, 117 App. Div. 470, 102 N. Y. Supp. 626, and Backes v. Mechanics' & Traders' Bank (Sup.) 114 N. Y. Supp. 459. Or der filed.

NEARY, Respondent, v. CITIZENS' R., LIGHT & POWER CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 30, 1909.) Action by Sarah Neary, as ad

In re NELSON. (Supreme Court, Appellate Division, Second Department. April 30, 19093 In the matter of the application of George M. Nelson for admission to the bar. No opinion. Application granted.

CO. et al., Appellants. (Supreme Court, Ap NEWMAN, Respondent, v. OAKS HOTEL pellate Division, Third Department. May 5. 1909.) Action by Frederick W. Newman against the Oaks Hotel Company and another. No opinion. Judgment and order unanimously affirmed, with costs.

NORTHERN INS. CO. OF NEW YORK, Respondent, v. WOOD et al., Appellants. (Supreme Court, Appellate Division, First Department. April 30, 1909.) Action by the Northern Insurance Company of New York against Henry P. Wood and another. R. F. Randall, for appellants. L. Levy, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

In re O'BRIEN. (Supreme Court, Appellate Division, First Department. April 16, 1909) In the matter of Arthur F. O'Brien. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

O'BRIEN et al., Respondents, v. THOMAS et al., Appellants. (Supreme Court, Appellate Division, First Department. April 16, 1909) Action by John O'Brien and another against Edward R. Thomas and another. R. A. Irving, for appellants. J. W. Browne, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

OETJEN v. CITY OF NEW YORK et al. (Supreme Court, Appellate Division, Second De partment. May 7, 1909.) Action by Leo Oetjen, an infant, etc., against the city of New York and others. No opinion. Judgment and order unanimously affirmed on reargument, without costs.

OFNER, Respondent, v. GUINZBURG, Appellant. (Supreme Court, Appellate Division. First Department. April 30, 1909.) Action by Josephine Ofner against Fernando M. Guinzburg. J. C. Guggenheimer, for appellant. A Ofner, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

In re O'REILLY. (Supreme Court, Appel late Division, Second Department. April 23, 1909.) In the matter of the application to revoke letters testamentary issued to Frank E O'Reilly, as executor of Arthur J. Heaney, de

Motion denied, without costs. See, also, 59 | of New York against Charles Baker. No opin-
Misc. Rep. 136, 112 N. Y. Supp. 208.
ion. Motion denied on terms stated in order.
Order filed.

PEACE et al., Respondents, v. WALLACE TRANSP. CQ., Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Harry B. Peace and another against the Wallace Transportation Company. No opinion. Judgment and order affirmed, with costs.

PEOPLE. Respondent, v. TRANSIT DEVELOPMENT CO., Appellant. (Supreme PENN DRUG CO., Appellant, v. E. C. Mc- Court, Appellate Division, Second Department. KALLOR DRUG CO., Respondent. (Supreme April 23, 1909.) Proceedings by the people of Court, Appellate Division, Third Department. the state of New York against the Transit DeMay 5, 1909.) Action by the Penn Drug Com-velopment Company. No opinion. Motion depany against the E. C. McKallor Drug Com- nied. See, also, 115 N. Y. Supp. 297. pany. No opinion. Judgment affirmed, with costs.

PEOPLE v. BAKER. (Supreme Court, Appellate Division, First Department. April 30, 1909.) Proceedings by the people of the state

PEOPLE, Respondent, v. WASHOR, Appellant. (Supreme Court, Appellate Division, First Department. May 7, 1909.) Proceedings by. the people of the state of New York against. Meyer Washor. A. J. Levy, for appellant.

R.

i

S. Johnstone, for the People. No opinion. Judg-| 1909.) Proceedings by the people of the state ment affirmed. Order filed.

PETZE, Appellant, v. LEARY, Respondent. In the matter of William F. Randel. No opin(Supreme Court, Appellate Division, Second De- ion. Motion denied. Settle order on notice. partment. April 23, 1909.) Action by Henry H. Petze against Daniel J. Leary. No opinion. Motion denied, without costs. See, also, 117 App. Div. 829, 102 N. Y. Supp. 960.

PETZE, Appellant, v. STREET, Respondent. (Supreme Court, Appellate Division, First Department. April 16, 1909.) Action by Henry A. Petze against Charles G. Street. R. Claughton, for appellant. C. Blandy, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

PIETSCHKER, Appellant, v. CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. April 8, 1909.) Action by Frank Pietschker against the city of New York. G. W. Alger, for appellant. T. Connoly, for respondent. No opinion. Order affirmed, with costs and disbursements. Order filed.

PLAUT, Appellant v. STRAUB, Respondent, et al. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Robert Plaut against John Straub, impleaded. No opinion. Motion denied, without costs. See, also, 115 N. Y. Supp. 148.

POLITO et al., Respondents, v. PETRIELLO et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Emanuel Polito and another against Giuseppi Petriello and others. No opinion. Judgment affirmed, with costs.

POTTER v. GILBERT. (Supreme Court, Appellate Division, First Department. April 30, 1909.) Action by Alma H. Potter, as administratrix, against Charles P. H. Gilbert. No opinion. Motion granted. Question certified. Order filed. See, also, 115 N. Y. Supp. 425.

QUIGG, Respondent, v. POST & McCORD, Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Joseph F. Quigg against Post & McCord. No opinion. Motion for leave to appeal to the Court of Appeals denied, without costs. See, also, 115 N. Y. Supp. 147.

RAFFERTY, Respondent, v. SECURITY TRUST & LIFE INS. CO., Appellant. (Supreme Court, Appellate Division, First Department. April 16, 1909.) Action by William J. Rafferty against the Security Trust & Life Insurance Company. H. A. Rubino, for appellant. H. A. Brann, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.

In re RANDEL. (Supreme Court, Appellate Division, First Department. April 30, 1909.)

RARITO, Appellant, v. HUDSON PORTLAND CEMENT CO., Respondent. (Supreme Court, Appellate Division, Third Department. May 5, 1909.) Action by Domencio Rarito against the Hudson Portland Cement Company. No opinion. Order unanimously affirmed, with costs.

REIN V. ZWEBELSON. (Supreme Court, Appellate Term. May 7, 1909.) Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Caspar Rein against Mollie Zwebelson. From a judgment for plaintiff, and from an order denying a motion for a new trial on the ground of perjury, fraud, and newly discovered evidence, defendant appeals. Reversed, and new trial ordered. Herman Hoffman, for appellant. Lester W. Eisenberg, for respondent.

PER CURIAM. The order denying the motion for a new trial is affirmed, with $10 costs to the respondent. The record discloses a situation that induces us to believe that the interests of justice will be best subserved by granting a new trial. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

In re REUSTLE'S ESTATE. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) In the matter of the application for a revocation of letters of administration heretofore issued in the estate of Bessie Reustle, deceased. No opinion. Decree of the Surrogate's Court of the county of Nassau affirmed, with costs.