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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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6
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
7
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
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The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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16
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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21
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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22
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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35
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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46
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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65
This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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71
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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78
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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80
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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95
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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99
AMA Multimedia, LLC, a Nevada-based producer of adult video content, filed this copyright infringement lawsuit in March 2016 in the Western District of Washington against Spankbang.com and its operator, Nivun PTE Ltd, a Singapore-incorporated company. AMA alleged that SpankBang — one of the largest pornographic tube websites — was hosting and distributing AMA's copyrighted video content without authorization, generating advertising revenue from the infringement at AMA's expense. The complaint asserted claims for direct copyright infringement and sought damages and injunctive relief.
The case was part of a broader wave of litigation by adult content producers against tube sites that aggregate user-uploaded videos, many of which include professionally produced content uploaded without the rights holders' consent. Establishing jurisdiction over foreign-operated websites and piercing corporate structures to identify liable parties were recurring challenges in such cases. The case settled confidentially.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
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All reporters › ny-app-div-lexis › Volume 1920 Opinions in ny-app-div-lexis, volume 1920
Woerz v. Rosenfeld Page 4141 Plaintiff at the time of the accident on January 7, 1916, was nine years, eleven months old.… On February 16, 1920, an ex parte order was signed for the appointment of a referee to take the deposition of the appellant as a witness to be used in an action which had not then been commenced by the respondent against the Crompton Building Corporation and another, and on the same day a subpoena was issued to and… In re Hazelwood Oil Co. Page 4143 The relator, the Hazelwood Oil Company, is a foreign corporation engaged in the oil and gas business in this State.… The contestants filed objections to the probate of the alleged last will and testament of Edward Lawler, • deceased, also to the codicil thereto, and demanded a jury trial.… On the 20th day of October, 1920, the relator presented a petition in due form to the City Court of the City of New York showing that it was the owner of an .apartment house known as 490 West End avenue, in the borough of Manhattan, New York; that on or about the 28th day of May, 1917, by a lease in writing it let to… McConnell v. Hellwig Page 4146 The plaintiff, a customer of the defendants’ firm, had two accounts, “ regular ” and “ special.” He sues upon an account stated in the regular account.… Cominelli v. Pisani Page 4147 In this arrangement by which plaintiff entered into a business connection with defendants, he transferred to them the agency of G.… Canavan v. City of Mechanicville Page 4148 TMs is an appeal from an order overruling a demurrer to one of two causes of action alleged in a complaint.… Reisig v. International Railway Co. Page 4149 This action was brought to recover the damages sustained by the plaintiff because of injuries received while a passenger on a car of the defendant railway company.… Luria v. De Witt Page 4150 The defendant was the surviving executor of the estate of John B.… Porter v. Bogert Page 4151 The appellants herein served their proposed case on appeal, to which proposed amendments were served and the case on appeal was duly settled by the referee.… This action is brought to recover the final installment of $3,009 due under an agreement in writing between the parties, i whereby plaintiff sold to defendant certain outstanding accounts of plaintiff as represented by its trial balance of April 29, 1916, after the elimination therefrom of certain “ wholesale accounts… Haas v. Newbery Page 4153 This action was brought to recover damages for injuries claimed to have been sustained by an infant, seven and a half years of age, who on June 3, 1914, while playing ball in One Hundred and Twenty-eighth street, between Fifth and Lenox avenues in the city of New York, was knocked down and run over by an automobile… Braxton v. Mendelson Page 4154 This action was brought to recover damages for the death of plaintiff’s intestate, who was run over by a motor truck on October 3, 1917, in Lenox avenue near One Hundred and Thirty-fifth street, in the city of New York.… The facts are substantially stated in the opinion of Mr. Justice Smith.