First Department, June, 1908.

[Vol. 126.

In the Matter of the Application of Lawrence Waterbury, Appellant, v. Grosvenor Nicholas and Paul L. Kiernan, Attorneys at Law, Respondents.— Order affirmed, with ten dollars costs and disbursements, without prejudice to the right of the client to bring an action against the attorneys. No opinion.

Henry W. Shoemaker and Others, Copartners Doing Business under the Firm Name and Style of Shoemaker, Bates & Company, Respondents, v. Hiram Burlingham, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of the Application of Carroll Le Roy Mosher, Respondent, for a Peremptory Writ of Mandamus against Foster Crowell, as Commissioner of the Department of Street Cleaning of the City of New York, Appellant.— Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of the Application of the City of New York, Appellant, Relative to Acquiring Title, etc., to the Lands and Premises Required for the Opening and Extending of the Approaches to Madison Avenue Bridge, over the Harlem River, in the Twelfth Ward, Borough of Manhattan, City of New York. John Sergeant Cram, as Sole Surviving Executor, etc., of Henry A. Cram, Deceased, Respondent.- Order affirmed, with ten dollars costs and disbursements. No opinion. (Ingraham and Scott, JJ., dissenting.)

The People of the State of New York ex rel. Hugh J. O'Neill, Appellant, v. Frank L. Polk and Others, Comprising the Municipal Civil Service Commission of the City of New York, Respondents.- Order affirmed, with ten dollars costs and disbursements. No opinion.

J. Schwarzwalder & Sons, Respondent, v. Quinn & Nolan Beverwyck Brewing Company, Appellant.— Order reversed, with ten dollars costs and disbursements, and motion granted. No opinion.

Augustus Van Horne Stuyvesant, Respondent, v. Nathan E. Bloch, Appellant, Impleaded with Edward F. Kealey and Charles Schindler, Described in the Summons and Complaint as John Doe, Defendants.— Order affirmed, with ten dollars costs and disbursements. No opinion.

Elise H. M. Holt, Respondent, v. Franklin W. Hopkins, Appellant.— Order affirmed, with ten dollars costs and disbursements. No opinion.

Jared F. Harrison, Respondent, v. Hartford Life Insurance Company, Respondent. In the Matter of James S. Greves, Appellant, for Leave to Intervene.— Order affirmed, with ten dollars costs and disbursements. No opinion.

George Gordon Hastings, as Executor, etc., of Rosalie Tousey Hastings, Deceased, Appellant, v. Ingersoll Lockwood and Others, Respondents, Impleaded with Milton Berolzhime and Jedediah T. Paine, as Administrator, etc., of Jennie M. Paine, Deceased, Appellants.- Order affirmed, with ten dollars costs and disbursements. No opinion.

Horace Russell and Edward D. Harris, as Executors of and Trustees under the Last Will and Testament of Henry Hilton, Deceased, Appellants, v. Isaac N. Heidelberg and Hope Clothing Company, Respondents.-Order affirmed, with ten dollars costs and disbursements. No opinion.

Riverside Bank, Respondent, v. Charles Bary and Michael Jacobs, Impleaded with Eugene Van Schaick, Appellant. Riverside Bank, Respondent, v. Simon

App. Div.]

First Department, June, 1908.

Feist and Michael Jacobs, Impleaded with Eugene Van Schaick, Appellant.Order modified by deducting the sum of $100 from the judgment as entered, and as so modified affirmed, without costs. Settle order on notice.

In the Matter of the Petition of Maynard N. Clement, as State Commissioner of Excise, Respondent, for an Order Revoking and Canceling Liquor Tax Certificate No. 4,425, Issued to George Brown, Appellant.— Order affirmed, with ten dollars costs and disbursements. No opinion.

The Industrial and General Trust, Limited, and Others, Appellants, v. Pacific Gas and Electric Company, Impleaded with the Trust Company of America and Others, Respondents. Order affirmed, with ten dollars costs and disbursements.

No opinion.

Jefferson Real Estate Company, Appellant, v. Walter H. Stearns, Respondent. - Order affirmed, with ten dollars costs and disbursements. No opinion. Frank L. Perley, Appellant, v. Lee Shubert, Respondent.- Order affirmed, with ten dollars costs and disbursements. No opinion.

