JOHN A. LOWERY et a'. v. THE CITY OF UTICA et al.

Order reversed, with ten dollars costs and disbursements, without prejudice to a new motion. (Following Matter of Wadley, 29 Hun, 12; Dryer v. Brown, 30 N. Y. State Rep., 48.)

ALEXANDER MCKINLEY, Resp't, v. NELSON LADD, App'lt

Order reversed, with ten dollars costs and disbursements.

G. POMEROY KEESE et al., Resp'ts, v. THE COOPERSTOWN & CHARLOTTE VALLEY R. R. Co. et al, App'lts.

Order affirmed, with ten dollars costs and disbursements.

JAMES B. JENKINS et al., Resp'ts, v. DANIEL STUBER et al., App'lts. Order affirmed, with ten dollars costs and disbursements.

CHLOE M. PARSONS et al., App'lts, v. Lucy M. SARGENT, Impl'd, Resp't. Judgment affirmed, with costs. MERWIN, J., not sitting.

EMMA A. HOWARTH, Resp't, v. JOHN H. HowARTH, Adm'r, App'lt. Judgment affirmed, with costs.

JOSEPHINE SIMMONS, Adm'rx, et al. v. THE CITY OF SYRACUSE et al., App'lts. Judgment reversed as to the city of Syracuse, upon the exceptions, and a new trial ordered, with costs to abide the event. (Following 49 Hun, 322; 17 N. Y. State Rep., 559; 56 Hun, 196; 31 N. Y. State Rep., 110.) Judgment as to the other defendants affirmed, with costs.

JAMES P. OWEN, Resp't, v. THOMAS C. EVANS, App'lt.

Judgment and order reversed on the exceptions, and a new trial ordered, with costs to abide the event. Held, question of ownership of the cause of action should have been submitted to the jury.

MARGARET LINEER, Resp't, . THE CITY OF ELMIRA, App`lt.

Judgment and order affirmed, with costs.

ARCHIBALD FARR, Resp't, v. JOHN P. NICHOLS, Impl'd, App'lt.

Judgment affirmed, with costs.

IN THE MATTER OF THE PETITION OF H. I. HAMILTON FOR THE APPOINTMENT OF HERSELF AS THE GENERAL GUARDIAN OF THE PERSONS AND ESTATES OF FRED J. HAMILTON AND JOHN D. HAMILTON.

Decree of the surrogate of Onondaga county affirmed, with costs.

GEORGE J. WEST, Resp't, e. WILLIAM C. DOANE, App'lt.

Judgment affirmed, with costs.

JOSEPH H. LANSING et al., Resp'ts, v. HENRY L. RICHARDS, App'lt. Judgment of the county court of Otsego county affirming a judgment of a justice's court affirmed, with costs.

THE MERCHANTS' NATIONAL BANK OF BINGHAMTON, Resp't, 2. THE DORAN & WRIGHT CO. (limited), App'lt.

Judgment and order aflirmed, with c. sts.

THE SAVINGS BANK OF UTICA, Resp't, e. JOHN P. NICHOLS, Impl'd, App'lt. Order modified by striking therefrom so much as awards an attachment, and as modified aflirmed, without costs to either party.

SAME . SAME.

Mo ion to dismiss appeal denied, with ten dollars costs.

JEREMIAH CALLAGHAN, Resp't, v. THE N. Y. C. & H. R. R. R. Co. AND THE DELAWARE, LACKAWANNA & WESTERN R. R. Co., App'lts.

Judgment and order affirmed, with costs.

ANDREW B. MILES, JR., App'lt, v. WILLIAM H. REESE, Resp't. Order of Jefferson county court reversed, with costs, and motion for a new trial denied, and judgment ordered for the plaintiff upon the verdict.

HARRISON WILKIN, Resp't, v. THE TOMPKINS COUNTY CO-OPERATIVE FIRE INSURANCE Co., App'lt.

Judgment and order affirmed, with costs.

GEO. H. STILLWELL, as Superintendent of the Poor of the county of Schuyler, Resp't, v. MICHAEL A. KENNEDY, as Overseer of the Poor of the city of Elmira, App'lt.