… Hudson Trust Co. v. American Linseed Co. Page 4156 The action was to recover from the defendant damages for the loss sustained by the plaintiff in making a loan upon a certificate of defendant’s stock which was fraudulently issued and permitted to remain outstanding by reason of defendant’s negligence.… People v. Ehrlich Page 4157 Defendant was indicted on two counts. The first count is in the common-law form for stealing diamonds and the second is for having feloniously appropriated them to his own use while bailee thereof.… Davis v. Martens Page 4158 The complaint contains two counts. In the first count it is alleged that the plaintiff was a salesman of stock and bonds and that the defendants were engaged as copartners in dealing in stocks and bonds in New York city and elsewhere; *308that in November, 1915, the parties entered into an agreement whereby the… Jerome v. New York Railways Co. Page 4159 On the 28th day of May, 1917, plaintiff was a passenger on a north-bound Columbus avenue car of the defendant and sustained personal injuries in consequence of a collision between the car and a taxicab at a point on Columbus avenue about 100 feet north of Sixty-sixth street and this action was brought to recover… Cloke v. Robins Dry Dock & Repair Co. Page 4160 This is an action for personal injuries sustained by the plaintiff on the 11th day of January, 1917, alleged to have been due to the negligence of the defendant.… Lauer v. Raymond Page 4161 This action was brought to recover the sum of $6,250, with interest, said sum having been paid by plaintiffs to defendants on or about June 8, 1916, for 500 shares of the capital stock of the United Zinc Smelting Corporation.… Muller v. Ralston Page 4162 The defendants herein have separately appealed from a judgment rendered at Trial Term of the Supreme Court, upon the verdict of a jury in favor of the plaintiff and against the defendants jointly for the sum of $2,836.20, damages and costs.… People v. Lubin Page 4163 In affirming this judgment of conviction there are only two questions which seem to call for discussion.… Hocking Valley Railway Co. v. Barbour Page 4164 The complaint alleges the sale by the plaintiff to the Central Locomotive and Car Works of certain gondola cars.… Hilgers v. Gosselin Page 4165 In order to understand this complaint we must turn to the contract entered into between the plaintiff and the defendant upon the 23d day of October, 1918.… Siegel v. John Street Corp. Page 4166 This defendant owned two pieces of property, one upon the southeast corner of John street and Broadway and the other the property adjoining thereto to the east.… Percival Julius Werlich, called Captain Werlich, and Lucy Glover Werlich were married during the year 1903.… Weiss v. Cowdrey Page 4168 The defendant insists that the complaint does not state facts sufficient to constitute a cause of action.… This case has been before this court upon a prior appeal from a judgment in favor of the defendant.… In the month of June, 1914, the defendant entered into a contract in writing with the city of New York for the construction of a subsurface railway northerly from Battery Park, *364under Greenwich street to a point about seventy feet south of the southerly building line of Vesey street.… Brussel v. Deitsch Page 4171 This is the submission of a controversy relating to the construction of the will of Adolph Brussel who died on the 13th of March, 1891.… On the 19th of November, 1913, the plaintiff shipped from its plant at Schenectady, N.… People v. Frooks Page 4173 Section 118 of the Sanitary Code provides as follows: “ No person shall make, prepare, put up, administer, or dispense any prescription, decoction, or medicine, under any false or misleading name, direction, or pretense; nor shall any ingredient be substituted for another in any prescription, nor shall any false or… The demurrer was interposed upon the grounds that the complaint fails to state facts sufficient to constitute a cause of action and that there is a misjoinder of parties defendant in that the demurring defendant is not a necessary or proper party and that there is not and was not any privity of contract between the… Conlon v. Marsh Page 4175 John P. Conlon died at the city of New York on April 5, 1899.… Erdreich v. Zimmermann Page 4176 Defendants have appealed, by permission of this court, from a determination of the Appellate Term reversing a judgment recovered by the defendants in the City Court of the City of New York for $67.97, costs, upon a verdict of a jury who found for said defendants under direction of the trial court.… Mortimer v. Bristol Page 4177 This action was brought to recover the sum of $100,000 damages for breach of a written contract of employment *454whereunder the plaintiff entered the employ of the defendant, who was the general agent of the Northwestern Mutual Life Insurance Company in the boroughs of Manhattan and The Bronx, and whereby the… Tirrell v. Tirrell Page 4178 The plaintiff and defendant were married at Coaticook, Province of Quebec, Canada, on August 9, 1894.… Crown Embroidery Works v. Gordon Page 4179 The hearing on the demurrer was brought on by a motion by plaintiff.… Edwards v. Tennis Page 4180 The plaintiff brought an action to recover the final installment of $100 of the $1,000 mentioned in the following agreement: “ New York, May 2Ath, 1917.… People v. Rudowsky Page 4181 This is an appeal from a conviction of grand larceny in the first degree.… The complaint sets forth three causes of action, each alleging a separate contract in writing by defendant.… Valentine v. Gonzalez Page 4183 Appeal by plaintiff from an order granting a motion to vacate an order of arrest.