THE

MISCELLANEOUS REPORTS.

CASES DECIDED

IN THE

COURTS OF RECORD

OF THE

STATE OF NEW YORK

OTHER THAN THE

Court of Appeals and the Appellate Division of the Supreme Court,

INCLUDING THE APPELLATE TERM OF THE SUPREME COURT
FOR THE HEARING OF APPEALS FROM THE CITY COURT OF
THE CITY OF NEW YORK AND THE MUNICIPAL COURT OF
THE CITY OF NEW YORK; SPECIAL TERMS AND TRIAL
TERMS OF THE SUPREME COURT, CITY COURT OF
THE CITY OF NEW YORK, COUNTY COURTS
AND OF THE SURROGATES' COURTS, IN PUR-
SUANCE OF LAWS OF 1892, CHAPTER 598.

ROBERT G. SCHERER, REPORTER.

VOLUME XXIV.

ALBANY:

JAMES B. LYON, PUBLISHER.

1898.

Entered according to act of Congress, in the year one thousand eight hundred and

ninety-eight.

BY JOHN PALMER, SECRETARY OF THE STATE OF NEW YORK.

In trust for the benefit of the People of the said State, in the office of the Librarian of Congress, at Washington, D. C.

Rec Dec. 27, 1898,

JUSTICES OF THE CITY COURT OF THE CITY OF NEW YORK.

Appointed September 16, 1897, vice John Sedgwick, deceased. + Appointed October 8, 1897, vice William J. Osborne, deceased. Appointed January 1, 1898, vice Alton B. Parker, resigned. Appointed Chief Judge vice Van Wyck, J., resigned. Appointed January 1, 1898, vice Van Wyck, J, resigned.

** Also designated by the Appellate Division, First Department, to hold the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York, and The Municipal Court of the city of New York.

*** Designated pursuant to sec. 12, Art. VI, of the Constitution.

$ Appointed November 3, 1898, vice Augustus Van Wyck, resigned.

11 Appointed November 10, 1898, vice Manly C. Green, deceased.

A. T. Clearwater, resigned. § Appointed by the Governor, vice Andrew J. Lorish, deceased.