The People of the State of New York ex rel. Thomas J. Nealis, Respondent, v. Frank A. O'Donnel and Others, as Members of and Constituting the Board of Taxes and Assessments of the City of New York, Appellants.— Order reversed, with ten dollars costs and disbursements, and motion granted on the authority of People ex rel. Collins v. Ahearn (120 App. Div. 95).

The People of the State of New York ex rel. Israel Benjamin, Appellant, v. Arthur J. O'Keeffe and Others, as Members of and Constituting the Municipal Civil Service Commission of the City of New York, Respondents.-- Order affirmed, with ten dollars costs and disbursements. No opinion.

Samuel J. Silberman. Appellant, v. Snare & Triest Company, Respondent, Impleaded with Mathilda Karg and Others.-- Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of the Depositions of F. H. Fenning and Samuel S. McCurdy, to Be Used in the Circuit Court, County of Union, State of Illinois, in an Action Entitled The People of the State of Illinois ex rel. E. R. Leonard v. The Equitable Life Assurance Society of the United States." The Equitable Life Assurance Society of the United States, Appellant; Edwin A. Watson, Respondent. - Order affirmed, with ten dollars costs and disbursements. No opinion.

Jose R. Alvarez, Appellant, v. Tomas Ceron Camargo, Respondent.— Order affirmed, with ten dollars costs and disbursements. No opinion.

Plunkett Plumbing and Heating Company, Respondent, v. Bassford Realty Company and George A. Acken, Appellants.-Order affirmed, without costs. No opinion.

In the Matter of the Transfer Tax upon the Estate of James B. M. Grosvenor, Deceased. The Comptroller of the State of New York, Appellant; Rhode Island Hospital Trust Company, as Executor, etc., of James B. M. Grosvenor, Deceased, Respondent.— Order affirmed, with costs, on authority of Matter of Grosvenor (124 App. Div. 331).

Canuto H. Latasa, Respondent, v. Mark Aron, Impleaded with Edward H. Conroy, Appellant. - Order affirmed, with ten dollars costs and disbursements. No opinion.

First Department, June, 1908.

[Vol. 126. The People of the State of New York ex rel. George Bernard, Appellant, v. Moses M. McKee, as Special Deputy Commissioner of Excise, and Maynard N. Clement, as State Commissioner of Excise, Respondents. Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of the Judicial Settlement of the Account of Proceedings of Edward J. Dunphy, as Executor of and Trustee under the Last Will and Testament of Katharine D. Callahan, Deccased, Respondent; Cornelius Callahan, Appellant. Order affirmed, with ten dollars costs and disbursements. No opinion. Thomas L. Martin, Respondent, v. Alfred H. Smith and Harrison B. Smith, Appellants. Order affirmed, with ten dollars costs and disbursements on authority of Hutchinson v. Bien (104 App. Div. 214).

Attillio Piccirilli, Respondent, v. Angelo Julian, Appellant, Impleaded with Others. (No. 1.)- Order affirmed, with ten dollars costs and disbursements. No opinion.

Attillio Piccirilli, Respondent, v. Angelo Julian, Appellant, Impleaded with Others. (No. 2)-Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of Dennis E. Sheehan, Respondent, for an Order Directing Joseph Martin, Appellant, to Turn over Certain Moneys.- Order affirmed, with ten dollars costs and disbursements. No opinion.

In the Matter of the Transfer Tax upon the Estate of Sarah J. G. Spencer, Deceased. The Comptroller of the State of New York, Appellant; William Augustus Spencer and Others, as Executors, etc., of Sarah J. G. Spencer, Deceased, and Others, Respondents.- Order affirmed, with ten dollars costs and disbursements. No opinion.

Alfred L. Hodge v. International Registry Company.- Motion to dismiss appeal granted, with ten dollars costs.

In the Matter of Willis Avenue Bridge.- Motion to dismiss appeal denied. Alexander R. Baxter v. William E. Servic.- Motion to dismiss appeal granted, with ten dollars costs.

Mary A. McClain v. Ada Bird and Others.- Motion to dismiss appeal granted. See memorandum per curiam.

