RICHARD, Respondent, v. MATHEWS, Ap-| pellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Louis Richard against Gustave X. Mathews. No opinion. Judgment and order affirmed, with costs. In re ROELKER. (Supreme Court, Appellate Division, Second Department. April 30, 1909.) In the matter of the application of Alfred Roelker, Jr., for license and permission to practice as an official examiner of title. No opinion. Application granted, and bond approved. RICHARDSON, Appellant, v. BOSTOCK, Respondent. (Supreme Court, Appellate Divi- ROLLSON, Appellant, v. PECK, Respondsion, Second Department. April 23, 1909.) Ac-ent. (Supreme Court, Appellate Division, Third tion by Anna Richardson against Frank C. Bos- Department. May 5, 1909.) Action by Maggie tock. No opinion. Judgment affirmed on argu- Rollson against Harriet R. Peck. ment, with costs. In re RICHARDSON'S ESTATE. (Supreme Court, Appellate Division, First Department. April 8, 1909.) In the matter of the estate of Emma J. Richardson, deceased. No opinion. Judgment affirmed, with costs. Order filed. RINDSKOPF, Respondent, v. GRITZ et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Henry P. Rindskopf against David Gritz and another. No opinion. Judgment of the Municipal Court affirmed, with costs. RITCHEY, Appellant, v. PAKAS, Respondent. (Supreme Court, Appellate Division, Second Department. May 7, 1909.) Action by Daniel P. Ritchey against Solomon L. Pakas. No opinion. Order setting aside verdict and granting new trial unanimously affirmed on argument, with costs. In re ROBBINS et al. (Supreme Court, Appellate Division, Second Department. April 30, 1909.) In the matter of the application of Clarence H. Robbins and others, executors, and trustees, etc., to have determined an attorney's lien, etc., with Clarence C. Ferris as lienor. No opinion. Order (61 Misc. Rep. 114, 112 N. Y. Supp. 1032) affirmed, with $10 costs and disbursements. PER CURIAM. Judgment and order affirmed, with costs. KELLOGG, J., dissents. ROSENBERG, Respondent, v. STUTZBACH et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Charles Rosenberg against Otto Stutzbach and another. No opinion. Judgment of the Municipal Court affirmed, with costs. ROSENBLATT, Appellant, v. CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. April 8. 1909.) Action by Albert Rosenblatt against the City of New York. S. Greenbaum, for appellant. T. Connoly, for respondent. No opinion. Judgment affirmed, with costs. Order filed. RYAN, Appellant, v. FRANKLIN et al., Re spondents. (Supreme Court, Appellate Division, First Department. May 7, 1909.) Action by Thomas J. Ryan against William B. Franklin and others. H. C. Smyth, for appellant. G. G. Battle, for respondents. No opinion. Judgment affirmed, with costs. Order filed. SALZ, Appellant, v. STERN et al., Respondents. (Supreme Court, Appellate Division. Se ond Department. April 23, 1909.) Action by Frank Salz against David Stern and others. No opinion. Interlocutory judgment affirmed by ROCKLAND LAKE TRAP ROCK CO., Re-default, with costs. spondent, v. NEW YORK, N. H. & H. R. CO., Appellant, et al. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by the Rockland Lake Trap Rock Company against the New York, New Haven & Hartford Railroad Company and another. No opinion. Judgment affirmed, with costs. ROCKMORE, Respondent, v. DENIKE et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Abraham Rockmore against Mary T. Denike and another. No opinion. Judgment of the Municipal Court affirmed, with costs. RODZBORSKI, Respondent, v. AMERICAN SUGAR REFINING CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by John Rodzborski against the American Sugar Refining Company. SATCHEL, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. May 7, 1909.) Action by Walter Satchel, an infant, etc., against the Brooklyn Heights Railroad Company. PER CURIAM. Judgment and order affirmed, with costs. BURR, J., dissents. SAUTER, Respondent, v. HERNANDEZ, Appellant. (Supreme Court, Appellate Division, Second Department. April 30, 1909.) Action by Karl Sauter against Walter Hernandez. No opinion. Judgment of the Municipal Court unanimously affirmed, with costs. SCARSDALE PUB. CO.