App. Div.] First Department, June, 1921. NEUMAN LONDON, Respondent, v. SAMUEL OPPENHEIMER, Defendant, and MAX OPPENHEIMER, Appellant, Copartners, etc.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present Dowling, Smith, Page and Greenbaum, JJ. -- Clarke, P. J., MAY OLMSTED, Appellant, v. CLARENCE E. OLMSTED, Respondent. Order affirmed, without costs. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. PERCY C. SCHEUER and Another, Copartners, etc., Respondents, v. MILTON A. HERZIG, Appellant.- Order affirmed, with ten dollars costs and disbursements. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. TROPICAL TIRE AND RUBBER CO., INC., Respondent, v. PIETRO ALVINO, Doing Business under the Style of A. ALVINO & FIGLIO, Appellant.- Order modified as stated in order and as so modified affirmed, with ten dollars costs and disbursements to appellant. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. BECKIE N. MUSHER, Respondent, V. THE TOWN OF LIVINGSTON, Appellant, Impleaded with Another.- Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. MORRIS MUSHER, Respondent, v. THE TOWN OF LIVINGSTON, Appellant, Impleaded with Another. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. MARIE E. HARTMANN, Respondent, v. OTTO R. HARTMANN, Appellant.— Order modified by reducing alimony to $50 a week and counsel fee to $250, and as so modified affirmed, without costs. No opinion. PresentClarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. SIDNEY STEINER, Appellant, v. PERCY C. SCHEUER, Respondent.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. FAY EISENBERG, Appellant, v. LESTER W. EISENBERG, Respondent.—— Order affirmed, without costs. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. - WILLIAM C. J. BARTELS, Respondent, v. WILLIAM R. HOPKINS and Another, Appellants, Impleaded with Another.- Order so far as appealed from reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. No opinion. Present- Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. ALFRED ORLIK, Respondent, v. WIENER BANK VEREIN, Appellant.Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. In the Matter of the Application of the CALIFORNIA ASSOCIATED RAISIN COMPANY for a Compulsory Accounting between CALIFORNIA ASSOCIATED RAISIN COMPANY, Appellant, and GOLDMEYER, THIEL & ARNOLD, INC., APP. DIV.- VOL. CXCVII. 60 First Department, June, 1921. [Vol. 197 Respondent. Order affirmed, with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. MICHAEL W. CASEY, Respondent, v. SHULTS BREAD COMPANY and Another, Appellants. Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. EDMUNDO MONTEALEGRE and Another, Appellants, v. OLD DUTCH MILLS, INC., Respondent.— Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. SIMON GULACK, Respondent, v. ISAAC O. SCHIFF and Another, Appellants. Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. ARNOLD C. HANSEN, Respondent, v. GRIGORI BENENSON, Appellant.— Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. HYMAN MELTZER and Others, Respondents, v. HARRY FISHEL and Others, Appellants, Impleaded with Others.- Order modified as stated in order and as so modified affirmed, without costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. In the Matter of the Application of THE PEOPLE of the State of New YORK, by WILLIAM T. EMMET, Superintendent of Insurance, Respondent, for an Order to Take Possession of the Property and Liquidate the Business of the EMPIRE STATE SURETY COMPANY. In the Matter of the Claim of UNITED STATES OF AMERICA, Appellant. Surety Claim No. 122.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. ARCHIBALD WILLIAMSON and Others, Doing Business under the Firm Name of BALfour, WilliamSON & Co., Respondents, v. UCHIDA TRADING COMPANY, LIMITED, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. MAURICE VAN DUZER, Respondent, v. HAHLO COMPANY, Appellant.— Order affirmed, with ten dollars costs and disbursements. No opinion. Present · Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. WILLIAM MILNE, Trustee of the Estate of James Read SMITH, Deceased, Appellant, v. MARY D. YOUNG, Respondent.- Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. No opinion. Present- Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. In the Matter of the Application of THE EQUITABLE Trust CompanY OF NEW YORK, Appellant, in Proceedings Supplementary to Execution and Return Thereof, against RUSSELL PALMER, Respondent. EMIL FEFFERCORN, Third Party.- Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. No opinion. App. Div.] First Department, June, 1921. Order filed. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. MIDDLEBROOK, MCDONALD & Co., INC., and Others, Respondents, v. FREDERICK K. MIDDLEBROOK, Appellant. Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. AMOS K. ASHBY and Another, Appellants, v. DE LA VERGNE MACHINE COMPANY, Respondent.- Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. . DELANCEY T. SMITH and Another, Respondents, v. WINDER E. GoldsBOROUGH, Appellant.- Judgment affirmed, with costs. No opinion. PresClarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Greenbaum, J., dissents. ent HANNAH BARNETT, Appellant, V. THE CITY OF NEW YORK, Respondent. Judgment reversed and new trial ordered, with costs to appellant to abide the event, on the ground that the questions of defendant's negligence and the contributory negligence of the plaintiff should have been submitted to the jury. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Lewis BARNETT, Appellant, v. THE CITY OF NEW YORK, Respondent.Judgment reversed and new trial ordered, with costs to appellant to abide event, for the reason assigned in Barnett v. City of New York (ante, p. 947), decided herewith. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. - HOLMES ELECTRIC PROTECTIVE COMPANY, Respondent, v. WILLIAM WILLIAMS, as Commissioner of Water Supply, Gas and Electricity, and Others, Appellants, Impleaded with Another.- Judgment affirmed, with costs. No opinion. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. FRANK LA FORGIA, Respondent, v. EMPIRE CITY SUBWAY COMPANY, LTD., Appellant.- Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. BIRD S. COLER, Commissioner of Public Welfare of the City of New York, on Complaint of ANNA TANAL, Respondent, v. JOHN REINHARDT, Appellant. Order affirmed. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. ANGELO PALERMO, as Administrator, etc., of Michele PALERMO, Deceased, Respondent, V. THE CITY OF NEW YORK, Impleaded with CENTRAL VERMONT RAILWAY COMPANY, Appellant.- Judgment and order affirmed, with costs. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. IDA W. MCDONOUGH, as Administratrix, etc., of JOHN J. MCDONOUGH, Deceased, Respondent, v. STANDISH REALTY CORPORATION, Appellant.— Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. FARNHAM REALTY CORPORATION, Appellant, v. HERMAN N. LIBERMAN, Respondent. Order affirmed, with ten dollars costs and disbursements, First Department, June, 1921. [Vol. 197 with leave to plaintiff to withdraw demurrer on payment of said costs and ten dollars costs of motion at Special Term. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. THE CITY OF NEW YORK, Respondent, v. BRIDGE OPERATING COMPANY, Appellant. Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Greenbaum, J., dissenting. EVAN T. MACDONALD and Another, Engaged in Business as Copartners, etc., Plaintiffs, v. THE CITY OF NEW YORK, Defendant.- Exceptions overruled, with costs, and judgment ordered dismissing the complaint, with costs. No opinion. Settle order on notice. Present - Clarke, P. J.,. Dowling, Smith, Page and Greenbaum, JJ. LUDWIG WOERNER, as Administrator, etc., of SUSANNA WOERNER, Deceased, Respondent, v. THE CITY OF NEW YORK, Appellant.- Judgment and order affirmed, with costs No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. LUDWIG WOERNER, Respondent, v. THE City of New YORK, Appellant. - Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE WOLMER, Appellant. Judgment affirmed. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR TOURBILLON, Otherwise Called DON B. COLLINS, Appellant.— Judgment affirmed. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. LOUISA APPELL, Respondent, v. INTERBOROUGH RAPID TRANSIT COMPANY, Appellant.- Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. LOUISA APPELL, Respondent, v. INTERBOROUGH RAPID TRANSIT COMPANY, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion. Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Present GEORGETTE SILK CORPORATION, Respondent, v. ELGIN WAIST COMPANY, Appellant. Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. PAUL URBAN, as Administrator, etc., of PAUL URBAN, Deceased, Plaintiff, v. TOPPING BROTHERS, Defendant. Exceptions overruled, with costs, and judgment ordered dismissing the complaint, with costs. No opinion. Settle order on notice. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. CHRISTINE G. CAMPBELL, Respondent, v. FRANK A. CAMPBELL, Appellant. Judgment modified by striking out paragraph "4" thereof and by increasing alimony to sixty dollars a week, and as so modified affirmed, without costs. (See Wilson v. Hinman, 182 N. Y. 408, 413; Sleeper v. Sleeper, 65 Hun, 454; affd., 142 N. Y. 625.) Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. App. Div.] First Department, June, 1921. MINNIE SCHLEIDER, Respondent, v. FLOYD W. FINCH, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. THOMAS CECIL CLARKE, an Infant, by THOMAS CLARKE, His Guardian ad Litem, Respondent, v. EIGHTH AVENUE RAILROAD COMPANY, Appellant.― Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN DIGBY, Indicted as GILBERT POWERS, Appellant.- Judgment affirmed. No opinion. Present- Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. STRUCTURAL ENGINEERING CORPORATION, Appellant, v. EDWARD T. KENNARD, Respondent.- Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. AUGUST STUMPP and Another, Copartners, etc., Respondents, v. THE FARMERS' LOAN AND TRUST COMPANY, Appellant.- Judgment affirmed, with costs. No opinion. Present - Clarke, P. J., Dowling, Smith and Page, JJ. MARK EPMAN and Another, Appellants, v. ARTHUR M. Cox and Another, Respondents. Judgment and order affirmed, with costs. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. THE FIRST NATIONAL BANK OF EDGEWATER, N. J., Respondent, v. NATIONAL SURETY COMPANY, Appellant. Order affirmed, with ten dollars costs and disbursements, with leave to defendant to withdraw demurrer and to answer on payment of said costs and ten dollars costs of motion at Special Term. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. UNITED STATES RAINCOAT COMPANY, Respondent, v. SAMUEL MCCONNELL and Another, Copartners, etc., Appellants.― Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. ALLEN T. HARTMAN & CO., INC., v. EDWARD J. BARRY.- Application denied, with ten dollars costs. Order signed. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. HENRY C. DAVIS V. MANHATTAN PRODUCE COMPANY, INC.- Application denied, with ten dollars costs, and stay vacated. Order signed. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. SEGUNDO TAMARGO and Others v. S. SILBERSTEIN & SON, INC.- Application granted. Order signed. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. JOHN W. HOOLEY V. EDWIN A. COCHRAN.— Application denied, with ten dollars costs. Order signed. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. SAMUEL ROSENTHAL and Others v. STANLEY E. SELONICK and Others.Application denied, with ten dollars costs. Order signed. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. |