New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-05-02
STATE COURTS.
Appellate Division-First Department.


DECISIONS.
Wilcox Erie r r. Judgment affirmed with
costs. Opinions by Clarke J, and Insraham.
L J.
Re Joseph HAYES. decd. order reversed.
with $40 costs and disbursements and matter
RENTED 20 surrogate. as stated in opinion
Opinions by scott and Mclaughlin. u; In
graham. J, and Mclaughlin, ), dissenting.
Ferrari/NYC&HRRR Judgment ana order
reversed with costs and complaint dismissed
with costs opinion by Mclaughlin. J.
Moran Mayer. etc. impld. Judgment modified
as stated ia opinion ana as modihed affirmed
without costs. opinion by Mclaughlin, J.
Nassau Hotel CO/Barnett d Barse Corp'n.
imp,d. etc order affirmed, With SO costs and
disbursements. with leave TO defendant 10 with
draw demurrer and 20 answer on payment Of
costs In this court and in the court below.
Opinion by Mclaughlin. J.
Haines Twelfth Ward Bank. Judgment re
versed. with costs. and complaint dismissed
upon the merits, with costs. opinion by
Raferty/J Carter ct al. order reversed, with
$40 costs and disbursements, and motion
granted as stated in opinion. with $40 costs.
' co'eman & Krause1City Of New York ct al.
defts Brady x Co e al. judgment modified
as directed In opinion and as modified affirmed
with costs 10 appellants. opinion by DOW
New York Produce Exchange Bankn2;h
Ward Bank. Judgment and order reversed
and new trial ordered. win costs costs 10 appellant
to abide event. opinion By McLausnun' J.
Anton Peterson Henry Alton. impld. etc
Judgment reversed and new trial ordered,
with costs 20 appellant, 10 abide event opln-
The People. o.c/Louis Streicher and David
Taffet judgment reversed and new trial
ordered. opinion by scott, j. $500
Finkelstein/ Pune. Determination aHrheo
samuel Katz. infant. etc Board of Educa-
ton. etc. implicated, etc. Juogmehl re-
yereed and new trial ordered with costs 70
appellant 20 abide event. Opion by NC
NrSreies Clyde SIS. Determination and
judgement reversed and new trial ordered
with costs TO appellant TO abide event. Op!h-
People ex rel James RenyIJoseph John;
son as Fl-e Comm Writ dismissed and
PROCEEDINGS affirmed with so costs and dis
DUtassyINaHory S. order reversed with
SO costs and disbursements and demurrer
overruled with SO costs, with leave 10 PLAIN.
tiff to withdraw demurrer on payment OF
costs in this court and in tho court below.
Opinion by Mclaughlin. J.
Theue/DM. Determination affirmed with
TheneU-aited Gas & Electric Corp. De-
termination affirmed with costs.
Allen-Klugston Motor Car Co/Nilliam Q
Allison ct AL irnpleaded. etc. Judgment and
order reversed with costs and complaint
dismissed with costs opinion by Scott. J.
Duke/American Museum Of Natural HIS
tory. Judgment and order affirmed with
Ihe People etc/David Levitsn and Louis
Lcyitan. Judgment affirmed.
Goldberg, etc/Peoples surety Co Of y,
implicated etc. Judgment affirmed Win
costs Opinion by Clarke, !.
smith FinkeIstein 81 al. judgment re
vcrsed and complaint dismissed with costs.
opinion bv Mc-auElin j. .-,- -.
Robinson /C..rr 5. 60 ~ Savannah, Ga.
Judgment rerfr. NJ with costs and demurrer
orerruled wish COSTS. with leave 10 plaintfs
go withdraw demurrer on payment OF said
costs Opinion by Scott. j.
Parker ct al. as voting trustees, etc nlver-
sal Film Manufacturing Co ct al. impld, etc
Order affirmed. with $40 costs and disburse-
ments. with leave to defendants to withdraw
demurrers and 10 answer on payment OF costs
IN this court and In the court below.
impld with Alexander NJ White ct al-Juds-
ment and order affirmed with costs on opin-
ions Of Cafoozo, J, at Special Term. ia
Sills CO al/Erie r R-Order ailTmeo, WIN
In the matter OF opening Tibbett and Cor
lear aVes-Order reversed with SO costs and
disbursements and matter referred back 20
Commissioner OF Assessment as stated In
opinion Opinion by .Seott. j. c,.,. -, Van
york-Juigment and order affirmed, with costs
Wiener Mayer ct al. implicated. etc-Judg-
mert and order reversed. win costs costs 20 ga
pellant 20 abide event, and new trlal ordered
as stated IN opinion. Opinion by Bowling, J.
Reinert LIIlmidt-Judsment affirmed with
Farley. state Cornmr Of Excise /Buttner. I'm
pleaded ETC. rder affirmed, with costs 49,
Wibert Miller ir-Order affirmed with $40
costs and disbursements. with leave 10 de-
PENDANT TO withdraw demurrer and to answer
ON payment Of costs.
The PEOPLE. eie/Cuarles y IlHhilCy y NJ
caceiois illinois Surety Co. impleaded, etc
judgment affirmed with costs
Theresa Senior. an inftnt/The sun Printing
and Publishing Assn-Order reversed, with Sl0
costs and disbursements and motion granted
with SO costs. with leave 20 defendant 20 with
draw demurrer ana TO answer on payment OF
said costs. opinion per Curtain. (Scott ana
bowling JJ. dssenting)
Equitable Life Assurance Society OF me ~
Union Pacific R-Order affirmed, win SIO
costs and disbursements. Opinion oy Clarke, j.
Peouie ex rel Renlich/NaldO as Police COM
missioner. etc order affirmed with COSTS
Orulon by Hotchkiss. J.
Cshul CITY Of New York Judgment a1lrmeu
with costs. Clarke. j. dissenting)
Elizabeth J Atkins as extx &c ct eIIrow-
al petitioners &C order reversed WIN sIV
co.ts and disbursements and motion granted
vim $40 costs opinion by Clarke, j..
Dadlsiaus Farage/New York RVS Co sig
mind Potter order modified as directed IN
ooinion ana as modified affirmed. Opinion per
In the matter OF IN. Springfield. T. Gene
terry Society ct aDThomas GliIerah c.,
order affirmed with costs. Opinions by ScqI'
and Bowling, u. Dowllng and Hotchkiss' j.
wet 81 al. az receivers &c/Guaranty Trust
Co ~ y Y q al impd with southern II %
Order reversed. with so costs and disourse-
rnents and motion denied win $40 costs OpIl-
80 b,. Hofchlc'ss T. and lngraham. p j.
y e y CoUnglis " Uppercu. impld. Orde,
reversed with $40 costs and disbursements ana
motion granted. opinion per curlah -o o.
In he matter Of ARcstino X MontegrHo IT.
an attornev Referred 20 official referee
Il, ito matter 0s Isaac Wen, an attorney
Referred TO official referee.