-THE COLONIAL PRESS v. COLLIER et al. (Supreme Court, 1909.) Appeal from Special Term, New York County. Action by the Scarsdale Publishing Company-The Colonial Press against Peter F. Collier and another. From an order granting a motion to vacate an ex parte order for examination of one of the defendants, plaintiff appeals. Reversed, and motion denied. Henry Staton. for appellant. John V. Judge, for respondents. PER CURIAM. Upon the papers presented, the plaintiff was clearly entitled to an examination of the defendant. The order should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs. SCHNIBBE, Appellant, v. STUTZ et al., Respondents. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Richard Schnibbe against Louis Stutz and another. PER CURIAM. Plaintiff's testimony that, upon his objection to the provisions furnished and refusal to accept them, the defendants agreed that if plaintiff would accept them they would "stand behind them," tended to establish indemnification for subsequent acceptance. Without further expression upon the merits, we reverse the judgment dismissing the complaint, and order a new trial; costs to abide the event. SHEEDY, Appellant, v. EDDY et al., Respondents. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Ellen T. Sheedy against William H. Eddy and others. No opinion. Judgment affirmed, with costs. SHICK, Appellant, v. BERLINER, Respondent. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Samuel Shick, an infant, by Harry Shick, his guardian ad litem, against Elias Berliner. No opinion. Judgment of the Municipal Court unanimously affirmed, with costs. SHIELS, Appellant, v. STAFFORD, Respondent. (Supreme Court, Appellate Division, First Department. April 8, 1909.) Action by Thomas Shiels, as receiver, against Jenny K. Stafford. J. W. Greene, for appellant. J. M. Beck, for respondent. No opinion. Judgment affirmed, with costs. Order filed. SHUBERT v. ZIEGFELD. (Supreme Court, Appellate Division, First Department. April 16, 1909.) Action by Lee Shubert against Florenz Ziegfeld. No opinion. Application denied, with $10 costs. Order signed. See, also, 113 N. Y. Supp. 801. SILVER, Appellant, v. REBHUN, Respondent. (Supreme Court, Appellate Division, Sec ond Department. April 23, 1909.) Action by Julius Silver against Jachiel Rebhun. PER CURIAM. Motion to dismiss appeal granted, with costs, unless the appellant within 15 days perfect the appeal, place the cause at the foot of the present calendar, and be ready for argument when reached, in which case the motion is denied, without costs. SIMERS v. WHITE. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by George W. Simers, Jr., as judgment creditor, against Josiah J. White, as judgment debtor. No opinion. Motion denied, with $10 costs. In re SIMMONS et al. (Supreme Court, Appellate Division, Third Department. May 5, 1909.) In the matter of the application and petition of J. Edward Simmons and others, constituting the board of water supply of the city of New York, to acquire real estate for and on behalf of the city of New York, under chapter 724, p. 2027, of the Laws of 1905, etc., in the town of Olive, Ulster county, N. Y., for the purpose of providing an additional supply of pure and wholesome water for the use of the city of New York. Parcel No. 50; Marshall Winn and Benjamin Van Steenburgh, claimants. No opinion. Order unanimously affirmed, with costs. See, also, 61 Misc. Rep. 352, 113 N. Y. Supp. 890; 130 App. Div. 350, 356, 114 N. Y. Supp. SIMON, Respondent, v. CHAUSER et al., Appellants. (Supreme Court Appellate Division, Second Department. May 7, 1909.) Action by Meyer Simon against Isaac Chauser and another. No opinion. Judgment of the Municipal Court affirmed, with costs. SINGER, Respondent, V. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Leonard Singer, as administrator of goods, chattels, and credits of Bertha Singer, deceased, against the New York Central & Hudson River Railroad Company. No opinion. Motion denied, with $10 costs. See, also, 116 N. Y. Supp. 294. SINN, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. April 30, 1909.) Action by William Sinn against the New York Central & Hudson River Railroad Company. No opinion. Judgment and order unanimously affirmed, with costs. SMITH, Appellant, v. BOARD OF SUP'RS OF ESSEX COUNTY, Respondent. (Supreme Court, Appellate Division, Third Department. May 5, 1909.) Action by Frank E. Smith against the board of supervisors of the county of Essex. No opinion. Order unanimously affirmed, with $10 costs and disbursements. CO., Appellant. SMITH, Respondent, v. MICHIGAN WAGON & MFG. CO., Appellant. (Supreme Court. Appellate Division, Second Department. May 7, 1909.) Action by Garrett H. Smith against the Michigan Wagon & Manufacturing Company. No opinion. Judgment of the Municipal Court unanimously affirmed, with costs. SMITH, Appellant, v. PEOPLE, Respondent. (Supreme Court, Appellate Division, Third Department. Action by Annie M. Smith against the people of the May 5, 1909.) state of New York. No opinion. Judgment unanimously affirmed, with costs. SPENADEL, Respondent, v. NEADLE et al., Appellants. (Supreme Court, Appellate Division, First Department. April 8, 1909.) Action by Max Spenadel against Jacob Neadle and others. W. C. Beecher, for appellants. B. Reass, for respondent. No opinion. Judg ment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer STAPLETON NAT. BANK, Respondent, v. UNITED STATES FIDELITY & GUARANTY CO., Appellant. (Supreme Court. Appellate Division, Second Department. April 23, 1909.) Action by the Stapleton National Bank against the United States Fidelity & Guaranty Company. No opinion. Motion denied, with $10 costs. See, also, 115 N. Y. Supp. 372. TAYLOR, Respondent, v. TAYLOR et al., Appellants. (Supreme Court, Appellate Division, First Department. April 8, 1909.) Action by Jessie K. Taylor against Talbot J. Taylor and_another. R. W. Candler, for appellants, S. Untermyer, for respondent. No opinion. Judgment affirmed, with costs against defendant. Order filed. See, also, 116 N. Y. Supp. 530. STEEL, Respondent, v. KNIGHT et al., THOMSON METER CO., Respondent, v. Appellants. (Supreme Court, Appellate Divi- PEOPLE'S DRUG STORE CO., Appellant. sion, First Department. April 30, 1909.) Ac (Supreme Court, Appellate Division, Second tion by Henry E. Steel against John W. Knight and others. F. G. Caffey, for appel-Thomson Meter Company against the People's Department. April 23, 1909.) Action by the lants. G. W. Schurman, for respondent. No Drug Store Company. No opinion. Final oropinion. Order affirmed, with $10 costs and der of the Municipal Court affirmed, with costs. disbursements. Order filed.. STERN, Appellant, v. STERN, Respondent. (Supreme Court, Appellate Division, First Department. April 16, 1909.) Action by Benjamin Stern against Sara Stern, as executrix. W. M. Bennett, for appellant. E. Bisbee, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. STODDER, Appellant, v. NEW ENGLAND NAVIGATION CO., Respondent. (Supreme Court, Appellate Division, Second Department. April 30, 1909.) Action by William F. Stodder against the New England Navigation Company. No opinion. Judgment and order of the Municipal Court affirmed by default, with costs. STRAMMER, Respondent, v. MENDEL SON, Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Max Strammer against Abraham Mendelson. No opinion. Motion denied, with $10 costs. STUYVESANT REAL ESTATE CO., Respondent, V. ERICKSON, Appellant. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by the Stuyvesant Real Estate Company against Benno Erickson. No opinion. Final order of the Municipal Court affirmed. TAMS, Appellant, v. SCHIRMER et al., Respondents. (Supreme Court, Appellate Division, First Department. April 8, 1909.) Action by Arthur W. Tams against G. Schirmer and others. M. Grossman, for appellant. A. Knauth, for respondents. No opinion. Judgment affirmed, with costs, with leave to plaintiff to amend on payment of costs. Order filed. TAYLOR, Appellant, v. HEYL et al., Respondents. (Supreme Court, Appellate Division, First Department. April 16, 1909.) Action by Henry A. Taylor against George E. Heyl and another. A. B. Bergstrom, for appellant. I. B. Louis, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. PER CURIAM. Judgment affirmed, with | No opinion. costs, with leave to plaintiff to amend on pay- Order filed. ment of costs. Order filed. MCLAUGHLIN and HOUGHTON, JJ., dis senting. Motion