App. Div.] Fourth Department, May, 1909. Railroad Company, Respondent. — Judgment and order affirmed, with costs. All concurred. John J. Bannon, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.-Order affirmed, with ten dollars costs and disbursements. All concurred. Mary Bodkin, Respondent, v. Daniel E. Knowlton, Appellant.- Judgment and order affirmed, with costs. All concurred. Maynard N. Clement, as State Commissioner of Excise of the State of New York, Respondent, v. Clemence Vogel and Fidelity and Casualty Company of New York, Appellants.- Judgment and order affirmed, with costs. All concurred. Genesee River Railroad Company, Appellant, v. Ella M. Boyington, Respondent, Impleaded with Lizzie W. Sheldon.- Order affirmed, with costs. All concurred. Emmons Howard, Appellant, v. John J. Albright, Respondent.— Judgment and order affirmed, with costs. See opinion of Spring, J., on former appeal (129 App. Div. 763). All concurred. John F. Ebinger, Respondent, v. Syracuse Rapid Transit Railway Company, Appellant. Judgment and order affirmed, with costs. All concurred, except Williams, J., who dissented. William J. Demong, Respondent, v. Syracuse Rapid Transit Railway Com. pany, Appellant.- Judgment and order affirmed, with costs. All concurred. National Metal Edge Box Company, Respondent, v. Darwin B. Gotham, Appellant. Judgment affirmed, with costs, on opinion of Robson, J., on former appeal (125 App. Div. 101). All concurred. Edward J. Roseneau, as Receiver, etc., Respondent, v. Empire Circuit Company and Others, Appellants.- Motion to amend decision denied, with ten dollars costs. Peter A. Porter and Others, Respondents, v. International Bridge Company and Others, Appellants. — Motion for leave to appeal to Court of Appeals granted. Settle order before Presiding Justice McLennan on two days' notice. William F. Lynn, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.-Motion for reargument denied, with ten dollars costs. Charles A. Weller, Appellant, v. Buffalo Expanded Metal Company, Respondent. Judgment and order affirmed, with costs. All concurred. Nona M. Gleason, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.- Judgment and order affirmed, with costs. All concurred, except Williams and Robson, JJ., who dissented upon the ground that the verdict is excessive, also that errors were committed in the admission of evidence. Rufus Newton, as Administrator, etc., of Chauncey Newton, Deceased, Respondent, v. The Chautauqua Traction Company, Appellant.- Judgment and order affirmed, with costs. All concurred. Anna C. Kippley, as Administratrix, etc., of George W. Kippley, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant. Judgment and order affirmed, with costs. All concurred. Fourth Department, May, 1909. [Vol. 132. Minnie E. Voght, Respondent, v. George W. Bork and Catherine Bork (Mother of George W. Bork), Appellants, Impleaded with Catherine I. Bork, His Wife, and Others. — Judgment affirmed, with costs. All concurred. Peter M. Bredel, Respondent, v. John Knaszak and Others, Appellants, Impleaded with Frank D. Caldwell and Veronica Malinowski. — Judgment affirmed, with costs. All concurred. Rudolph Bocci, Respondent, v. Genesee Fruit Company, Appellant. — Judgment and order affirmed, with costs. All concurred.. John Charles Miller, Respondent, v. Seneca River Power Company and Others, Appellants. Judgment and order affirmed, with costs. All concurred. Richard S. Gilpin, Respondent, v. William M. Savage, Appellant. — Judgment affirmed, with costs. All concurred, except Kruse, J., who dissented. Edward L. Riker and Others, Plaintiffs, v. North British and Mercantile Insurance Company of London and Edinburgh, Defendant. Defendant's exceptions overruled, motion for new trial denied, with costs, and judgment directed for the plaintiffs upon the verdict, with costs. All concurred. - In the Matter of the Appraisal of the Property of James E. Wolcott, Deceased, under the Act in Relation to Taxable Transfers of Property. The Comptroller of the State of New York, Appellant, v. Ida J. Wolcott, Individually and as Executrix, and Others, Respondents.- Decree and order affirmed, with costs. All concurred, except Williams, J., who dissented. James H. Wilson, Respondent, v. Otis Elevator Company, Appellant.— Judg. ment and order affirmed, with costs. All concurred. Stephen N. Keener, Respondent, v. Ransome & Smith Company, Appellant. - Judgment and order affirmed, with costs. All concurred. Amos Rathbun, Respondent, v. The Morning Telegraph Company, Appellant. Judgment and order affirmed, with costs. All concurred, except Kruse, J., who dissented. De Witt C. Welch, Respondent, v. Daniel Post, Appellant. - Interlocutory judgment affirmed, with costs, with leave to the defendant to plead over upon payment of the costs of the demurrer and of this appeal. All concurred. Samuel K. Green, Appellant, v. William A. Parsons, Defendant. Gurdon W. Fitch, as Administrator of the Defendant William A. Parsons, Respondent.— Order affirmed, with ten dollars costs and disbursements. All concurred. George T. Thompson, Respondent, v. James R. McLaughlin and Others, Appellants, Impleaded with Charles D. McLaughlin.— Order affirmed, with ten dollars costs and disbursements. All concurred, except Robson, J., not voting. Frank Feuerstein, Respondent, v. William E. Carroll and Samuel S. Carroll, Composing the Firm of Carroll Brothers, Appellants. Order affirmed, with ten dollars costs and disbursements. All concurred. Margery McConnell, Respondent, v. Benton McConnell and McConnell Manufacturing Company, Appellants, Impleaded with Jennie Saxton, Individually and as Sole Executrix, etc., of Floyd T. McConnell, Deceased.- Order reversed, with ten dollars costs and disbursements, and motion to vacate order granted, App. Div.] Fourth Department, May, 1909. with ten dollars costs. Held, that the moving affidavit fails to show that the examination is necessary to enable the plaintiff to frame a complaint. concurred. All William M. Steenman and Others, Appellants, v. Sylvester B. Eagan, Respondent. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Held, that the matter stricken from the complaint was proper as an allegation of special damages. All concurred. Mary E. Potter, Respondent, v. Fred R. Engert, Appellant.- Order affirmed, with ten dollars costs and disbursements. All concurred. The Seneca Nation of Indians, Respondent, v. George T. Jimeson, Appellant. - Order affirmed, with ten dollars costs and disbursements. All concurred. Amasa Hungerford and Another, as Executors, etc., Respondents, v. Clara L. Snow and Another, Respondents.-Motion for reargument denied, with ten dollars costs. West Canada Lumber Company, Respondent, v. Frederick C. Stevens, Appellant. Motion to dismiss appeal denied, with ten dollars costs. Edward Garvey, Respondent, v. Oldbury Electro-Chemical Company, Appellant.- Motion to dismiss appeal denied, with ten dollars costs. Lida E. Carr, Appellant, v. Frank J. Carr, Respondent.- Appeal dismissed, without costs on appellant's default. Author's right to maintain suit for payment of royalties. See CONTRACT, 4. Executrix of deceased administratrix - division of estate without payment to See DECEDENT'S ESTATE, 7. Administrator - stay pending action to determine title to property. See DECEDENT'S ESTATE, 8. Equity-examination of books and papers prior to judgment. See DISCOVERY, 1. Partnership-good will See PARTNERSHIP, 5. - name of individual partner. Partnership reference interlocutory judgment prerequisite. See PRACTICE, 3. 1. Motion to compel acceptance of notice after time to appeal has expired. A plain- Unnecessary papers do not affect the validity of the judgment, and moreover, a Where a plaintiff has failed to appeal from an order denying a motion to set aside |