… In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co. Page 4184 Appeal from a decree of the surrogate entered in a proceeding brought by the United States Trust Company, respondent, for a settlement of its account as successor trustee under the will of Theron R.… Field v. Chronik Page 4185 Bartlett Smith in his lifetime was seized of certain parcels of real estate among which was 148 West One Hundred and Twenty-second street, in the county of New York.… Wilson & Co. v. Hartford Fire Insurance Page 4186 The action is brought to recover upon fire insurance policies issued by the defendant.… The relator was the owner of two tracts of land which on the tax maps of the city of New York were divided into separate blocks and lots and each lot was separately assessed.… Seafir v. Shutts Page 4188 The justice at Special Term granted the motion for a change of venue, but on a reargument changed his decision and denied the motion.… Rose v. Heller Page 4189 This appeal is by the defendant from an order denying defendant’s motion to vacate an order permitting the plaintiff to serve the summons herein upon the defendant by publication or personally without the State.… R. & R. Handkerchief Co. v. Dix Page 4190 Appeal from a determination of the Appellate Term reversing a judgment of the Municipal Court, without a jury, in favor of plaintiff.… Brink v. Erie Railroad Page 4191 Reversible error was committed in the refusal to charge as requested, that if the jury find “ that the flagman, after the No. 1 train passed over, walked away from the crossing and failed to guard the crossing with sufficient care to warn the decedent’s automobile of the dangers of the approach of train No. 2, and… Richardson v. Nassau Electric Railroad Page 4192 We think the learned trial justice erred in his instructions to the jury as to the degree of care to be exercised by the motorman operating appellant’s trolley car.… Henn v. City of Mount Vernon Page 4193 The defendant appeals from an interlocutory judgment of the County Court of Westchester county sustaining a demurrer to the separate defense.… People ex rel. Hill v. Williams Page 4194 We think the action o1 the respondent district superintendent of schools in apportioning the debt is authorized by Laws of 1918, chapter 199, which repealed article 11-a of the Education Law (as added by Laws of 1917, chap.… Clarke v. Stumpf Page 4195 Although the first note had been renewed, and defendant Stumpf had written to plaintiff to wire and have the note recalled, it appears that in the channels of bank collection it reached Milwaukee, but was not properly presented, the demand being by telephone only.… I think that the judgment against the defendant railway company should be reversed because of errors in the charge of the learned court on the subject of contributory negligence.… Seagle v. Barreto Page 4197 There is nothing in the record to show any knowledge on the part of appellant of her husband’s wrongdoing.… The question here presented is: What interest is the relator entitled to receive upon the award which was made by report of commissioners confirmed on December 29, 1905?… Taylor v. Manning Page 4199 When this case was before this court upon defendant’s previous appeal from a judgment entered upon the verdict of a jury, we reversed the judgment and granted a new trial, “ for the reason that the learned trial justice erred in sustaining the objections to defendant’s testimony of his transactions and conversations… It is elementary that the province of the writ of habeas corpus is to bring up for review the legality of the commitment only, and not to invoke the chancery powers of the Supreme Court over the custody of infants except in the case specially prescribed by statute.… Brooks v. Brooks Page 4201 This is an action for divorce on the ground of adultery.… Guando v. Alpen Page 4202 This action was brought before a justice of the peace of the county of Nassau to recover a balance claimed to be due *568for work, labor, services and materials furnished.… Dreger v. International Railway Co. Page 4203 I concur with Mr. Justice Clark in his opinion upon the question of the defendant’s negligence, holding the evidence sufficient to warrant a finding against the defendant upon that question.… In re Franklin Trust Co. Page 4204 Upon this accounting of the executor’s proceedings, the Franklin Trust Company will hold the proceeds in the capacity of trustee under the 3d clause of this will.… Bryant v. Shaw Page 4205 This suit is based upon the following instrument: “ New York, March 6th, 1914.… Wilson v. Curran Page 4206 The performance of the work by the plaintiff according to the contract except a small part waived by the defendant, was found as a fact by the referee on conflicting evidence.… Brennan v. Adler Page 4207 Wilhelmina Zippelius died on the 31st day of July, 1915, leaving a last will and testament dated March 9, 1910, which was admitted to probate on the 25th day of August, 1915.… McCauley v. Brooklyn Steam Marble Co. Page 4208 There is no evidence in the record warranting the finding of the learned trial justice that “ plaintiff informed defendant, through its officers in charge of said transaction and negotiations, that certain violations had been filed in one of the Municipal Departments of the City of New York, against said premises… Remington Arms Co. v. Cotton Page 4209 The plaintiff has recovered judgment herein against the defendant for the sum of $13,396.64.… People ex rel. City of New York v. Nixon Page 4210 Most of the points argued on the appeal have been very fully considered in the very able opinion delivered by Mr. Justice Finch at Special Term (109 Misc.… Michael v. Cayey-Caguas Tobacco Co. Page 4211 This is a controversy between preferred stockholders and the company as to whether the preferred stockholders were entitled upon dissolution, after they had received the par value of their stock, to a further sum to the exclusion of the common stockholders.