denied, with $10 costs. WARDEN, Respondent, v. MURRAY et al., Appellants. (Supreme Court, Appellate Division, Second Department. April 30, 1909. Action by Irene Warden, an infant, by William E. Warden, her guardian ad litem, against Patrick J. Murray and David J. Stewart, copartners, etc., and the city of New York. No opinion. Judgment and order unanimously af TWINAME, Appellant, v. CULGIN et al., Respondents. (Supreme Court, Appellate Division, First Department. May 7, 1909.) Action by John Twiname against Guy W. Culgin and others. H. K. Davis, for appellant. J.A. Arroyo, for respondents. No opinion. Judg-firmed, with costs. ment affirmed, with costs, and appeal from decision dismissed. Order filed. ULLMANN, Appellant, v. SCHULTES, Respondent. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Katherine _Ullmann against John Schultes. No opinion. Judgment and order of the Municipal Court affirmed, with costs. UNIVERSAL TALKING MACH. MFG. CO., Appellant, v. DUFFY MCINERNEY CO., Respondent. (Supreme Court, Appellate Division, First Department. April 30, 1909.) Action by the Universal Talking Machine Manuturing Company against the Duffy McInerney Company. R. Barnett, for appellant. S. Bernheim, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. In re VANDERBILT. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) In the matter of Edward Ward Vanderbilt, an alleged incompetent. No opinion. Motion denied, without costs. See, also, 127 App. Div. 408, 111 N. Y. Supp. 558. VAUGHN, Appellant, v. GLENS FALLS PORTLAND CEMENT CO., Respondent. (Supreme Court, Appellate Division, Third Department. May 5, 1909.) Action by Albert A. Vaughn against the Glens Falls Portland Cement Company. No opinion. Order (59 Misc. Rep. 230, 112 N. Y. Supp. 240) affirmed, with $10 costs and disbursements. In re VOGEL. (Supreme Court, Appellate Division, First Department. April 16, 1909.) In the matter of Minnie H. Vogel. No opinion. Motion denied on terms stated in order. Order filed. In re VOGEL (Supreme Court, Appellate Division, First Department. April 30, 1909.) In the matter of Minnie H. Vogel, deceased. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. WALHEIMER v. BIANCHI et al. (Supreme Court, Appellate Division, First Department. April 30, 1909.) Action by George Wal WEGNER, Respondent, v. VANDERPOEL, Appellant. (Supreme Court, Appellate Division, First Department. April 30, 1909.)_Aetion by Eugene Wegner against Wiliam_Vanderpoel. E. C. Morse, for appellant. F. B. Maerkle, for respondent. PER CURIAM. Order modified, by limiting the examination of the defendant to the question as to the ownership of the machine, the person in charge, and his relation to the defendant, and as so modified, affirmed, without costs. Settle order on notice. WELCKE et al., Respondents, v. TRAGESER, Appellant (two cases). (Supreme Court, Appellate Division, First Department. April 8, 1909.) Actions by Adelheld Welcke and others against William C. Trageser. R. K. Walton, for appellant. J. H. Hayes, for respondents. No opinion. Orders affirmed. Or ders filed. See, also, 116 N. Y. Supp. 161, 166. WELD et al., Respondents, v. POSTAL TELEGRAPH CABLE CO., Appellant. (Supreme Court, Appellate Division, First Department. May 7, 1909). Action by Stephen M. Weld and others against the Postal Telegraph Cable Company. A. G. Fox, for appellant. H. W. Taft, for respondents. No opinion. Judgment and order athirmed, with costs. Order filed. WEYAND et al., Appellants, v. RANDALL et al., Respondents. (Supreme Court, Appellate Division, Second Department. April 23, 1909.) Action by Henry Weyand and another against Frederick G. Randall and others. No opinion. Motion denied, without costs. See, also, 115 N. Y. Supp. 279. WIEBALK, Respondent, v. WOLF, Appellant. (Supreme Court, Appellate Division, Seeond Department. May 7, 1909.) Action by Claus H. Wiebalk against George Wolf. No opinion. Appeal from order of the Municipal Court dismissed, with $10 costs and disbursements, on the ground that no statutory authority exists for the appeal. WILDMAN, Appellant, v. JONES, Respondent. (Supreme Court, Appellate Division. First Department. April 23, 1909.) Action by Joseph E. Wildman against Frank C. Jones, as |