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and 114 New York State Reporter

NEW YORK CENT. & H. R. R. CO., Ap-| Appellants and Respondents. (Supreme Court, pellant, v. AUBURN INTERURBAN ELEC- | Appellate Division, Second Department. JanuTRIC R. CO., Respondent. (Supreme Court, ary 23, 1903.) Action by the Ostrander Fire Appellate Division, Fourth Department. Jan- Brick Company against Peter J. McCormick, uary 20, 1903.) Action by the New York Cen- Frederick G. Voss, James B. Ludlow, and Jacob tral & Hudson River Railroad Company against F. Miller, as executors, etc., of Thomas W. Ludthe Auburn Interurban Electric Railroad Com- low, Jr., deceased, and others. No opinion. Orpany. der reversed on argument, by consent, and motion dismissing the complaint granted, without

PER CURIAM. Judgment affirmed, with

costs.

MCLENNAN, J., not voting.

NEW YORK CENT. & H. R. R. CO. v. STATE. (Supreme Court, Appellate Division, Third Department. January 14, 1903.) Action by the New York Central & Hudson River Railroad Company against the state of New York. No opinion. Judgment unanimously affirmed, with costs.

NORTHAM, Respondent, v. DUTCHESS COUNTY MUT. INS. CO. OF POUGHKEEPSIE, Appellant. (Supreme Court, Appellate Division, Fourth Department. January 13, 1903.) Action by Lewis A. Northam, as assignee, etc., against the Dutchess County Mutual Insurance Company of Poughkeepsie, New York. No opinion. Judgment and order affirmed, with costs.

MCLENNAN, J., dissenting, upon the ground that the verdict is against the weight of evidence, on the authority of same case. 68 App. Div. 475, 74 N. Y. Supp. 29.

NORTHERN ELEVATOR CO., Respondent, v. LEHIGH VAL. R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 27, 1903.) Action by the Northern Elevator Company against the Lehigh Valley Railroad Company. No opinion. Order affirmed, with $10 costs and disburse

meuts.

O'BRIEN et al., Respondents, v. DWYER et al.. Appellants. (Supreme Court, Appellate Division, Fourth Department. January 30, 1903.) Action by Henry O'Brien and others, constituting the Syracuse Stock & Grain Company, against John J. Dwyer, Clarence E. Cooley, impleaded, etc. No opinion. Motion for leave to appeal to the Court of Appeals granted, and questions to be certified to be settled before Mr. Justice HISCOCK at his chambers in Syracuse.

O'CONNELL, Respondent, v. SHERA, Appellant. (Supreme Court, Appellate Division, First Department. January 23, 1903.) Action by Katherine O'Connell against Ethelinda M. Shera W. J. McGoy, for appellant. C. J. G. Hall, for respondent. No opinion. Judgment and order affirmed, with costs. See 73 N. Y. Supp. 231.

In re ORR et al. (Supreme Court, Appellate Division, First Department. February 13. 1903.) In the matter of Alexander E. Orr and others. No opinion. Compensation fixed.

OSTRANDER FIRE BRICK CO., Plaintiff, Respondent, v. McCORMICK et al., Defendants,

costs.

OTT, Respondent, v. HOME FIRE INS. CO. OF BALTIMORE, Appellant. (Supreme Court, Appellate Division, Third Department. January 14, 1903.) Action by Albert Ott against the Home Fire Insurance Company of Baltimore. No opinion. Judgment and order unanimously affirmed, with costs.

PECK V. BARNEY et al. (two cases). (Supreme Court, Appellate Division, Second Department. January 16, 1903.) Two actions by George W. Peck, as trustee, etc., against Charles T. Barney and others. No opinions. Orders affirmed, with $10 costs in each case, and disbursements.

In re PENNSYLVANIA, N. Y. & L. I. R. CO. (Supreme Court, Appellate Division, First Department. February 20, 1903.) In the matter of the Pennsylvania, New York & Long Island Railroad Company. No opinion. Motion granted.

PEOPLE, Respondent, v. BERKMAN, Appellant. (Supreme Court, Appellate Division, First Department. January 9, 1903.) Proceeding by the people of the state of New York against Israel Berkman. O. A. Rosalsky, for appellant. R. C. Taylor, for the People. No opinion. Judgment affirmed.

