(182 N.Y.S.) Bantleon v. Meier, 81 Hun, 162 30 N. Y. Supp. 706. Jenks, P. J., and Mills, Rich, Kelly, and 21, 1920.) Jaycox, JJ. concur. Albert P. WELLS, Respt., v. Joseph C. BROWNSTONE et al., Applts. (Supreme Court, Appellate Division, First Department. May 21, 1920.) Order affirmed, with $10 costs and disbursements, with leave to defendants to withdraw demurrer and to answer, on payment of said costs and $10 costs of motion at Special Term. No opinion. Order filed. In the matter of the application of Grace H. WENTWORTH as executrix of the last will and testament of John W. Wentworth, deceased, to compel Henry L. Armstrong, as executor and trustee under the last will and testament of Mary Emma Armstrong, deceased, to render and file an account of his proceedings as such executor and trustee. (Supreme Court, Appellate Division, Third Department. May 14, 1920.) Decision amended, by striking out provision as to costs. In other respects, motion denied. Ignatius WESOLOSKI, respondent, v. Harris VIRSHUP and others, appellants. (Supreme Court, Appellate Division, Second Department. May 14, 1920.) Motion for stay denied, with $10 costs. Robert WEST, an infant, by Lulu West, his guardian ad litem, appellant, v. CONEY ISLAND & BROOKLYN RAILROAD COMPANY, respondent. (Supreme Court, Appellate Division, Second Department. June 4, 1920.) Judgment and order of the County Court of Kings County unanimously affirmed, with costs. No opinion. In the matter of the application of the WESTERN UNION TELEGRAPH COMPANY for a writ of mandamus against Josiah T. MAREAN. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Motion for writ of mandamus denied, without costs. The former justice has, in his affidavit presented to us, stated that he was willing to settle the case and order it on file, if the parties would agree on the form thereof. Laura Fox WETMORE, as adm'x, etc., applt. ▼. Frank FOWLER et al., respts. (Supreme Court, Appellate Division, Fourth Department. March 3, 1920.) Motion granted, and appeal dismissed, with costs. Stephen A. WHISTEN, appellant, v. Colin M. EADIE, respondent. (Supreme Court, Ap pellate Division, Second Department. May Motion dismissed, without costs. The proper practice is an application to the court in which the action was tried. In the matter of the judicial settlement of the accounts of Virginia Kent WHITE and one, as executors of Pendennis White, deceased. (Supreme Court, Appellate Division, Fourth Department. March 3, 1920.) Order and decree, so far as appealed from, affirmed, with costs. All concur. Ollie WHITE and one, respts., v. George W. DE GRAFF and one, applts. (Supreme Court, Appellate Division, Fourth Department. March 3, 1920.) Judgment affirmed, with costs. All concur. WHITESIDE ELECTRIC & MANUFACTURING CO., Respt., v. Howard A. WHITESIDE et al., Applts. (Supreme Court, Appellate Division, First Department. May 14, 1920.) Order affirmed, with $10 costs and disbursements, with leave to defendants to withdraw demurrers and to answer, on payment of said costs and $10 costs of motion at Special Term. No opinion. Order filed. David L. WHITMORE, etc., appellant, v. NEW YORK INTERURBAN WATER COMPANY, respondent. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Motion to dismiss appeal denied, with out costs. Constant F. WHITNEY et al., appellants, v. CONSIDINE INVESTING COMPANY et al., respondents. (Supreme Court, Appellate Division, Second Department. June 11, 1920.) Motion to dismiss appeal granted, with $10 costs. Constant F. WHITNEY et al., appellants, v. CONSIDINE INVESTING COMPANY et al., respondents. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Motion granted. Order dismissing appeal vacated, and appeal reinstated, without costs. Milton O. WICKS, respondent, v. CRYSTAL SPRING ICE COMPANY, appellant, and Charles H. Danis, defendant. (Supreme Court, Appellate Division, Second Department. May 21, 1920.) Interlocutory judgment and order unanimously affirmed, with costs. No opinion. William H. WILTSE, Applt., v. THOMAS MILLEN CO., Respt. (Supreme Court. Appellate Division, Fourth Department. May 19, 1920.) Judgment affirmed, with costs. All con Caroline WILKS, as adm'x, etc., Respt., v. N. | make the additional allegations by way of Y. TELEPHONE CO. and