… Greenhall v. Davis Page 4212 Plaintiff as the trustee in bankruptcy of the Edward G.… Mulroy v. Tarulli Page 4213 The plaintiff, an experienced cab driver, was driving his horse and cab southerly on Queens boulevard on the morning of the 29th of June, 1917, and a commercial truck, owned by the individual defendants, which was being operated by one Coe, a mechanic in the general employ of the defendant company, going northerly on… Hartog v. Hines Page 4214 On August 8, 1918, at Jackson, Mich., certain cans of Malto Dextrine were delivered on the plaintiff’s behalf to the Director General of Railroads, operating the Michigan Central railroad, for transportation to the city of New York.… National Smelting Corp. v. Cutler Page 4215 This action is brought to recover damages for the breach of a contract claimed to have been entered into between plaintiff and the defendants, the firm of Cutler Brothers and a corporation, the Superior Metal Company, on or about April 9, 1918, at the city of New York, whereby the defendants were to sell and deliver… Liebster v. Friedman Page 4216 Plaintiff has moved for judgment on the pleadings consisting of the complaint and the demurrer.… Falcone v. National Casket Co. Page 4217 This action is to recover damages for the death of the plaintiff’s intestate, claimed to have resulted by reason of the negligence of the chauffeur of the defendant, for which the defendant is responsible.… The plaintiff, Joseph A. McAleenan, was insured by the defendant, Massachusetts Bonding and Insurance Company, against liability for damages for injuries to third persons caused in the operation of said plaintiff’s automobile.… Getty v. Roger Williams Silver Co. Page 4220 Defendant was engaged in manufacturing and selling silverware.… This action was brought on an assigned claim of the American Metal Moulding Company, a New Jersey corporation, for the sum of $275.50, being the balance of an account for goods, wares and merchandise sold by it to the defendant.… Paine v. City of New York Page 4222 The Hallowell Granite Company furnished the granite for the imposing entrance at the Manhattan end of the Manhattan bridge.… Morris v. Muldoon Page 4223 The action is brought by an employee against an employer, to recover damages for an injury sustained on June 21, 1915, while he was digging down at the corner of a building for the purpose of getting space to insert a cement pillar or post to more strongly support the building.… Strauss v. Erstein Page 4224 The question here for determination rests upon two contracts which are treated as one because of the relations of the parties.… Commoss v. Pearson Page 4225 The action is brought by the seller against the purchaser to recover for 220 net tons of steel plates “ for shipment during August, unforeseen delays permitting, at 10% cents per pound f.… Nole v. Abate Page 4226 The action is upon an undertaking and agreement made by the defendant with the plaintiff in connection with a *706composition agreement signed by creditors with one Savarese, against whom proceedings had been instituted in bankruptcy.… Dugundji v. Paico Page 4227 The plaintiff has had certain dealings with the defendant, who was a resident of Athens, Greece, for between five and six years back, and the tobacco here in question was sent by defendant upon plaintiff’s offer.… Ball v. Cross Page 4228 The action was to annul the marriage of the plaintiff and the defendant upon the ground that the defendant, at the time of her marriage with the plaintiff, had a husband living, from whom she had not been legally divorced.… Seiden v. Reimer Page 4229 The actions were brought by the infant plaintiff to recover damages for personal injuries, and by his father to recover for loss of services sustained by reason of the negligence of the defendants.… Townsend v. Whitacre Page 4230 This appeal is taken by the plaintiffs from an order of the Supreme Court at Special Term, sustaining defendant Whitacre's demurrer to the complaint.… This appeal is by the State Comptroller from an order of the surrogate of New York county modifying a previous order of the surrogate assessing a transfer tax upon the estate of George William Otis, deceased.… Sinica v. New York Railways Co. Page 4232 This action was brought to recover damages for personal injuries sustained by the plaintiff on January 21, 1917, while •a passenger in an automobile which collided with a crosstown street car operated by the defendant company, al the intersection of Fifth avenue and Eighty-fifth street, in the borough of Manhattan.… Plaintiff sues on a promissory note made on May 15, 1919, by defendant corporation to it for $65,000 and interest.… People ex rel. McCarthy v. Drennan Page 4234 While I agree that the relator was entitled to cross-examine the witness Murray, I believe that he is not now in a position to take advantage of the refusal to direct the witness to submit to cross-examination, because no motion was made to strike out the testimony of Murray after the commissioner had declined to… At the annual meeting of the stockholders of the Jamaica Consumers Ice Company, incorporated in this State in November, 1906, five of the fifteen directors elected were elected over other candidates by votes cast cumulatively by some of the stockholders.… The plaintiff’s intestate, a boy five years old, was killed by defendant’s automobile under the following circumstances, described in the opening of plaintiff’s counsel.… Anam Realty Co. v. Delancey Garage, Inc. Page 4237 It appears from the petition for leave to intervene that the action was brought to foreclose a mortgage made by the defendant Delancey Garage, Inc., to the plaintiff on or about May 8, 1919, upon certain leasehold premises in the county of New York.