PEOPLE, Respondent, v. GUICHANE, Appellant. (Supreme Court, Appellate Division, First Department. February 20, 1903.) Proceeding by the people of the state of New York against Francois Guichane. J. D. Lindsay, for appellant. R. C. Taylor, for the People. No opinion. Judgment affirmed.

pellate Division, First Department. January 23, PEOPLE v. HAND. (Supreme Court, Ap1993.) Proceeding by the people of the state of New York against Robert Hand. No opinion. Motion granted.

PEOPLE, Respondent, v. LAKE, Appellant. (Supreme Court, Appellate Division, First DeProceeding by partment. February 20, 1903.) the people of the state of New York against Pater Lake. L. Loewenstein, for appellant. R. C. Taylor, for the People. No opinion. Judg. ment affirmed.

PEOPLE v. TITE. (Supreme Court, Appellate Division, First Department. January 9, 1903.) Proceeding by the people of the state of New York against Thomas Tite. No opinion. Motion granted.

PEOPLE ex rel. BROOKLYN CITY R. CO., Appellant, V. STATE BOARD OF TAX COM'RS, Respondent. (Supreme Court, Appellate Division, Third Department. January 23, 1903.) Proceeding by the people of the state of New York, on the relation of the Brooklyn City Railroad Company, against the State Board of Tax Commissioners. No opinion. Order appealed from affirmed on the facts and reversed on the law, and assessment vacated, upon opinions in People ex rel. Metropolitan St. Ry. Co. v. State Board of Tax Com'rs (decided this term) 80 N. Y. Supp. 85. Form of order, if not agreed upon, to be settled by CHASE, J.

the state of New York, on the relation of George E. Hauser, against John N. Partridge, commissioner. F. E. Perham, for appellant. T. Connoly, for respondent. No opinion. Proceedings affirmed, and writ dismissed, with costs.

PEOPLE ex rel. KENEFICK, Appellant, v. FINN, Respondent. (Supreme Court, Appellate Division, First Department. January 9, 1903.) Proceeding by the people of the state of New York, on the relation of Jeremiah Kenefick, against Daniel E. Finn. C. O. Maas, for appellant. W. B. Crowell, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

PEOPLE ex rel. LEACH v. WOODBURY.

PEOPLE ex rel. BURNS. Appellant, v. PARTRIDGE, Police Com'r, Respondent. (Supreme Court, Appellate Division, Second Department. January 9, 1903.) Proceeding by the peo- (Supreme Court, Appellate Division, First Deple of the state of New York, on the relation of partment. January 9, 1903.) Proceeding by Edward J. Burns, against John N. Partridge, as the people of the state of New York, on the repolice commissioner of the city of New York, lation of Michael H. Leach, against John McG. No opinion. No opinion. Reargument ordered for Fri- Woodbury. Motion denied, with day, January 23, 1903.) See 78 N. Y. Supp. 249. $10 costs.

etc.

PEOPLE ex rel. CONEY ISLAND & B. R. CO., Appellant, v. PRIEST et al., Respondents. (Supreme Court, Appellate Division, Third De[artment. January 23, 1903.) Proceeding by the people of the state of New York, on the relation of the Coney Island & Brooklyn Railroad Company against George E. Priest and others, constituting the State Tax Board. No opinion. Order appealed from affirmed on the facts and reversed on the law, and assessment vacated, upon opinions in People ex rel. Metropolitan St. Ry. Co. v. State Board of Tax Com'rs (decided this term) 80 N. Y. Supp. 85. Form of order, if not agreed upon, to be settled by CHASE, J.

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PEOPLE ex rel. CONSOLIDATED GAS CO. OF NEW YORK, Appellant, v. STATE BOARD OF TAX COM'RS. Respondent. (Supreme Court, Appellate Division, Third Department. January 23, 1903.) Proceeding by the people of the state of New York, on the relation of the Consolidated Gas Company of New York, against the State Board of Tax Commissioners. No opinion. Order appealed from affirmed on the facts and reversed on the law, and assessment vacated, upon opinions in People ex rel. Metropolitan St. Railway Co. v. State Board of Tax Com'rs (decided this term) 80 N. Y. Supp. 85. Form of order, if not agreed upon, to be settled by CHASE, J.

PEOPLE ex rel. DE BELPRAT, Respondent, v. COLE et al.. Appellants. (Supreme Court, Appellate Division, Second Department. January 30, 1903.) Proceeding by the people of the state of New York, on the relation of Alma H. De Belprat, against William J. Cole and others, composing the school board of the borough of Richmond, and others. No opinion. Final order and order denying motion for new trial affirmed, with costs.

