The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-06
APPELLATE COURT DECISIONS.
Complete List Handed Down by
First DEPARTMENT Division.

The following decisions were handed
down yesterday by the Appellate d.
vision, First Department
Isldore d. Morrison appellant, VS. Kate
| Steinberg and another impleaded, re-
spondentH Judgment reversed and judy
ment ordered for plaintiff as directed In
complaint with costs opinion by Nc
Laughlln, J. Settle order on notice
Michael Dunn, Jr.. an infant. respondent,
and order R td4msd S Sa. pnens
by Hotchkiss. j., Ingraham, p. J., and Nc
Lagshlin. J, mclaughlin, J" dissentins).
First National Bank Of High Bridge,
n. j., respondent, VS. Charles I. Hudson
ct al, appellants. Judgment reversed with
| costs and complaint dismissed with costs.
/ opinion by Mclaughlin. J. order hed
United States Asphalt Refining Com.
peny. appellant, W.. Compton National
ment and orders affirmed with costs
/ opinion by Laushlin, J. order nled.
-. Alfred Peats company. respondent. vs.
/ Frank Bradley and another. appellants.
Judgment reversed and complaint dts
missed With costs opinion by McLaush-
/ lin. J. Settle order on notice.
Elizabeth s. Hatton. respondent. We.
George ID. Cook. appellant. Judgment and
order reversed, new trial ordered costs
TO appellant 10 abide event. opinion by
Mclaughlin, J. order nled.
Hannah sullivan, respondent vs.. Thomas
Rosson ct al. james y March, appellant.
\
disbursements to appellant Opinion by
Lsughlln, J. nnstahem, p. J.. and bowl
Ing, j., dlsssntinE). Settle order on notice.
/ Seamau's Rank for Savings. respondent.
, -. j. Hadley Mccullough ct al. appellants.
. Judgment affirmed with costs opinion by
. Mclaughlin, J. order dled.
Farmers Loan " Trust Co. respondent.
vs.. Tasker Polk, indy, SC, Maria {. NJ.
De fiOr.s and an9',her, appellant Iuds.
/ Laushlin. j order 1ei
Baseball Players Fraternity. Inc. APP
! pellant vs.. Boston American Lengue base
( ball club. respondents judgment reversed.
new trial ordered, costs to appellant 10
abide event. Opinions BY LaushlIn and
. Mclaughlin. IL, and insrahAm. T. j
/ mclaughlin and Bowling, u. dissentinel.
Jacob Zadek; plainun vs.. olds. wort
man 4 King. defendants Exceptions sus-
/ with costs to plaintiff to abide event
opinion by Hotchkiss. J. Settle order on
! notice.
city Of New York. plaintiff. VI. Ce1es.
/ tino De Marco and another. defendants
/ Judgment modified as directed In opinion.
and judgment ordered for plaintiff with
costs In accordance with opinion. Opinion
| by Laughlln, J. Settle order on notice
city. OF New York, respondent vs. Celes-
! hrmed, with costs No opinion. (fiotch-
kiss, J.. dissentingr order hled
Ellen FitEsimons as administratrix re.
fragment pSnqe and order anrmsa v RPe eo.1.
Opinion by Mclaughlin. J. order nled.
dent. vs.. Emma + Pope et al. respen.
dent appellant order reversed. with $40
motion for judgment granted, with leave
/ 20 defendant to withdraw demurrer and
10 HnswfT on payment al OF costs Opinion
Emil u. Abbott, respondent. ". George
l.e Provost 81 al 5 W sanford =
! trial ordered. costs 10 appellant to abide
| event opinion by Laughnn, }. order
In the matter Of Emma NJ Raymond
| deceased. Decree reversed and Issues or
S 5sFSS. to be tried IN c6 the sgPrse GGTr
payable out Of the estate. Settle order on
notice opinion per euriam s
Judgment and order reversed new trial
ordered. costs to appellant to abide event
Matter Of Harry Black relator, VS.. Ru.
dolph = Miller. superintendent, &C, and
| proceedings affirmed. with $50 costa and
di;sHrsemsn,' No opip,lon. order fied
spondent. vs.. Metropolitan Life Insurance
COMPANY. appellant, Judgment and order
| missed with costs. opinion by Hotch-
The city Of Yew YORK, appellant. Juds
| ment and order reversed. new trial or
dsTsd costs Ss TO to abide event
.,I B9r. Ton Thomson appellant " Jack
spondent. Judgment affirmed, with costs,
order hled.
The People, &c, respondent, Alfred
q. Dorschh. appellant Judgment re-
! versed and defendant discharged opin-
ion per curtain. settle order on notice.
chase Park Companug appellant. Juds-
ments and orders affirmed, with costs,
| No opinion. orders filed.
The People. &C. respondent, W. John J
Price appellant Judgment affirmed. No
lam Talbot appellant Judgment affirmed
Mary F. Kelly as sdministrAtriK, respon-
dent. W Pennsylyanis Tunnel Terminal
Railroad Company and Union Swithch 4
Armed. with costs as to defendant Penn
sylvania Tunnel Terminal Railroad Com
and complaint dismissed. with costs as TO
detendant Union switch & signal Com
pam nE u j. VdR iss.%tins a" to Fsnnsyi"snia
r EdLTsId H, Mccocl; respondent. VI. John
ment and order affirmed. with costs. No
men, and order affirmed, with costs, No
Roland r. Conknn. appellant, vs..
United ConstruGuon & supply Company,
COSTS Opinion D. By Bowling, j. order
na The Peops &C.. rs'Do"Ss9t; E' cSsrIs.
! order nled,
Martin boyle. respondent. VS. George A.
Fuller Company, appellant judgment and
order reversed new trial ordered costs 70
! curtain. order filed.
Jacob Fogel respondent, va. New York
Railway Company. appellant. Judgment
ion. order hled.
Alexander Enge and another, rsspon-
ana disbursements. Opinion by HOtch.
Barkin Construction Company, respon-
dent Edmund l.. Goodman and an
! other, appellants. Judgment and ord or
affirmed, with costs No opinion order
Med,
The People, 90, resPopdsnt.; vs.; Upton
No opinion. Order Med.
In the matter Of willard Parker Hos
ptal, Ctty OF New York. appellant. Con-
! solidated Gas Company OF New York re-
! spondent order affirmed, with costs.
OPLlnion by bowling, j. ordsr MED
respondent VS. Board Of Education Of the
city o. Now York, appellant order re-
versed. With 80 costs and disbursements,
| and motion denied with $50 costs, Opin-
ion by Hotchkiss ]. order hled.
Joseph T. McCaddon, respondent, vs..
Central Trust Company OF New York ap-
and Disbursements, and motion denied,
With so costs opinion by Scott, J.
Thomas Sanders Jr. appellant, Va.
| Kenneth 7. Barnaby, respondent order
! reversed with $40 costs and disbursements.
and motion denied, with $40 costs. opin-
| lon by scott, J order fled.
IA NE Ma "a 10