… Leonard v. Volz Page 4238 Jeanne Leonard was injured by the negligent operation of an elevator in the apartment house owned by the defendant, in which she was a tenant.… In this action to recover moneys had and received, the plaintiff alleges that on June 11, 1914, when Kelly, the president of the plaintiff corporation, made its check to defendant’s order for $36,207.68, there was due to defendant from the plaintiff the sum of $9,149.50 “ and no more,” and the demand is for judgment… Kelly v. National Bank of Whitehall Page 4240 No connection appears between the Baskt transaction of April 12, 1919, and the amount of the deposit which plaintiff had May 8, 1919, in the defendant bank.… Ackley v. Parsons Page 4241 By the contract of July 11, 1917, sued upon, the defendants were to purchase certain, real estate upon the terms stated" therein, the contract to be fulfilled at the convenience of the parties, but within ten days from that date.… Kelly v. Home Mutual Fire Insurance Page 4242 The complaint set up causes of action based upon policies of insurance issued by the defendants, and demands judgment for *765the amount of the several policies.… The State Board of Tax Commissioners has assessed the relator under the provisions of article 9-A of the Tax Law, as added by chapter 726 of the Laws of 1917, which provides, except as therein exempted, for a tax of three per cent on net incomes of manufacturing and mercantile corporations as a franchise tax for the… Philadelphia Motor Tire Co. v. Horowitch Page 4244 The plaintiff brought this action to recover $775, the amount of a check given in payment for certain automobile tires, together with protest fees and interest, payment having been stopped on the check.… Quirk v. Worden Page 4245 This is an appeal from an order of the court granting defendant’s motion for a new trial, in an action for negligence, on the ground that the verdict was contrary to the evidence.… Claimant’s intestate was injured on May 17, 1919, producing death on that day, while at work for the Brooklyn Rapid Transit Company, a self-insurer.… Melita v. Globe & Rutgers Fire Insurance Page 4247 This action was brought to recover upon three policies of insurance written upon the hotel property of the plaintiff.… No question is raised here but that the claimant suffered an injury resulting in the loss of one of his eyes while employed by the Southern New York Power and Railway Corporation.… The award herein is excessive. On September 11, 1918, claimant fell from a scaffold injuring his right testicle and sustaining a hernia.… This action was brought by the plaintiff upon a benefit certificate issued to her husband by the defendant on March 15, 1916.… The respondent is a domestic corporation, doing business as a co-operative fire insurance company in the town of Danby, Tompkins county, N.… Claim of Vogel v. American Chicle Co. Page 4253 The sole argument against this award is that the injuries of the claimant did not arise out of his employment.… Standard Slide Corp. v. Appel Page 4254 This plaintiff is a corporation manufacturing mica slides.… Leopold Beyer died on September 16, 1918.… Brody v. Brody Page 4256 In November, 1886, the parties hereto were married.… H. Muller & Co. v. Effangee Tobacco Co. Page 4257 Upon the amended complaint and the amended answer it appears that the plaintiff’s assignor made a contract to purchase from the defendant a certain quantity of tobacco which was to conform to certain specifications named in the *809contract.… Heaphy v. Kerr Page 4258 The defendants were stockbrokers doing business as Kerr & Company in the city of New York.… Schwen v. Kerr Page 4259 For reasons stated in the opinion of Heaphy v. Kerr (190 App.… Rogers v. Beaver Co. Page 4260 This is an appeal from an order denying a motion to change the place of trial of an action from the county of Saratoga to the county of Erie.… Smart v. East Side Club Page 4261 Caroline Smart, in her own behalf and of other bondholders, brought an action to foreclose a mortgage against the East Side Club, making such club and the trustee named in the mortgage defendants.… Claim of Prince v. Schwartz Page 4262 The deceased employee was a ticket chopper for the Inter-borough Rapid Transit Company and worked nights only.… Panster v. Wasserman Page 4263 The parties conducted .meat markets in Schenectady, nearly opposite each other, on South Centre street.… The State Industrial Commission has found that on the 14th day of April, 1915, William H.… In re Wentworth Page 4265 Mary E. Armstrong was the owner of a parcel of land in New York city, subject to the dower interest of her mother, Mary E.… Doyle v. Clauss Page 4266 The action is for libel in this letter written and sent by defendant to the-master of the plaintiff: “ Dear Sir.— In May last, I took the liberty to call your attention to a dishonest action on the part of one of your employees, to which your letter of May 23rd came to hand.… Behrman v. Pioneer Pearl Button Co. Page 4267 Plaintiff has brought this action to recover commissions and bonus alleged to be due him under contracts whereby defendant employed him as a salesman.… Van Doren v. Mackenzie Page 4268 Plaintiff, an attorney, in his complaint alleges that prior to July 17, 1916, at the special instance and request of defendant, he rendered and performed professional services for her as her attorney and counsel in various matters and laid out sums of money in her behalf, and that on July 17, 1916, defendant having… While the order appealed from upon its face purports to grant a motion to vacate an order for discovery, with leave to apply for an examination before trial under section 872, subdivision 7, of the Code of Civil Procedure, this is an error, for no such motion was before the court and no such order for discovery had in… Tanenbaum v. Higgins Page 4270 ' This action is brought by plaintiffs as assignees of L.