The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-08
APPELLATE COURT DECISIONS.
Complete List Handed Down by
First Department Division.

The following decisions were handed
down yesterday by the Appellate Divi-
sion. First Department
Charles Brock. appellant We. Ruel W.
Poor ct al. respondents. Orders reversed
with so costs and disbursements. motions
spondents to withdraw demurrers and TO
answer on payment Of costs In this court
and In the court below. Opinions by
Laughlin, J. orders hled
Jacob Rummell et al, appellants, vs..
Archibald blanchard ct al, respondents.
order affirmed with 80 costs and dis.
serve amended complaint on payment OF
costs In this court and in the court below.
OPINION by Hotchki.s. J. unsraham, Z. J..
and Mclaughlin. j.. dissenting) order
Anna J. Fulton. appellant Va Anna e
rt.pondent Judgment reversed to extent
indicated. with costs to appellant. and
Judgment directed az stated In opinion.
Opinions by Laughlin and Mclaughlin, u.
lMcLaughlin and Scott, il. dissenting
Settle order on notice.
North American Wall Paper Company,
respondent vs.. Jackson Construction Com
pany. Inc, implended. &C, appellant,
Judgment modified as directed in opinion.
Opinion by Laushlin. J. Settle order on
notice.
In the matter Of Samuel Dai.imer. de-
ceased. order reversed so far as appealed
from with so costs and disbursements and
appraiser report modified as indicated in
opinion. Opinion by Mclaughlin, J. Set
tie order on notice.
Isaac Leyison ct al. plaintiffs, va Iliinoi.
Sur'iy company 81 al, defendants ES-
cepl'ons ov.rruled and judgment directed
In favor Of plaintiffs on tho verdict with
costs Opinion by Lauehlin. J. Scott J.
dlss"ntlng on ground stated in memo)
settle order on notice.
s, TIE P'neu n.,,, appellant ". Louis
ycrsed and new trial ordered with costs to
appellant 70 abide event. Opinion by Nc
Laughlin. j. order fled.
Waisi company. respondent Determine
ton and Judgment reversed and new trial
ordered. with costs in all courts to appel
LIANT 20 abide event Opinion by Laushiin.
Hoeyel sandblas, Mach,n. Company. APP
pellant. Va. Herman r Hoevei 81 el.. re-
and disbursements and motion granted
with 80 costs opinion ny Mclaughlin
spondeni. vs. John j wl,sm g' snpp.,sn,
Judgment and order afrrmsd with cost.
oT,,niion hy Laushlin. j order filed.
'NleW u. stewart. appellant. We Leo
poil" Franchetu. respondent judgment
en- Spd oIgsT Sstrrr%.d osi,6 Sc.,, oSi"ion
William Slaviz, as admintstrator. Ac..
.s'r9ndsnt, ". wahiis 3 sonsin Company
costs. aud Judgment rcinsiated op,nion
oY HOT. H,9iehki.s' J Order ned.
w. n'ted state. Trust company. OF New
rleasan, Avenue Really company =; az,
,inr ,ad"d' win Andrew Smith ct al. ap.
opinion bv iaughNn. J. order flied,
co n"nfntt Non MeNcr. Individually and as
comm zee. e. rcSponfent, vs.. Katherin.
order reversed Wl.S 81 So.i, app" ahs AN an
hnr.enen ~, and motion granted, with SO
,0sts Win leave 10 plaintin TO serve an
amended complaint upon payment Of
Mc ,1 snnnSSi,,,2n'i Jdg45smSpt and order re
In the matter OF Alexander Thompson.
aeyeasri Order ami report ~ appraiser
moiaCd erl l"if''Sa ,H ~ opinion ant -
lon n' Mclaughlin. J. settle order on
Edna L rairveather, as sdmin,.,ra,-t,
g., respondent, ". John /. Sutphen 81
al. APp"lant. Judgment and order re-
Nersoi and new tria. granted, WITH costs
Mclaughlin. J. order fi'ed
The Eeor,' & .rcspondon's. vs. Law.
lcrsot ana rolat0r discharged Opinions
by M,Laush'in and Hotchki.s, il Set.
Assets Rsa.zatlon company. appellant,
70 Mercantile National Bank respondent
prdgf tulrm"i, Win costs. opinion by
ltAg nIiu. !. order nlel.
!, ,rh,adore w Sicmm'cr. respondent. vs.
6q lMr'I rcydr.oS Hs1 a,b Ga el appe,lag's
nur~ramcuts motion denied Win ia
costs 11t demurrer sustained, With leav.
10 p,"luwn TO- serve an ,amcnici com
court and IN the court below opinion by
"3 Mu'tiny < G 2raS5 q ln ,.,Do,,.
, NhInnt| surety Company. appolian,
order reversed, with costs. and Verde,
to,n-ia,ct opinion h. Hotchkiss, J
james !. Dury. appellant. vs. Long
Island Railroad COMPANY, respontert
Judgment reversed and new trial oriorcs
/ vim costs 10 appellant, 'oehide event.
opinion hl SCOTT \ order MED
Mary : hiamann, as Administrative &C
hppoI liant. Ns Michael \sugh'on. rcsn1n'
don't judgment reversed amt new trt,r
ordered. with costs 20 appellant. to ahi'ia
event opinions hy Clarke and Hot
NJ, ~ 'H"trhk!s- aui Mciaushlin.
. lJ. dissenting order Mod
waite" Melton, respondent. vs. uornr.
. lft'p, 'f - AL, appellants Judgment
aui "Idr' affirmed, with costs. 30 opiu-
ion. brdoT Ulcd. '''
Tho People, g., respondents vs. James
' Rri"n, appellant. Judgment affirmed
80 opinion. order illCt
b'ru'N Goldman. ro~pondeut. Vs Max
/ tou'n % A., appellants Judgment motl-
Nd as directed IN opinion and A. modinsi
/ anirmcd without costs opinion nv Hotrh.
/ kis-, a. tlngrahtm, l.. j., dissenting }
S,''.c order ON notice
The People. Sc, appellant. vs. Thomt
'u'', respondent order reversed and
case r'mlud"d 20 Court OF special Sc--
~ior-, with directions to pass Judgment