der affirmed, with $10 costs and disbursements. | Denaro against the Prudential Insurance ComOrder filed. See, also, 140 N. Y. Supp. 1115. DE LONG, Respondent, v. ANDERSON et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 7, 1913.) Action by Emma De Long against William J. Anderson and others. PER CURIAM. Motion to dismiss appeal granted, with costs. RICH, J., taking no part. pany of America. No opinion. Motion to resettle order granted, without costs. Settle order before Mr. Justice Carr. See, also, 139 N. Y. Supp. 758. DONOVAN, Respondent, V. UNITED FRUIT CO., Appellant. (Supreme Court. ApDENARO, Appellant, V. PRUDENTIAL pellate Division, First Department. February INS. CO. OF AMERICA, Respondent. (Su-28, 1913.) Action by Richard J. Donovan preme Court, Appellate Division, Second Depart- against the United Fruit Company. I. Unterment. March 7, 1913.) Action by Marianna | myer, of New York City, for appellant. W. L EASTMAN KODAK CO., Respondent, v. GENNERT et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. March 12, 1913.) Action by the Eastman Kodak Company against Maurice Gottlieb Gennert and others. PER CURIAM. Judgment modified as to the appealing defendants, by eliminating therefrom the provision, "And from putting out, selling, distributing, giving away, or offering for sale, as 'Kodak Acid Fixing Powder,' any acid fixing powder other than that put upon the market by the plaintiff, Eastman Kodak Company, in plaintiff's cartons," and, as thus modified, affirmed, without costs of this appeal to either party. See, also, 145 App. Div. 903, 904, 129 N. Y. Supp. 1120. Reargument denied, 140 N. Y. Supp. 1117. MCLENNAN, P. J., dissents, and votes for affirmance. FOOTE, J., not sitting. EASTMAN KODAK CO., Respondent, v. GENNERT et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. March 26, 1913.) Action by the Eastman Kodak Company against Maurice Gottlieb Gennert and others. No opinion. Motion for reargument (of 140 N. Y. Supp. 1117) denied, with $10 costs. Motion to amend decision denied. EDINGER, Respondent, v. CITY OF BUFFALO, Appellant. (Supreme Court, Appellate Division, Fourth Department. March 19, 1913.) Action by Norman Edinger, an infant, etc., against the City of Buffalo. PER CURIAM. Judgment affirmed, with costs. MCLENNAN, P. J., dissents. LAMBERT, J., not sitting. ELIAS, Respondent, V. ALLEGHENY PLATE GLASS CO., Appellant. (Supreme Court, Appellate Division, First Department. February 28, 1913.) Action by Joseph Elias against the Allegheny Plate Glass Company. H. Aaron, of New York City, for appellant. N. S. Goetz, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. ELLIS, Appellant, v. MILLER et al., Respondent. (Supreme Court, Appellate Division, Action First Department. March 20, 1913.) by Herman Ellis against Leopold Miller and others. T. G. Strong, of New York City, for appellant. M. S. Guiterman, of New York No opinion. Judgment City, for respondent. Order filed. and order affirmed, with costs. In re ENGEL. (Supreme Court, Appellate Division, Second Department. February 28, 1913.) In the matter of the application to revoke the letters testamentary of Gesine Engel, as executrix, etc., in which Henry Doscher and others appeal. No opinion. Motion denied, without costs. See, also, 140 N. Y. Supp. 286; | Covert, as administrators, etc., of Joel Ewing, 140 N. Y. Supp. 1118. deceased. No opinion. Decree affirmed, with costs. FAIGLE, Respondent, v. BOCKROTH et al., (Supreme Court, Appellate Division, Second Department. February 7, 1913.) Action by John Faigle against Henry Bockroth and another. In re ENGEL. (Supreme Court, Appellate Division, Second Department. March 20, 1913.) In the matter of the application to revoke let-Appellants. ters testamentary of Gesine Engel, as executrix of Claus Doscher, deceased, etc. No opinion. Motion for reargument (of 140 N. Y. Supp. 286) denied, with $10 costs. See, also, 140 N. Y. Supp. 1118. PER CURIAM. Judgment and order reversed, and new trial granted, costs to abide event, on the ground that it was error to charge that the ladder was shifted. The weight of evidence the jury could find the defendant liable, even if is that it was shifted. Motion for reargument denied, 140 N. Y. Supp. 1118. WOODWARD and RICH, JJ., dissent. FAIGLE, Respondent, v. BOCKROTH et al., Appellants. (Supreme Court, Appellate Division, Second Department. March 20, 1913.) Action by John Faigle against Henry Bockroth and another. No opinion. Motion for reargu ment (of 140 N. Y. Supp. 1118) denied, with $10 costs. FALES, Appellant, v. GILMORE, Respondent. (Supreme Court, Appellate Division, Fourth Department. March 19, 1913.) Action by Nettie Fales against Charles Gilmore. No opinion. Order affirmed, with $10 costs and disbursements. In re FARLEY, State Excise Com'r. (Supreme Court, Appellate Division, Second Department. February 21, 1913.) In the matter of the petition of William W. Farley, as State Commissioner of Excise, for an order revoking and canceling liquor tax certificate No. 9084, issued to Joseph C. Rauscher. PER CURIAM. Order reversed, with $10 costs and disbursements, on the ground that petitioner gave evidence tending to show a violation of the law on Sunday, May 26, 1912. Matter remitted to the Special Term for a rehear PER CURIAM. Judgment and order affirm-ing. ed, with costs. See, also, 148 App. Div. 928, 133 N. Y. Supp. 1120. JENKS, P. J., and BURR, J., dissent, on the authority