… The action is brought to recover damages in the sum of $977.97 for failure on the part of the defendant Odell, while sheriff of the county of Suffolk, to perform his duty as required by law in not causing to be certified a certain warrant of attachment delivered to him for service as sheriff in an action then pending… Weider v. W. R. Grace & Co. Page 4272 The action is to recover the sum of $1,000 deposited by plaintiff with defendant under the following circumstances: The plaintiff, a dealer in paper, doing business under the name United Paper Company, offered to sell certain paper to defendant and the offer was accepted.… The only question involved on this appeal is whether the rule that general legacies shall not draw interest until one year after testator’s death applies to the legacy, constituting a trust, as found in the second paragraph of the will of William J.… Claim of Vaselento v. Kasenetz Page 4274 Claimant was working for a stone mason. On May 14, 1917, a piece of stone fell on his right toe, severely injuring the same.… Einhorn v. West 67th Street Garage, Inc. Page 4644 The defendant conducted a garage for the storage of automobiles, and plaintiff kept his automobile there.… The evidence is conflicting. If the appellants’ claim is right that the claimant continued to work from August 20 to December 11, 1918, at the same wages until the job was finished, and then, at his own request, was employed on a different job, at a less wage, but receiving the full wages of a well man, the award… The findings as above set forth suggest two theories on which it is sought to sustain this award, first, an injury arising in the course of the employment consisting of an abrasion of the nose caused by a wire on a bale of hay through which abrasion the anthrax infection entered the system of the deceased, and second… Compensation in this case has been computed on an erroneous basis.… The claimant, on the 24th day of August, 1916, received an injury to his right eye which resulted in the destruction of the sight of that eye.… Claim of Wanda v. Jamestown Brewing Co. Page 4649 Claimant’s husband and father of the daughter, the other claimant, had worked for the defendant, employer, for ten or twelve years previous to February 2, 1918.… Nelson v. Citizens Bank Page 4650 The single point presented by the appeal is whether three certificates of deposit issued by the defendant were negotiable instruments.… The John Kennedy Company took the contract for the erection of a hospital building known as the .House of Calvary at Featherbed lane and McCoombs avenue in Bronx county, pursuant to plans and specifications prepared by Robert J.… Scheff v. Lewis Page 4652 This is an action for damages for the breach of a contract for the sale and delivery of goods by the defendants to the Isaac Mendelson Company for the account of the plaintiffs.… The complaint contains two counts. In the first it is alleged that the plaintiff is a domestic corporation engaged in manufacturing garments from knit goods of the kind manufactured by the defendant, which .is also a domestic corporation; that on the 17th of January, 1917, defendant and one Isidore Meyer-son made an… Adler v. Levene Page 4654 The administrator presented to the Surrogate’s Court a petition describing two bank books, a policy of life insurance and three rings, alleged to be the property of the decedent but in the possession of the respondents Rose Levene, the mother of the decedent, and George Levene, her brother.… Lowe v. Stanton Page 4655 The point presented .for decision is whether the title of the defendant to certain premises in Bronx county, described in the •submission, which by a contract in writing, made on the 2d day of May, 1919, he^agreed to convey to one McQuilan, who assigned his rights under the contract to the plaintiff, was such that he… Maddaloni Olive Oil Co. v. Aquino Page 4656 This action grows out of a contract between the plaintiff and the defendants’ testator for the purchase of 300 barrels of Italian wine.… Levy v. Corn Page 4657 The issues of fact in this case were comparatively simple, and could have been tried in two days had the evidence been kept within the issues.… Levy v. Corn Page 4658 The order setting aside the verdict and granting a new trial has been reversed by this court (Levy v. Corn, No. 1, 191 *59App.… Helme v. Buckelew Page 4659 Section 1836-a of the Code of Civil Procedure provides: “An executor or administrator duly appointed in any other State, Territory or district of the United States or in any foreign country may sue or be sued in any court in this State in his capacity of executor or administrator in like manner and under like… The plaintiff brought an action against the “New York Material Men’s Mercantile Association, Inc.” At Special Term the complaint was dismissed.… The testatrix was a maiden lady about eighty years of age at the time of the execution of the will, and her nearest next of kin were second cousins of the half-blood.… Queen v. Benesch Page 4662 The defendant at the opening of the trial challenged the sufficiency of the complaint, in that the cause of action is based upon a contract, a copy of which is annexed to the complaint, and that the contract does not sustain the theory of the complaint.… Gilbert v. Rosen Page 4663 The plaintiff was a broker and dealer in stocks, specializing in bank stocks.… Lazarowitz v. Wolf Co. Page 4664 While we are reluctant to interfere with the control of the calendars by the justices of the Trial and Special Terms, we feel that we should do so where their action is based upon a misconception of the rules established by this court.