PEOPLE ex rel. HAUSER. Appellant, v. PARTRIDGE, Com'r, Respondent. (Supreme Court, Appellate Division, First Department. January 9, 1903.) Proceeding by the people of

PEOPLE ex rel. MCCABE et al. v. MAT

THIES et al., Town Auditors. (Supreme Court, Appellate Division, Second Department. January 30, 1903.) Proceeding by the people of the state of New York, on the relation of William F. McCabe and John Duffy, against Charles A. Matthies, John J. Haley, and James D. Wright, as the board of town auditors of the town of White Plains. No opinion. Motion to dismiss appeal denied.

PEOPLE ex rel. NEW AMSTERDAM GAS CO., Appellant, v. PRIEST et al.. Respondents. (Supreme Court, Appellate Division, Third Department. January 23, 1903.) Proceeding by the people of the state of New York, on the relation of the New Amsterdam Gas Company, against George E. Priest, J. Edgar Leaycraft, and Lester F. Stearns, composing and constituting the State Board of Tax Commissioners of the State of New York. No opinion. Order appealed from affirmed on the facts and reversed on the law, and assessment vacated, upon opinions in People ex rel. Metropolitan St. Ry. Co. v. State Board of Tax Com'rs (decided this term) 80 N. Y. Supp. 85. Form of order, if not agreed upon, to be settled by CHASE, J.

PEOPLE ex rel. NEW YORK CENT. & H. R. R. CO. et al. v. BOARD OF RAILROAD COM'RS OF NEW YORK et al. (Supreme Court, Appellate Division, Third Department. January 14, 1903.) Proceeding by the people of the state of New York, on the relation of the New York Central & Hudson River Railroad Company and the Skaneateles Railroad Company, against the Board of Railroad Commissioners of the State of New York, and Ashley W. Cole and others, as Railroad Commissioners of the State of New York, and being the members of said board, and the Syracuse, Skaneateles &: Moravia Railroad Company. No opinion. Determination of the Railroad Commissioners unanimously confirmed, with $50 costs and disburse ments against the relator to the respondent.

and 114 New York State Reporter

PEOPLE ex rel. PARKE-DAVIS & CO. v. MILLER, Comptroller. (Supreme Court, Appellate Division, Third Department. January 14, 1903.) Proceeding by the people of the state of New York, on the relation of ParkeDavis & Co., against Nathan L. Miller, Comptroller of the State of New York. No opinion. Determination of the Comptroller confirmed, with $50 costs and disbursements.

PEOPLE ex rel. RICE v. STURGIS, Com'r. (Supreme Court, Appellate Division, First Department. February 6, 1903.) Proceeding by the people of the state of New York, on the relation of Thomas F. Rice, against Thomas Sturgis, commissioner. No opinion. Motion denied.

PEOPLE ex rel. RUTHERFORD, Respondent, V. STEWART, Appellant. (Supreme Court, Appellate Division, First Department. January 9, 1903.) Proceeding by the people of the state of New York, on the relation of Francis M. Rutherford, against Perex M. Stewart, as superintendent, etc. W. B. Crowell, for appellant. A. S. Gilbert, for respondent. No opinion. Order reversed, with costs, ou the authority of People ex rel. O'Toole v. Stewart (decided Nov. 7, 1902) 78 N. Y. Supp. 473.

PEOPLE ex rel. VICARY v. KILLIAN. (Supreme Court, Appellate Division, First Department. February 20, 1903.) Proceeding by the people of the state of New York, on the relation of Elsie Vicary, against Frederick Killian. No opinion. Motion granted, with $10 costs.

PEOPLE ex rel. HARDING v. COLLIER et al. PEOPLE ex rel. NEAL v. SAME. PEOPLE ex rel. SIMS v. SAME. PEOPLE ex rel. WILLS v. SAME. (Supreme Court, Appellate Division, Second Department. January 9, 1903.) Separate proceedings by the people of the state of New York, on the relation, respectively, of John M. Harding, of Alexander Neal, of Michael J. Sims, and of William H. Wills, against William Miller Collier and others, constituting the State Civil Service Commission. No opinions. Orders affirmed, without costs, on the authority of Matter of Blust v. Collier, 62 App. Div. 478, 70 N. Y. Supp. 774.