Judgment and order affirmed, with 'costs.

MARIA ARMSTRONG, Resp't, v. THE GERMANIA FIRE INS. Co., App'lt. Judgment affirmed, with costs.

MALVINA YOUNGS, Resp't, v. THE VILLAGE OF OSWEGO FALLS, App'lt. Judgment and order affirmed, with costs.

GEORGE J. MAGEE, App'lt, v. THE VILLAGE OF WATKINS et al., Resp'ts. Order modified by striking therefrom so much thereof as allows stenographer's fees, and as modified affirmed, without costs to either party on this appeal. (See § 3251 of the Code of Civil Procedure.)

ANTOINETTE JOHNSTON, App'lt, v. EPHRAIM J. NICHOLS et al., Resp'ts. Judgment of the Delaware county court reversing a justice's judgment affirmed, with costs.

GEORGE WILLIAMS, Resp't, v. THE UTICA & BLACK RIVER R. R. Co., App'lt. Judgment and order affirmed, with costs.

EDGAR E. FROST, App'lt, v. MARY J. FROST, Resp't.

Order modified so as to allow for expenses, $200; and as modified affirmed, without costs to either party upon this appeal.

SAME v. SAME.

Order refusing to reduce alimony affirmed, without costs to either party. ISAAC SCHELL et al., Resp'ts, v. BRAYTON BROWN, App'lt. Judgment of the county court of Jefferson county affirmed, with costs.

ELIZA DIKE, App'lt, v. WILLIAM K. KILBOURN, Resp't.

Judgment and order reversed on the exceptions, and a new trial ordered, with costs to abide the event. Held, that it was a question of fact for the jury whether defendant obtained or held possession of the premises in question under or by virtue of any valid agreement with the plaintiff; and also whether the agreement or consent were invalid by reason of fraud, want of capacity in plaintiff, or want of delivery or consideration therefor.

EDMUND HOWES, App'lt, v. THOMAS J. CULVER, Resp't. Judgment of the county court of Delaware county affirming a justice's judg ment affirmed, with costs. Opinion per curiam filed with the clerk of Broome county.

JOHN Q. SMITH, App'lt, v. THE CITY OF SYRACUSE et al., Resp'ts. Order affirmed, with ten dollars costs and disbursements.

THE PEOPLE v. BARR.

Motion denied, without prejudice to application to the court of sessions. GENERAL TERM-FIFTH DEPARTMENT.

Filed June 19, 1890.

ANNIE F. LEIBLE, Resp't, v. ADRIAN W. FELLOWS, Rec'r, etc., App'lt. Judgment modified by adding to the amount of the advances made by Henry J. Ernst, and directed to be paid to Fellows as receiver before division of the fund in court, the amount of the interest on such advances respectively from the dates of their several payments; and by deducting one-third of such added amounts from the sum directed to be paid to each of the parties between whom the balance of the fund is divided; and so modified, affirmed, with costs of this

appeal to the appellant Fellows as receiver against the respondents Henry J. Ernst and Nelson O. Tiffany.

ANNA B. HALL, App'lt, v. JAMES F. GERMAIN et al., Impl'd, etc., Resp'ts. Order appealed from affirmed, with ten dollars costs and disbursements.

IN THE MATTER OF WIDENING HAND STREET IN THE CITY OF ROCHESTER (CITY OF ROCHESTER, App'lt; GEORGE S. RILEY, Resp’t).

Order appealed from affirmed, with ten dollars costs and disbursements. Held, that the question raised by this appeal was passed upon in this proceeding reported in 52 Hun, 206, 212; 23 N. Y. State Rep., 43.

THE PEOPLE ex rel. THE KEYSTONE GAS CO., Resp't, v. GEORGE MARTIN et al., as Assessors of the Village of Olean, et al., App'lts.

Judgment appealed from affirmed in accordance with the former decision of this court in the same case.

SIDNEY S. CROSS, as Trustee, etc., Resp't, v. THE NATIONAL FIRE INS. CO. OF THE CITY OF NEW YORK, App'lt.