… Ashton Holding Co. v. Levitt Page 4665 In December, 1915, the Scheer, Ginsberg Realty & Construction Co., Inc., as landlord, leased six buildings to Jacob Wiegan for a term of three years commencing January 1, 1916, and ending December 31, 1918, with the right to Wiegan to sublet the various apartments therein.… Colcord v. Banco de Tamaulipas Page 4666 The majority of this court held that the amended complaint in this case as to the first and second causes of action was insufficient upon demurrer and gave the plaintiff leave to amend.… Bencoe v. Christianson Page 4667 Mr. Justice Smith sufficiently states the facts in this case.… The amended complaint sets forth three separate causes of action.… Pedro y Seltzer, Inc. v. Brivio Page 4669 In one case the motion was made by the defendant himself.… Moers v. Handelsbank Page 4670 The action is to recover damages for the alleged breach of a contract of guaranty.… The question whether the estate of David Lydig is subject' to pay a transfer tax to the State- of Massachusetts or to the State of New York has been voluntarily submitted to the courts of this State by the Attorney-General of Massachusetts.… In re Common Council of Middletown Page 4672 The interest of the appellants is not stated clearly in the papers, but they were parties to the application before the County Court and their appearance is recited in the order appealed from and their answers and objections were considered and decided by the court.… The Prison Law provides no method by which the duration of the terms of prisoners sentenced to a State prison or penitentiary can be ascertained outside of the commitment papers.… By the will of William H. Tillinghast, deceased, probated January 2, 1903, he bequeathed his residuary estate to his executors in trust to pay the income to his wife during her life with remainder after her death in fee to his brother, a nephew and a niece.… The relator is a Connecticut corporation, with very broad powers.… Stoddard v. Stoddard Page 4676 This action was brought in the Municipal Court, a court of inferior and limited jurisdiction, to recover $700 — $500 for the support of the wife and $200 for the maintenance of two children, due between the 1st and 10th days of November, 1918, under the separation agreement which was before this court in Stoddard v.… Kmetz v. DeRonde Page 4677 This appeal is from a judgment rendered in favor of the plaintiff and against the defendants for $9,712.90.… Sonnak v. Walker Page 4678 Plaintiff’s affidavit fails to show that at the time this order was granted defendant was still a resident, but instead her affidavit indicated that defendant had changed her residence from New York to Wiscasset, Me.… Sonnak v. Walker Page 4679 The basis for the remedy of attachment is a resident’s continuous absence from the State, not generally, but for a particular period.… Ryan v. Sexton Page 4680 This action was brought by the plaintiffs to recover a certain fund, the proceeds of the sale of certain real estate in infancy proceedings, still claimed in law to be real property, upon the contention that the plaintiffs are the heirs of the deceased infant owner.… People v. Title Guarantee & Trust Co. Page 4681 This contract of sale, deed and mortgage were drawn as part of the examination and insuring property to be covered by defendant’s title policies.… Williams v. Gallatin Page 4682 The plaintiff, a taxpayer, brings an action in equity against the commissioner of parks, the city and the Safety Institute *172of America, Incorporated, to have an agreement in writing executed by said defendants annulled as illegal, null and void and to restrain the said defendants from acting under said agreement.… Longo v. Booth & Co. Page 4683 Plaintiff was one of a gang of longshoremen who were unloading cargo from hatch No. 3 (which was abaft the bridge) of the steamer Inverclyde, lying at the foot of Forty-second street, Brooklyn.… In re J. W. Rowe Co. Page 4684 The respondent is an attorney, admitted to practice in the State of New York.… Snare & Triest Co. v. City of New York Page 4685 This is an appeal by the plaintiff, The Snare & Triest Company, from a judgment entered upon the dismissal of plaintiff’s complaint at Trial Term, the plaintiff also appealing from an order denying its motion to set aside the direction of a dismissal of the complaint and for a new trial.… Johnson v. City of New York Page 4686 The plaintiffs, contractors, have recovered a judgment for $5,345.22 against the city of New York for damages caused by the suspension of their work in constructing a sewer.… In re Bronx Parkway Commission Page 4688 The Kraft award appears to be the chief subject of this appeal.… Termini v. Huth Page 4689 Although the appellant did not file a formal exception to the nonsuit (Code Civ.… Millspaugh v. Cassedy Page 4690 This suit was commenced in March, 1918, and was in equity to reform the articles of incorporation of the Higginson Manufacturing Company, a business corporation organized in November, 1898.… Both parties to this action are West Virginia corporations.… Acker, Merrall & Condit has a grocery store and owns a building which it partly occupies and part of the building is occupied by its tenants.… The plaintiff was arrested upon a complaint made by an agent of the defendant charging a violation of section 1141 of the Penal Law, in that he sold to said agent a book which was, in the language of the statute, obscene, lewd, lascivious, filthy indecent and disgusting.… Kelly v. Board of Education Page 4694 The action was originally brought against the city of New York and the board of education of the city of New York, but the complaint as against the city of New York was dismissed at the close of the plaintiff’s case.