PETCHAFT, Respondent, v. ROSENBLUM, Appellant. (Supreme Court. Appellate Division, First Department. February 6, 1903.) Action by Bernard Petchaft against George Rosenblum. H. M. Marks, for appellant. S. Friedlander, for respondent. No opinion. Order affirmed, with $10 costs and dis

bursements.

PIKE, Appellant, v. HOLBROOK, Respondent. (Supreme Court. Appellate Division, First Department. February 20, 1903.) Action by Charlotte G. Pike against Louisa R. Holbrook, as administratrix. G. W. Miller, for appellant. T. H. Silkman, for respondent. No opinion. Judgment affirmed, with costs.

PLATE, Respondent, v. BLUMENFELD. Appellant. (Supreme Court, Appellate Division, Second Department. January 16, 1903.) Action by Bernhard Plate against "Beny" Blumenfeld, the said name "Beny" being fictitious, his true Christian name being unknown to plaintiff. No opinion. Judgment unanimously affirmed, with costs.

PLUMMER, Respondent, v. INTERNATIONAL POWER CO., Appellant. (Supreme Court, Appellate Division, First Department. January 23, 1903.) Action by John F. Plummer against the International Power Company. P. G. Bartlett, for appellant. J. R. Dos Passos, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

PORTER v. INTERNATIONAL BRIDGE CO. et al. (Supreme Court, Appellate Division, Fourth Department. January 30, 1903.) Action by Peter A. Porter individually and as grantee, etc., against the International Bridge Company, the Grand Trunk Railway Company of Canada, and others. No opinion. Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted. Questions to be certified to be settled before Mr. Justice Spring upon two days' notice.

POWDERLY v. SOOYSMITH et al. (Supreme Court, Appellate Division, Third Department. January 23, 1903.) Action by James Powderly against Sooysmith & Co. No opinion. Motion denied, without costs.

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PRINZ, Appellant, v. CITIZENS' INS. CO., Respondent. (Supreme Court, Appellate Division, Second Department. January 30, 1903.) Action by Henrietta Prinz against the Citizens' Insurance Company. No opinion. This case has been submitted upon the assumption that the record contains all the evidence, although there is no certificate to that effect. In order that this omission may be supplied, the decision of the case will be deferred to enable counsel to insert the proper certificate.

QUACKENBOSS v. GLOBE & RUTGERS FIRE INS. CO. (Supreme Court, Appellate Division, First Department. January 16, 1903.) Action by George W. Quackenboss against the Globe & Rutgers Fire Insurance Company. No opinion. Motion denied, with $10 costs.

RAGEN et al., Respondeuts, v. DUNDON, Appellant. (Supreme Court, Appellate Division, Fourth Department. January 13, 1903) Action by John Ragen and others against Edward A. Dundon. No opinion. Judgment and order affirmed, with costs.

RAYNOR, Appellant. V. PRUDENTIAL INS. CO. OF AMERICA, Respondent. (Supreme Court, Appellate Division. Second De partment. January 9, 1903.) Action by Ellen A. Raynor against the Prudential Insurance Company of America. No opinion. Motion granted.

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RIVERSIDE BANK v. JONES. (Supreme | Mix and Leonard, are liable; that the circular, Court, Appellate Division, First Department. Exhibit 8, received as against Mix, was comJanuary 9, 1903.) Action by the Riverside Bank petent as evidence of the contents of similar against W. Martin Jones. No opinion. Motion advertising matter, which Mix testifies he had denied, with $10 costs. sent out, which advertising matter does not appear to have been sent out subsequent to the transactions had with the plaintiff and her assignors.

ROBERTS, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. January 16, 1903.) Action by Josephine M. Roberts, as administratrix, etc., of Mortimer Roberts, deceased, against the City of New York. No opinion. Judgment and order unanimously affirmed, with

costs.

ROEHR et al., Respondents, v. WEAVER, Appellant. (Supreme Court, Appellate Division, Second Department. January 16, 1903.) Action by Edward H. M. Roehr, John T. McGovern, and Samuel W. Maguire against George C. Weaver. No opinion. Judgment of the Municipal Court affirmed, with costs.

ROSE, Respondent, v. THOMAS, Appellant. (Supreme Court, Appellate Division, Second Department. January 9, 1903.) Action by John B. Rose against Hugh Thomas. No opinion. Order affirmed on argument, with $10 costs and disbursements.

