partment. October 11, 1907.) Action by Ludiska H. Larsen, as administratrix, etc., against the United States Mortgage & Trust Company. No opinion. Motion for leave to appeal to the Court of Appeals denied, without costs. LAWRENCE BROS., Inc., v. SCHIFF et al. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by the Lawrence Brothers, incorporated, against Mackenzie Schiff and another. No opinion. Order affirmed on argument, with $10 costs and disbursements. LUZERNE CHEMICAL CO., Appellant, v. KENNEY et al., Respondents. (Supreme Court, Appellate Division, Third Department. November 20, 1907.) Action by the Luzerne Chemical Company against Edward Kenney and others. PER CURIAM. Judgment affirmed, with costs. COCHRANE, J., KELLOGG, J., dissents. not sitting. DY et al., Appellants. (Supreme Court, AppelMcCULLOUGH, Respondent, v. McCREAlate Division, First Department. November 8, 1907.) Action by Joseph J. McCullough against Charles McCready and others. J. T. Ryan, for appellants. W. F. Clare, for respondent. No opinion. Determination (52 Misc. Rep. 542, 102 N. Y. Supp. 633) affirmed, with costs, with leave to defendants to withdraw demurrer and to answer, on payment of costs in this court and in the court below. Order filed. MCKNIGHT, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Action by James McKnight, an infant, against the city of New York. T. Connoly, for appellant. J. B. Ker, for respondent. PER CURIAM. Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates event judgment, as so modified, and order, afto reduce verdict to $1,500 and costs, in which firmed, without costs of appeal. Settle order on notice. In re MANSKE. (Supreme Court, Appellate 1907.) In the matter of the judicial settlement October 18, Division, Second Department. of the account of Josephine G. Manske, formerly Josephine Gunther, as administratrix, etc., of Otto Gunther, deceased. PER CURIAM. Decree of the Surrogate's Court of Kings county modified, by reducing the costs of the reference and charging it to the es$5,000, and by relieving the contestant of the tate, and, as thus modified, affirmed, without costs. MCNAIR, Respondent, v. SALIT et al., Ap-compensation of Mr. Graves, the counsel, to pellants. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Mary H. McNair against Michael J. Salit and another. No opinion. Order, in so far as appealed from, affirmed, with $10 costs and disbursements. MCNULTY, Respondent, v. LUDWIG & CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Bernard McNulty against Ludwig & Co. No opinion. Judgment and order affirmed by default, with costs. MCNULTY, Respondent, v. MCNULTY, Appellant. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Mary E. McNulty against Patrick J. McNulty. W. J. Walsh, for appellant. J. A. McElhinny, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. MARIS, Appellant, v. SWANN, Respondent. (Supreme Court, Appellate Division, First Delena Maris against Mark E. Swann. partment. November 8, 1907.) Action by ElBostwick, for appellant. J. W. Brainsby, for C. F. with costs. Order filed. respondent. No opinion. Judgment affirmed, MARKHAM, Appellant, v. WALSH, ReFourth Department. November 13, 1907.) Acspondent. (Supreme Court, Appellate Division, tion by Homer C. Markham against John W. Walsh. and Justice Court reversed, with costs in this PER CURIAM. Judgment of County Court court and the courts below. Held, that the defense of untenantableness of the premises was entirely unproved, and the jury having been permitted to consider the evidence as to the Condition of the premises in question, which evidence was admitted over the plaintiff's objection and exception, we are unable to determine that the verdict rendered in favor of the defendant was not influenced or controlled thereby. In re MARLOR'S WILL. (Supreme Court, Appellate Division, Second Department. October 18, 1907.) In the matter of the probate of the last will and testament of Jane Ann Order modiMarlor, deceased. No opinion. fied (106 N. Y. Supp. 131), so as to provide for the submission of the questions to a jury. Settle order before HIRSCHBERG, P. J. MARTINE, Appellant, v. HUDSON VAL LEY RY. CO., Respondent. (Supreme Court, Appellate Division, Third Department. November 13, 1907.) Action by Mary E. Martine, as administratrix, etc., of Godfrey R. Martine, deceased, against the Hudson Valley Railway Company. No opinion. Judgment unanimous- v. ROTHSCHILD. HYLAND V. WOODly affirmed, with costs. MASON, Respondent, v. THOMPSON, Appellant. (Supreme Court, Appellate Division, Second Department. October 23, 1907.) Action by Thomas F. Mason against Evelyn E. Thompson. PER CURIAM. Judgment and order affirmed, with costs. WOODWARD and JENKS, JJ., dissent. Miles BURY INST. BRYANT v. CARR. HORSFORD V. MANVILLE. HOROWITZ V. BROADS MFG. CO. DEMPSEY v. RUTLAND MARBLE CO. HIRSCHFIELD v. HANLEY & CO. KEAR v. NEW YORK CITY RY. CO. RICHTER v. COLON. ALT HAUSE v. BANKERS' TRUST CO. DAMSKY v. WELTFISCH. (Supreme Court, Appellate Division, First Department. October L. 18, 1907.) Actions by Herbert against James Barton, by Robert A. Dobyns against the Commonwealth Trust Company, by William M. Bauchelle against Jacob Rothschild, by Mary E. Hyland against the Woodbury Institution, by J. Wilson Bryant against Austin Carr, by Elizabeth A. Horsford against Hiram E. Manville, by Morris Horowitz against the Broads Manufacturing Company, by John M. Dempsey against the Rutland MarAp-ble Company, by Morris Hirschfield against Hanley & Company, by Henry Kear against the New York City Railway Company, by John Richter against George Colon, by Walter Althause against the Bankers' Trust Company, and by Annie Damsky against Abraham S. Weltfisch. No opinions. Applications in each case denied, with $10 costs. Orders signed. MAURER v. FRIEDMAN et al. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Mary E. Maurer against Samuel Friedman and others. opinion. Motion denied, with $10 costs. der filed. No Or MAYER, Respondent, v. DAVIS et al., pellants. (Supreme Court, Appellate Division, Second Department, October 18, 1907.) Action by Florence E. Mayer against Marian Davis and others. No opinion. Motion for reargument granted, and case set down for Monday, October 21, 1907. See 103 N. Y. Supp. 943, 946. MILGRIM et al., Appellants, v. FEUER, Respondent. (Supreme Court, Appellate Division, Second Department. October 23, 1907.) Action by Max Milgrim and another against William Feuer. No opinion. Judgment of the Municipal Court affirmed with costs. MILLRING, Appellant, v. KEITSCH et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. November 13, 1907.) Action by William J. Millring against Mary Keitsch and another. No opinion. Judgment and order affirmed, with costs. MINCH v. NEW YORK EVENING JOURNAL et al. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Michael Minch against the New York Evening Journal and others. No opinion. Judgment affirmed, with costs, with leave to defendants to withdraw demurrer and to answer, on payment of costs in this court and in the court below. Order filed. MINCH, Respondent, T. NEW YORK EVENING JOURNAL et al., Appellants. (Supreme Court, Appellate Division, First DeNovember 8, 1907.) Action by partment. Margaret Minch against the New York Evening Journal and another. M. De Witt, for appellants. J. G. Pheil, for respondent. No opinion. Judgment affirmed, with costs, with leave to defendants to withdraw demurrer and to answer on payment of costs in this court and in the court below. Order filed. MINSKY v. JACOBS. (Supreme Court, Appellate Division, First Department. October 18, 1907.) Action by Louis Minsky against J. Randolph Jacobs. No opinion. Motion denied, on payment of $10 costs, and on condition that appellant have appeal ready for argument on the first motion day of the December term. Order filed. and 140 New York State Reporter MINSKY V. JACOBS. (Supreme Court, Ap-| stay against Patrick J. Carlin and others. No pellate Division. First Department. November opinion. Motion denied, on condition that the 15, 1907.) Action by Louis Minsky against J. appellant have his case ready for argument at Randolph Jacobs. No opinion. Motion de- the December term. Order filed. nied, with $10 costs. Order filed. MULVEY, Respondent, v. FUCHS, Appelond Department. October 18, 1907.) Action by Peter Mulvey against Elenora Fuchs. No opinion. Judgment of the Municipal Court affirmed, with costs. MOEST, Appellant, V. CONTINENTAL lant. (Supreme Court, Appellate Division, SecCASUALTY CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. November 20, 1907.) Action by Mary Moest against the Continental Casualty Company. No opinion. Judgment (55 Misc. Rep. 128, 104 N. Y. Supp. 553) affirmed with costs. MONTROSE, Respondent, v. POTTERTON et al., Appellants. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Frederick Montrose, an infant, by George Montrose, his guardian ad litem, against John H. Potterton and another. copartners, etc., impleaded with others. No opinion. Judgment and order unanimously affirmed, with costs. MORAN, Appellant, v. BOARD OF EDUCATION OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Kate L. Moran against the board of education of New York. H. Thompson, for appellant. T. Connoly, for respondent. No opinion. Judgment affirmed, with costs. Order filed. MORCH, Respondent, v. SMITH, Appellant. (Supreme Court, Appellate Division, Second Department. October 23, 1907.) Action by Thomas Morch against Elmer P. Smith. No opinion. Judgment and order affirmed, with MUNRO, Respondent, Y. BROOKLYN HEIGHTS R. CO., Appellant. (Supreme Court, MURRAY, Respondent, V. NEW YORK CITY RY. CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 15, 1907.) Action by Margaret Murray against the New York City Railway Company. No opinion. Motion granted, with costs. MURRAY, Respondent, v. NEW YORK CITY RY. CO., Appellant. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Edward Murray against the New York City Railway Company. B. H. Ames, for appellant. N. W. Kerngood, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. MURRAY, Respondent, v. NORTH RIVER ELECTRIC LIGHT & POWER CO. et al., Appellants. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Action by Ellen E. Murray, as administratrix, against the North River Electric Light & Power Company and another. C. I. Taylor, for appellants. II. D. Cohen, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. MUTUAL LIFE INS. CO., Respondent, v. RAYMOND et al., Appellants. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Action by the Mutual Life Insurance Company against Charles H. Raymond and another. D. McClure, for appellant. J. McKeen, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. NAUGHTON, Appellant, v. INTERURBAN ST. RY. CO., Respondent. (Supreme Court, Appellate Division, First Department. Novem Action by John Naughton ber 8, 1907.) against the Interurban Street Railway Com Brown, for respondent. No opinion. Judgment pany. O. H. Droege, for appellant. C. F. and order affirmed, with costs. Order filed. MULSTAY v. CARLIN et al. (Supreme NEALE, Respondent, v. WALTER, AppelCourt, Appellate Division, First Department. lant. (Supreme Court, Appellate Division, SecOctober 18, 1907.) Action by Eugene J. Mul-ond Department. October 4 1907.) Action by Isabella Neale against John Walter. Max Schleimer, for appellant. Frederick W. Block, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion to place the case on the equity calendar granted; the action being for the removal of a cloud on title, and not for ejectment. O'LEARY, Respondent, v. HOWELL, Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by John D. O'Leary against Eugene B. Howell, as receiver of the Long Island Real Estate Exchange & Investment Company. No opinion. Judgment of the County Court of Kings county unanimously affirmed, with costs. NEW YORK & QUEENS ELECTRIC LIGHT & POWER CO., Appellant, v. CAR- OLSEN v. ROYAL CO. (Supreme Court, PENTER et al., Respondents. (Supreme Court, Appellate Division, First Department. NovemAppellate Division, Second Department. October 15, 1907.) Action by Anna Olsen against ber 11, 1907.) Action by the New York & the Royal Company, etc. No opinion. Motion Queens Electric Light & Power Company granted, with $10 costs. Order filed. against John R. Carpenter and others. No opinion. Motion denied, with costs. NICHOLAS V. LORD et al. (Supreme Court, Appellate Division, First Department. October 18, 1907.) Action by George S. Nicholas against Franklin B. Lord and others. No opinion. Judgment affirmed, with costs. Order filed. In re NORTHAM. DUTCHESS INS. CO., Appellant, v. NORTHAM et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. November 20, 1907.) In the matter of the general assignment for the benefit of creditors of William G. Northam to Lewis N. Northam. Action by the Dutchess Insurance Company against Lewis N. Northam, assignee, and others. PER CURIAM. Order reversed, with $10 costs and disbursements, and motion granted, without costs. Held, that in the circumstances disclosed by the record in this case it was error for the court to refuse, on the ground of laches, to open the decree. KRUSE and ROBSON, JJ., dissent. NORTON, Respondent, v. ITHACA ST. RY. CO. et al., Appellants. (Supreme Court, Ap pellate Division, Third Department. November 13, 1907.) Action by Ella Norton against the Ithaca Street Railway Company and another. PER CURIAM. Judgment and order affirmed, with costs. KELLOGG, J., dissents. NOURSE. Appellant, v. LEXINGTON DIME SAVINGS & LOAN ASS'N et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. November 13, 1907.) Claim of Oliver W. Nourse against the Lexington Dime Savings & Loan Association and another. PER CURIAM. Order affirmed, with $10 costs and disbursements. KRUSE, J., dissents. ONYAN, Appellant, v. BURNS et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. October 9, 1907.) Action by Thomas Onyan against James Burns and others. No opinion. Judgment and order affirmed, with costs. In re ORR et al. (Supreme Court, Appellate Division, First Department. November 8, 1907.) In the matter of Alexander E. Orr and others. No opinion. Application granted. OSBORN v. CARDEZA et al. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Ellen C. Osborn against Howard J. M. Cardeza and others. No opinion. Order affirmed, with $10 costs and disbursements. OSBORNE, Respondent, v. MCARTHURS BROS. CO., Appellant. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Clarence J. Osborne against the McArthurs Bros. Company. J. M. Goodale, for appellant. H. B. Goodstein, for respondent. PER CURIAM. Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer, on payment of costs in this court and in the court below. Order filed. SCOTT, J., dissents. PAGE, Appellant, v. DEMPSEY, Respondent. (Supreme Court, Appellate Division, First Department, October 25, 1907.) Action by Cornelia B. Page against James Dempsey. W. F. Clare, for appellant. T. M. Tyng, for respondent. PER CURIAM. Judgment affirmed, with costs. Order filed. CLARKE and HOUGHTON, JJ., dissent. PARKER, Appellant, V. ALTONWOOD PARK CO. OF NEW YORK et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by K. Webber Parker, suing in her own behalf, against the Altonwood Park Company of New York and others. No opinion. Judgment af O'GRADY, Appellant, v. MCDONOUGH. Re-firmed, with costs. spondent. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Асtion by Cornelius E. O'Grady against Patrick H. McDonough. PER CURIAM. Order affirmed, with $10 costs and disbursements. HOOKER and RICH, JJ., dissent. PATERNO, Respondent, v. CITY OF NEW YORK, Appellant. (Actions 1, 2, 3 and 5.) (Supreme Court, Appellate Division, Second Department. October 15, 1907.) Actions by Frank Paterno against the city of New York. opinion. Motions to dismiss appeals denied. No |