one, Applts. (Supreme Court, Appellate Division, Fourth Department. May 12, 1920.) Order affirmed, with $10 costs and disbursements. All concur. WILLIAM BLATH, Incorporated, respondent, v. Irving W. YOUNG, appellant. (Supreme Court, Appellate Division, Second Department. June 4, 1920.) Final order of the County Court of Westchester County reversed, with costs, and the petition unanimously dismissed, with costs. The proof shows that Danner was authorized by plaintiff to make on his behalf with the defendant the precise agreement which Danner by the receipt of June 4, 1919, attempted to make. There is no proof that thereafter defendant refused to execute any lease tendered by plaintiff. S. Frank WILLIAMSON, as Receiver, etc., Respt., v. WHITNEY COMPANY, Applt. (Supreme Court, Appellate Division, First Department. May 28, 1920.) Judgment and order affirmed, with costs. No opinion. Order filed. S. Frank WILLIAMSON, as Receiver, etc., v. WHITNEY CO. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion for reargument or for leave to appeal denied, with $10 costs. Order filed. Motion for stay granted. Settle order on notice. WM. T. REYNOLDS & COMPANY, Inc., respondent, v. SEGGERMAN BROTHERS, Inc., appellant. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Order reversed, with $10 costs and disbursements, and demurrer sustained, with $10 costs, on the ground of a defect in parties defendant, with leave to plaintiff to amend its summons and complaint upon payment of such costs within twenty days. Jenks, P. J., and Mills, Rich, Blackmar, and Jaycox, JJ., concur. amendment (Backes v. Mechanics' & Traders' Bank, 130 App. Div. 20, 114 N. Y. Supp. 459), and the order is reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Jenks, P. J., and Mills, Rich, Blackmar, and Jaycox, JJ., concur. WINTER & CO., Applt., v. RUDOLPH PIANO CO., Applt., impld. with Traders' National Bank of Rochester, Respt., et al., Defts. (Supreme Court, Appellate Division, First Department. May 14, 1920.) Judgment affirmed, with costs. No opinion. Order filed. WINTER & CO. v. RUDOLPH PIANO CO., impleaded, etc. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion denied, with $10 costs. Order filed. John R. WOFIELD and another, respondents, v. W. BECKER'S ANILINE & CHEMICAL WORKS, Inc., appellant. (Supreme Court, Appellate Division, Second Department. June 11, 1920.) Motion denied, with $10 costs. Walter WOOD and one, respts., v. Dana J. MACAFEE et al., applts. (Supreme Court, Appellate Division, Fourth Department. March 17, 1920.) Judgment (172 N. Y. Supp. 703) affirmed, with costs. All concur. Curtis P. WOODBURY v. George B. LEIGHTON et al. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Motion for stay pending appeal granted. Settle order on notice. cur. Caroline S. WIMPFHEIMER, appellant, v. Juanita L. Wendell and Frank M. Tichenor, individually and as executors, etc., respondents. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Plaintiff has complied with the requirements of the order of November 3, 1919. She had a perfect right to Elva R. WOODWARD, Applt., v. Edward J. KELLY, Respt. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. Joseph WOOLSLEGER, Respt., v. Fred CORNELL, Applt. (Supreme Court, Appellate Division, Fourth Department. May 19, 1920.) Judgment and order affirmed, with costs. All concur. X. AMUSEMENT CO., Inc., v. HERMES AMUSEMENT CO., Inc. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion for stay denied, with $10 costs, and temporary stay vacated. Order filed. INDEX-DIGEST KEY NUMBER SYSTEM THIS IS A KEY-NUMBER INDEX ABANDONMENT. (..) Parcel left on subway car not (..) Abandoned property owned by ABATEMENT AND REVIVAL. V. DEATH OF PARTY AND REVIVAL (A) Abatement or Survival of Action. 49 (N.Y.Sup.) Action does not survive de- 803. 52 (N.Y.Sup.) Generally actions ex delicto ACCORD AND SATISFACTION. See Compromise and Settlement. 11(1) (N.Y.Sup.) Acceptance of check, with ACTION. See Abatement and Revival; Dismissal and I. GROUNDS AND CONDITIONS PRE- 2 (N.Y.Mun.Ct.) Relief given against un- 3 (N.Y.Sup.) Adoptive child not "heir" of 12 (N.Y.Sup.) Notice to nonconsenting par- ADVERSE POSSESSION. I. NATURE AND REQUISITES. 11(..) Possession by mistake or inad- v. II. NATURE AND FORM. (961) |