Judgment and order appealed from affirmed.

JAMES MCGUIRE, Resp't, v. CHARLES M. REED, App'lt.

Order appealed from affirmed, with ten dollars costs and disbursements.
(CORLETT, J., not sitting.)

MARCUS W. MORTON, App'lt, v. DAVID WOLFF, Resp't.
Order appealed from affirmed, with ten dollars costs and disbursements.
THOMAS C. FROTHINGHAM et al., App'lts, v. DAVID WOLFF, Resp't.
Order appealed from affirmed, with ten dollars costs and disbursements.

WILLIAM KLEIN, Resp't, v. WOLFGANG MILLER, App'lt.

Judgment of the Erie county court affirmed, with costs.

WILLIAM H. UPSON, Resp't, v. JOHN CHADWICK, App'lt. Judgment of the county court of Niagara county affirmed, with costs. MARTIN D. CHASE, Resp't, v. THE WARSAW WATER WORKS Co., Applt. Order appealed from affirmed, with ten dollars costs and disbursements.

FREDERICK THOMAS, Resp't, v. FREDERICK KRUEGER, App'lt. Orders appealed from affirmed, with ten dollars costs and disbursements.

ROBERT P. RUSSELL, App'lt, v. Nelson RandALL, Resp't.

Memorandum of decision amended so as to read as follows: Order appealed from reversed on a question of law, with ten dollars costs and disbursements, without prejudice to the defendant's renewal of the motion for a new trial on the ground of newly discovered evidence on a case made and settled for that purpose. Order entered to be amended accordingly.

BARTHOLOMEW FETES, Resp't, v. ADELAIDE VOLMER, Impl'd, etc., App'lt. Motion for stay of proceedings pending appeal denied, without costs, on condition that the property be offered for sale at an upset price of $12,000.

IN THE MATTER OF THE APPLICATION OF THE TRUSTEES OF OLEAN TO APPRAISE LANDS OF JOHN J. STEYNER et al. FOR STREET PURPOSES, Motion to dismiss appeal denied.

IN THE MATTER OF THE PETITION OF CYNTHIA D. ROOD TO REVOKE THE PROBATE OF THE LAST WILL AND THE CODICILS OF LYMAN SOULE, Deceased.

Decree of the surrogate of Cayuga county affirmed, with costs of the respondent to be paid out of the estate.

NEW YORK COMMON PLEAS-GENERAL TERM.

Filed June 2, 1890.

JAMES MACLAURY, as Trustee, etc., Resp't, v. A. BLOOMER HART et al., App'lts. LARREMORE, Ch. J.-The opinion filed by Judge Allen upon granting the injunction states reasons, more than sufficient, why the defendants should be restrained from further proceedings until after the trial and final judgment. The order should be affirmed, with costs.

BOOKSTAVER, J., concurs.

(Reversed by court of appeals, 31 N. Y. State Rep., 939.)

WERFELMAN 2. THE MANHATTAN R'WAY CO.

JOHNSTON v. SAME.

Judgment in both actions reversed, new trial ordered, costs to abide event. Opinion by LARREMORE, Ch. J. (Re-argument ordered.*)

RAMSAY v. BARNES.

Re-argument ordered. Mem. on papers.

NATIONAL UNION BANK v. REED.

Re-argument ordered. Opinion by DALY, J., and LARREMORE, Ch. J.
Filed June 26, 1890.

THE PEOPLE v. ANTOINE OTT et al.

Motion to vacate judgment entered on forfeited recognizance. Motion granted.

TONY K. BENESCH v. THE JOHN HANCOCK MUTUAL LIFE INS. Co. Motion for re-argument granted.

JOHN A. MAEHADO, Resp't, v. ORLANDO E. BRADFORD, App'lt. Appeal from judgment of the eleventh district court.

Judgment affirmed, with costs.

ISAAC CHERNOWSKY, Resp't, r. EURICO VOLPIN, App'lt.

Appeal from judgment of the fifth district court.

