The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-23
APPELLATE DIVISION DECISIONS.
Complete List minded Down Nestcr-
day by the First Department..

The following decisions were handed
down yesterday by the Appellate Division,
First Department
William J. spain, respondent, VS.. James
Talcott. appellant. Judgment modified ts
indicated In opinion, and 's modified ar
nrmed without costs Opinions by Scott AMI
Bowling. IL tDo~ling. j, dissentlnEl. Set
tie order on notice.
People OK rel Importers & Traders Nn-
tional Bank. appellant. vs. LAWSON Purdy ct
al, respondents Reargument ordered.
Abram Morris and another. respondents,
vs. Ferdinand Calm and another, apo llants.
Judgment affirmed with COTS No opinion.
order fled.
Ferdinand calm. appellant vs.. Abram
Morris and another. respondents. Judgment
affirmed with costs. No opinion. order
filed
charles Gerbino. an infant. respondent, ~.
Gr,enhut -Siegel- Cooper Company. appellant
Judgment and order affirmed with costs.
opinion by Lsughlln, J. order hlcd
Mas Sprtzer, appellant. vs. Elizabeth
AhoRrn. respondent. judgment reversed,
new trial ordered. costs to appellant to abide
event opinion by Scott. J. settle order on
Patrick Rcddy. respondent. vs. Milton NJ
SNverman ct a., appellants judgment and
order affirmed with costs No oplnion. or
der nied.
Louis sherry. appellant, vs. Arthur y
Proal respondent. Judgment and order AZ
hrmed with costs No opinion. order Med.
Fitzroy darcy as admr, appellant. W.
InterborouRh Rapid Transit Co, respondent.
Judgment reversed, new trial ordered, costs
to appellant 10 abide event Opinions by
Scott and Mclaughlin, il. Gngraham, p j.
and Mclaughlin. j.. dissenting. Settle
order on notice.
Harry Levi. respondent vs. samuel "
Hoss and another, appellants. judgment
and order reversed, new trial ordered. costs
to appellant to abide event on the ground
that the verdict was against the weight Of
evidence. Settle order on notice.
The People Sc, respondent, IS Josef Won
order der affirmed. 30 opinion. order Med
People eN rel Joseph =. Hook. rel. ~.
Rhinelander Waldo as Commissioner. re-
affirmed with $50 costs and disbursements.
No opinion order hled.
Charles r. Yuengling. respondent W.
Elevator supply Repair Co, appellant.
Judgment and order reversed, new trial or
dered. costs to appellant to abide event
George f. Bessler. appellant. vs.. Clarence
Il Henner' 'Sspv",;,.ii.;, lGGlS,n""e, t"'med'
IsIdor Roth. aplt.. vs.. the Tribune Assocla-
ton. respondent. judgment reversed and de-
murrer overruled. with costs Boz thi, .uui.
PENDANT to withdraw demurrer and answer
On payment OF costs opinion by scott. J.
bernard Vessels respondent. VS. George
W Inch as receiver appellant judgment
tMcLaughlin and scott. u, diss-nting on
Woodward VS. New York Railways company,
decided Nov. 20. 1914. not yet reported
POST & Mccord. appellants, VS. city Of
Sew. York and another appellants Alfred
firmed, with costs No opinion. Gngraha
?. J., and Hotchkiss. j., dissenting so Tar
made 70 the coal 4 Iron Nationa' Bank
gpon The ground th2l ,het ess'Enm.nt vas
COMPANY win intent TO create prefer
Logical Research Film corp, appellant
order affirmed. with $40 costs and dl~hu-sa-
leave to defendant to Withdraw demurrer
and answer on payment OF costs. order
5 Albert Lowenstsin, respondent. vs.
Lulu Koch appellant order reversed, with
80 costs and dishnrsements and motion de- L.
70 amend on payment OF costs opinion by
international Aviators, appellant Judg
ment and order affirmed. with costs NC
phoebe Nasbaum, as administrators. ap.
peliant; vs. Terry Tcnch Company ct a.
Go %H opn 1%aS@ orasr t9rm'd with
Lille J. Echler, as administrators. APP
peliant, vs. August Fischer, respondent
No opinion order filed
John Damcns and another, appellants
affirmed. with costs and disbursements. ~
. opinion. order hled.
Edmund X stai!o, appellant ,.judgmcn
and order affirmed with costs No opinion
Attilio de cicoo. respondent-appellant. W
Joseph schwelzer, impleaded, appellant-re
| spondent Judgment, modified so a. to pro
Of ii g. 500. with interSs, from Jan 20. 1919
and as so modified afirmed. with costs {
without costs, No opinion. Settle order or
notice.
- g 8. Posner Co. Inc respondent, vs.
lants, order reversed, with so costs and
is App Div a. with leave ;s to- to piaiRiln /,
amend on payment ~ costs. tLaughlin. J.
. uf b
United states Trust Company Of New York
respondent, vs. Martlndsle Real Estate Com
costs, No opinion. order fled.
Harry Brooks, appellant, vs.. Samuel Ro
sen respondent, judgment affirmed viii
/ costs. No opinion. order filed.
Nicholas Flynn, respondent. Va. BRADLEY
| Construction Company, appellant. Judgmen
and order affirmed with costs, No opinion
! Ingraham, T. j. and bowling j., dissent
r, J. Horner & Co. respondents vs. WI,
lam - Lawrence ct al, Appellants. Judg
mcnt affirmed with costs, with leave 10 dc
PENDANT to amend answer on payment O
costs. No opinion. order nled
Metropolitan LIFE InsqTance COMPANY. re-
! appellants Judgment affirmed with costs
No opinion. order hled.
| Helena NJ richter. respondent, vs.
Katherine F Lndcmnnn. appellant. order
reversed with $40 costs and dishursemout'
| and motion denied as stated IN opinion with
| out costs, opinion by Laughlin, }. Orde
John II Riley as eNr., respondent, VS.
| James Niece, appellant. order reversed
| with $40 costs and disbursements and mo-
ton ,granted with so costs opinion b.
| Laughlin, j, order hled.
| In the Matter OF Junius c, Ayler Re
ferred to Hon. II A. Gildersleeve. ofncia
referee, Settle order on notice.
| In the Matter Of BENJAMIN Leder. Re
| ferred 10 Hon. Roger A. Pryor, official ref
| cree. Settle order on notice,
| People eN rel Henry \. La Chicotte, an
| pellant, vs. Arthnr J. OKecne as COMMITS
| siOner, &c, respondent Motion 10 dismiss
| appeal granted with $40 costs. order flod.
Court Of Appeals Calendar.
ALBANY. Jan. 22--The Court Of Appeal
! calendar for Monday! Nos, S2s, $50, ~
| III, 1855, 636 and 1856