RUDTKE, Respondent, v. ROSEFF, Appellant. (Supreme Court, Appellate Division, Second Department. February 11, 1903.) Action by Valentine Rudtke against Samuel Roseff. No opinion. Judgment of the Municipal Court affirmed, with costs.

SAUNDERS, Plaintiff, v. ROCHESTER RY. CO., Defendant. (Supreme Court, Appellate Division, Fourth Department. January 20, 1903.) Action by Eleanor G. Saunders against the Rochester Railway Company. No opinion. Plaintiff's exceptions overruled. Motion for a new trial denied, and judgment ordered for the defendant upon the nonsuit.

In re SAYLES. (Supreme Court, Appellate Division, First Department. February 13, 1903.) In the matter of Whipple A. Sayles. No opin

ion. Motion dismissed, with $10 costs.

SCHIFFMANN, Respondent. v. CASTAGNETO, Appellant. (Supreme Court, Appellate Division, Second Department. January 16, 1903.) Action by Harry Schiffmann against Marie Castagneto. No opinion. The motion for leave to withdraw the appeal granted upon condition that the appellant pay the costs of the appeal; otherwise the judgment is affirmed, with costs.

SCHMARDER, Respondent, v. MIX, Appellant. (Supreme Court, Appellate Division, Fourth Department. January 27, 1903.) Action by Barbara Schmarder against Charles W.

Mix.

PER CURIAM. Judgment and order affirmed, with costs. Held, that the defective allegations of the complaint were cured by amendment properly made upon the trial; that upon the case made by the plaintiff the defendants,

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and 114 New York State Reporter

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SIMONSON, Appellant, V. HOES, Public Adm'r, Respondent. (Supreme Court, Appellate Division, First Department. February 20, 1903.) Action by Lucia Simonson against William M. Hoes, public administrator, etc. E. Frayer, for appellant. F. W. Arnold, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs to abide event.

SISSON, Respondent, v. IRISH, Appellant. (Supreme Court, Appellate Division, Fourth Department. January 20, 1903.) Action by William G. Sisson against George J. Irish. No opinion. Order affirmed, with $10 costs and disbursements.

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SMITH, Appellant, v. MUNTER, Respondent. (Supreme Court, Appellate Division, First De partment. January 9, 1903.) Action by James Smith against Joseph R. Munter. W. R. HIL, for appellant. H. W. Unger, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

SMITH, Respondent, v. SAMPSON et al., Appellants. (Supreme Court, Appellate Division, Second Department. January 16, 1903.) Action by William J. Smith against John S. Sampson and Henry W. Meyer. No opinion. Judgment of the Municipal Court affirmed by default, with costs.

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Defendants (NEW YORK CENT. & H. R. R SNIFFIN, Respondent, v. MURRAY et al. CO., Appellant). (Supreme Court, Appellate Division, Second Department. February 11, 1903) Action by William H. Sniffin against Patrick J. Murray, Louis Munzinger and others, and the New York Central & Hudson River Railroad Company. No opinion. Order affirmed, with $10 costs and disbursements.

SOKOLSKI, Respondent, v. BUTTENWIESER, Appellant. (Supreme Court, Appellate Dvision, First Department. January 23, 1903) Action by Ray Sokolski against Joseph L. Battenwieser, impleaded. H. W. Unger, for appellant. E. W. S. Johnston, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

SPEAR, Appellant, v. AMERICAN SERV ICE UNION, Respondent. (Supreme Court. Appellate Division, Second Department. January 23, 1903.) Action by Maude E. Spear, executrix, etc., of Arthur H. Spear, deceased, against the American Service Union. No opinion. Motion denied.

SPIER v. HYDE. (Supreme Court, Appellate Division, First Department. February 13, 1903.) Charles L. Hyde. No opinion. Motion denied. Action by Charles L. Spier against

R. CO., Respondent. (Supreme Court. Appellate SPRAGUE NAT. BANK, Appellant, v. ERIE Division, Second Department. January 9, 1903. Action by the Sprague National Bank against the Erie Railroad Company. No opinion. Judg ment and order affirmed, with costs. See 57 N. Y. Supp. 844.

STAFFORD, Respondent, v. STAFFORD, Appellant. (Supreme Court, Appellate Division Fourth Department. January 6, 1903.) Action by Delia W. Stafford against Jenny K. Stafford. No opinion. Judgment affirmed, with costs. DAVY, J., not voting.

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