Judgment affirmed, with costs.

THE MAYOR, ETC., OF NEW YORK, Resp't, v. THOMAS SMITH, App'lt. Appeal from judgment of the third district court.

Judgment affirmed, with costs.

THOMAS O'HAIRE, Resp't, v. ROBERT WILSON, App'lt.

Appeal from judgment of the tenth district court.

Judgment reversed, with costs.

THE NEW YORK JUVENILE ASYLUM, Resp't, v. PAUL CAIRE, App'lt. Appeal from final order of the eighth district court.

Order affirmed, with costs.

CHARLES F. LEVY, App'lt, . IGNATZ KOHN, Resp't.

Appeal from judgment of the seventh district court.

Judgment reversed, with costs to plaintiff and appellant to abide the event. Order of interpleader vacated and proceedings remitted to the district court.

MORITZ KOHN, App'lt, v. BERMAN REISS, Resp't.

Appeal from judgment of the fourth district court.
Judgment aflirmed, with costs.

SAMUEL BROWN, App'lt, v. ED. D. LOWE, Resp't.

Appeal from judgment of eighth district court.
Judgment affirmed, with costs.

* See 32 N. Y. State Rep., 682, 695.

NEW YORK SUPERIOR COURT-GENERAL TERM.

Filed May 5, 1890.

HARNETT v. WESTCOTT, as Pres't.

Motion for re-argument granted upon defendant paying costs of motion, (FREEDMAN, J., dissenting.)

SAMUEL G. BROWN, App'lt, v. EMIL NEY et al., Resp'ts.

PER CURIAM.-None of the exceptions taken by the plaintiff appear to be tenable. The issues were fully and fairly submitted to the jury under a charge to which no exception was taken, and no reason appears for a disturbance of the verdict.

The judgment and order should be affirmed, with costs, on the opinion delivered by the trial judge on denying plaintiff's motion for a new trial.

Filed June 27, 1890.

ALBERT NOLTE, Resp't, v. THE MANHATTAN R'WAY Co., App'lt. FREEDMAN, J.-The record discloses no error which, under all the circumstances, constitutes ground for reversal, nor can it be held that the verdict is excessive.

The judgment and order should be affirmed, with costs.
TRUAX, J., concurs.

LUCIEN BARNES, Resp't, v. JAMES R. KEENE, App'lt.

PER CURIAM.-Upon the whole case no error appears which constitutes ground for reversal, nor can it be held that the verdict is excessive. The judgment and order should be affirmed, with costs.

ROBERT J. IRWIN, App'lt, v. EDWARD M. BROWN et al., Resp'ts.

PER CURIAM.-The order should be affirmed, with ten dollars costs and disbursements.

GEORGE W. WHITE v. MARY REED, as Executrix, etc., et al.

PER CURIAM.-The order should be re-settled so as to read as follows: "with costs to the appellants to abide the event, and in case the plaintiff should finally succeed in the action, such costs are to be set off against any judgment which may be recovered against the defendants, or either of them, by the plaintiff in this action."

JOHN PETERSEN, App'lt, v. JOHN SWAN, Resp't. PER CURIAM.—The judgment should be affirmed, with costs. See 53 N. Y. Superior Ct. R., 151.

Motion must be denied.

POWERS v. SILBERSTEIN.

Filed June 30, 1890.

THE NEW YORK LIFE INS. Co. v. JAMES AITKIN, as Ex'r.

PER CURIAM.-The plaintiff's exceptions are overruled and judgment is ordered for the defendant, with costs, on the opinion of the trial judge.

Filed July 8, 1890.

JOHN TOWNSHEND, Pl'ff, v. CATHERINE J. MCGUIRE et al., Def'ts.
JOHN TOWNSHEND, Pl'ff, v. EDWARD V. LOEW et al., Def'ts.

PER CURIAM.-The exceptions taken by the plaintiff are overruled and judgment is ordered for the defendants on the verdict, on the authority of Townshend v. Frommer, 57 Super. Ct., 90; 25 N. Y. State Rep.. 358, with costs.