In the Matter of Charles T. Dunning, etc.-Motion denied on terms stated in order.

Horace Russell and Others, as Executors, etc., v. Isaac A. Heidelberg and Others. Motion denied, with ten dollars costs.

In the Matter of John Halstead, Deccased.- Motion to dismiss appeal granted, with ten dollars costs.

Mary L. Hall v. Metropolitan Street Railway Company.- Motion denied on terms stated in order.

Robert Townsend v. Sidney S. Meyers.- Motion to dismiss appeal granted, with ten dollars costs.

In the Matter of Benjamin Sanders, Deceased. — Motion denied on terms stated in order.

Patrick A. Fogerty v. William P. Fogerty. (No. 1.) — Motion denied, with ten dollars costs.

App. Div.]

First Department, June, 1908.

Patrick A. Fogerty v. William P. Fogerty. (No. 2.) - Motion denied, with ten dollars costs.

Henry Fogler v. Sigmund Kahn and Others.- Motion to dismiss appeal granted, with ten dollars costs.

Bernard Keenan v. Samuel J. Bloomingdale, Impleaded, etc.- Motion denied on terms stated in order.

Morris Gelof v. Jacob Morgenroth and Others.- Motion granted.

Aaron Engel v. Herman Sontag

Motion denied, with ten dollars costs.

New York Evening Journal Publishing Company v. William F. Simpson Advertising Agency.- Application denied, with ten dollars costs.

Morris Goldzier v. Edward I. Goodrich.- Application denied, with ten dollars costs.

Jesse C. Bennett & Company v. Mary L. H. McGill. - Application denied, with ten dollars costs.

Cora Williams v. Isaac Goldberg. - Application denied, with ten dollars costs.

Silas Musliner v. Paul M. Warburg.— Application denied, with ten dollars costs.

Pauline Weinstein v. Kursheedt Manufacturing Company.- Application denied, with ten dollars costs.

J. W. Cushman & Company v. Paul Thompson.- Application denied, with ten dollars costs.

Jaruchim H. Simpson v. Harry Berkowitz.- Application denied, with ten dollars costs.

Samuel B. Patterson v. Samuel W. Heiss and Others:- Application denied, with ten dollars costs.

Samuel Wolchok v. Giovanna Clemento and Others. — Application denied, with ten dollars costs.

Wyckoff, Church & Partridge v. William H. Hall.- Application denied, with ten dollars costs.

Frank Slavik v. Supreme Lodge of All Bohemian Ladies, etc.- Application denied, with ten dollars costs.

Minnie R. Tannenbaum v. The City of New York.- Motion denied, with ten dollars costs.

In the Matter of James B. Hammond, etc.- Motion denied, with ten dollars costs.

Hoggson Brothers v. Drug and Chemical Club.- Motion denied, with ten dollars

costs.

Emeline F. Tooker v. Siegel-Cooper Company, Impleaded, etc.- Motion granted.

James A. Grant and Others v. Cobre Grande Copper Company, Impleaded, etc.- Motion granted. Questions certified.

Marie Koenig, as Administratrix, v. August P. Wagener, as Surviving Administrator, etc.- Motion denied, with ten dollars costs.

Milton G. Bucky v. Ben Franklin Insurance Company. - Motion denied, with ten dollars costs.

First Department, June, 1908.

[Vol. 126, App. Div.] Alice F. II. King v. W. J. Block Amusement Company.- Motion denied, with ten dollars costs.

Morris Reisler, an Infant, etc., v. John H. Springer.- Motion granted. Henry D. Miller v. Crown Perfumery Company.- Motion denied, with ten dollars costs.

Augustus H. Grote v. Ida F. Grote - Motion granted. Question certified. Edward J. Dunphy v. Cornelius Callahan. - Motion granted. Question certified.

In the Matter of Edward J. Dunphy.- Motion granted, with ten dollars

costs.

In the Matter of Riverside Drive. Motion denied on payment of ten dollars costs, and on condition that appellant have appeal ready for argument at the October term.

In the Matter of Antonio Spinelli. - Reference ordered to take proof of the facts stated in the petition, and as to the identity of the infants for whom the petitioner was appointed guardian, as the owners of the property involved in this proceeding. Settle order on notice.