of Estabrook v. Newburgh Light, Heat & Power Co., 141 App. Div. 683, 125 N. Y. Supp. 944. ETRA V. ABLOWITZ et al. (Supreme Court, Appellate Division, First Department. February 14, 1913.) Action by Aaron Etra against Moses Ablowitz and others. No opinion. Application denied, with $10 costs. Order signed. In re FEDERAL UNION SURETY CO. (two cases). (Supreme Court, Appellate Division, First Department. March 14, 1913.) ID the matter of the Federal Union Surety Compa ny. No opinion. Motion denied, with $10 costs. Orders filed. See, also, 139 N. Y. Supp. 1122. FELDMAN et al., Respondents, v. DICK. STEIN et al., Appellants. (Supreme Court, Ap pellate Division, Third Department. March 5, 1913.) Action by Annie Feldman, as adminis tratrix, etc., of Charles Feldman, deceased, and another, against Alexander Dickstein and Lazer Selig Forman, also known as Levi S. Forman. No opinion. Order affirmed, with $10 costs and In re EWING et al. (Supreme Court, Appellate Division, Fourth Department. March 5, 1913.) In the matter of the judicial settlement of the accounts of Caroline Ewing and John A. | disbursements. MEMORANDUM DECISIONS FERGUSON, Respondent, v. TOWN OF and another. W. B. Crisp, of New York City, FERGUSON, Respondent, v. TOWN OF LEWISBORO, Appellant. (Supreme Court, Appellate Division, Second Department. March 20, 1913.) Action by Helen Margaret Ferguson, an infant, etc., against the Town of Lewisboro. No opinion. Motion for leave to appeal to the Court of Appeals (from 140 N. Y. Supp. 1119) granted, without costs. In re FORREST. (Supreme Court, Appellate March 5, 1913.) Division, Third Department. In the matter of the petition of J. W. Forrest, independent candidate for Representative in Congress in and for the Twenty-Eighth congressional district of the state of New York. opinion. Order unanimously affirmed, with costs. No TERWILLEGER, FORSELL, Respondent, v. Appellant. (Supreme Court, Appellate Division, Second Department. February 28, 1913.) Action by Carl Forsell against Frank G. Terwilleger. No opinion. Judgment affirmed, with costs. FIRST COMMERCIAL BANK OF PONTIAC v. VALENTINE et al. (Supreme Court, March In re FT. COMFORT INN & REALTY CO. Appellate Division, First Department. 20, 1913.) Action by the First Commercial (Supreme Court, Appellate Division, Second DeBank of Pontiac against Moses M. Valentine partment. February 14, 1913.) In the matter and another. No opinion. Motion granted. of the application of the Ft. Comfort Inn & Questions certified. Order filed. See, also, 139 Realty Company for a voluntary dissolution of the corporation. N. Y. Supp. 1037. In re FISCHER. (Supreme Court, Appellate March 7, 1913.) Division, Second Department. In the matter of the petition of John Fischer for an inspection of the books and records of the Kaiser Garden Company. No opinion. Motion denied, with $10 costs. PER CURIAM. Order modified, so that petitioner's motion shall be denied, without prejudice to the bringing of such action by the petitioner as he may be advised against the Rockland County Trust Company, both in its individual and representative capacity, and John F. MacFarlane, both individually and in his representative capacity, for the relief demanded in these proceedings, or such other and further reFLOCKER v. HUDSON & M. R. CO. (Su- lief as may be just, and, as so modified, the said preme Court, Appellate Division, First Depart-order is affirmed, without costs. Action by Ludwig ment. February 28, 1913.) Flocker against the Hudson & Manhattan Railroad Company. No opinion. Motion denied, with $10 costs. Order filed. See, also, 139 N. Y. Supp. 1123. FORD MOTOR CO., Appellant, V. BOWRING & CO. et al., Respondents' (two cases). (Supreme Court, Appellate Division, First DeMarch 22, 1913.) partment. Action by the FORYCIARSZ, Respondent, v. AMERICAN GYPSUM CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 5, 1913.) Action by Josephine Foryciarsz, as administratrix, etc., against the American Gypsum Company. No opinion. Motion for leave to appeal to Court of Appeals denied, with $10 costs. (Supreme FOX et al. v. PEACOCK et al. Court, Appellate Division, First Department. March 14, 1913.) Action by Hugh C. Fox and others against George H. Peacock and another. No opinion. Motion granted, unless appellant complies with terms stated in order, and stay vacated. Order filed. See, also, 153 App. Div. 887, 138 N. Y. Supp. 535. FREEMAN et al., Respondents, v. INTERNATIONAL PULP CO., Appellant. (Supreme Court, Appellate Division, Third Department. March 5, 1913.) Action by Frank N. Freeman and another against the International Pulp Company. No opinion. Order affirmed, with $10 costs and disbursements. In re FROMME. (Supreme Court, Appellate Ford Motor Company against Bowring & Co. Division, First Department. March 28, 1913.) In the matter of Herman Fromme, an attorney. | 158 N. Y. 526, 53 N. E. 525, 70 Am. St. Rep. FRONCKOWIAK et al., Appellants, v. PLA- FRONCZAK, Respondent, v. NEW YORK LAMBERT, J., not sitting. GAINSBORG, Respondent, v. DEUTER- GEITNER, Respondent, V. WESTING- LAMBERT, J., dissents. GENEVA MINERAL SPRINGS CO., Lim- GERETY, Appellate, v. CONTINENTAL GERSON et al. v. BLANCK et al. (Su- preme Court, Appellate Division, First Depart- GLOVER, Respondent, v. H. P. NELSON PER CURIAM. Order reversed, with $10 HIRSCHBERG, J., votes to reverse upon the GLOVER, Respondent, v. H. P. NELSON PER CURIAM. Order reversed, with $10 |