… Kelly v. Board of Education Page 4695 For the reasons given in the opinion in the case of Kelly v. Board of Education, No. 1 (191 App.… Article 9-a of the Tax Law, added by chapter 726 of the Laws of 1917, effective June fourth of that year, fixed a new franchise tax against manufacturing and mercantile corporations of three per cent on net income.… People v. Carlin Page 4697 The plaintiff has felt it necessary, or at least advisable, to ask leave to issue execution.… The Alpha Portland Cement Company was organized under the laws of the State of New Jersey on the 21st day of January, 1910, and began business in New York on the 6th of February, 1912.… The only question raised on this appeal is whether the Commission had any basis, in the evidence, to award the claimant as large an amount as was awarded to him.… People v. Jackson Page 4700 The district attorney of Richmond county filed an information against the defendant in the Court of Special Sessions of the City of New York for a violation of the Sanitary Code of the board of health of the department of health of the city of New York, and especially of section 163 thereof.… People v. Weber Page 4701 The crime for which defendant has been convicted is alleged to have been committed on the night of May 22, 1917, on the front seat of a Ford automobile.… The complaint herein prays that the deed referred to be reformed by striking out the description of two small pieces of land, upon the ground that the defendants had procured the plaintiff’s signature to such deed by fraud.… In re Clements Page 4703 This proceeding was instituted for the purpose of securing a peremptory writ of mandamus directing the president of the borough of Brooklyn and the commissioner of water supply, gas and electricity to remove certain poles and overhead wires from certain streets and avenues in the thirtieth ward, borough of Brooklyn… Town of Islip v. County of Suffolk Page 4704 In this action the plaintiff claims that it has been obliged to pay to the county of Suffolk sums in excess of the sum which said plaintiff was required to pay for the support of its poor in accordance with the Poor Law.… In re Estate of Humphrey Page 4705 In so far as the decision of the court relates to the gift of the bonds, I concur in the opinion of Mr. Justice Smith.… The State Industrial Commission has made conclusions of fact that “ On March 17, 1919, the day on which Saul Kass sustained the injuries which resulted in his death on that date, he resided at No. 690 Willoughby avenue, Brooklyn, New York, and was employed as a traveling salesman by Hirschberg, Schütz & Company with… The claimant on December 29, 1918, in the course of his employment hit his head against a desk.… This action was brought to recover railway charges, made in accordance with tariff rates duly published, posted and filed, for services in handling out-bound and in-bound freight in less than carload lots, and for transporting the same in ferry cars between the freight yards of the plaintiff and the mill yard of the… Claim of Nestor v. Pabst Brewing Co. Page 4709 The question in this case is whether any causal relation between the injury and death of the deceased has been established.… Board of Education v. O'Rourke Page 4710 The question on this appeal arises under section 464 of the Education Law and involves its construction.… As decedent’s work as lineman on defendant’s anchor bridge, which spans its main Une, was on an instrumentality of inter- ' state commerce, defendant’s liability, if any, must -be sought under the Federal Employers’ Liability Act (35 U.… Schieffelin v. Hylan Page 4712 Appellant’s first ground in justification or excuse is that this transaction had already been legally effected, so as to need but formal, and unimportant documents for its completion.… County of Orange v. Storm King Stone Co. Page 4713 The land to be taken for this highway is made a charge on the county of Orange.… Farrell v. Brady Page 4714 The complaint herein charged that Brady had dealt improperly with this trust; in substance that he had failed to account.… Liverani v. John T. Clark & Son Page 4715 Before hooking on to this ringbolt, the foreman stevedore saw in its appearance something that started inquiry as to its strength and sufficiency.… This recovery, if sustained, puts on the employing stevedore a stringent obligation quite beyond the field and work of loading.… People v. Atwater Page 4717 On the 21st day of June, 1918, the defendant, together with Gilbert F.… People v. Risico Page 4718 Without reviewing the facts it is sufficient to say that the evidence amply supported the conviction.… In re Chauncey Page 4719 The Pinelawn Cemetery is a corporation organized in 1902 pursuant to the Membership Corporations Law as it then existed (Laws of 1895, chap.… Charles Meads & Co. v. City of New York Page 4720 The complaint demands judgment for $76,701.65 and interest from February 27,1914.… Beiner v. Nassau Electric Railroad Page 4721 The plaintiff was driving the first of a line of three wagons in a city street, when the defendant’s electric street surface *372passenger car overtook and ran down the third wagon.… Fenning v. Laskas Page 4722 The plaintiff rented defendants’ premises to be used as a saloon.… People v. Cascia Page 4723 About eight o’clock on the evening of Sunday, the 24th of November, 1918, three men entered a little grocery store at No. 100 Harrison street, Brooklyn, kept by Pasquale Della Mura and Lucia, his wife, and at the point of a revolver took $150 from the money drawer.… In re Bronx Parkway Commission Page 4724 This proceeding was instituted to have fixed the compensation to be paid for certain real property acquired by the *388Bronx Parkway Commission pursuant to chapter 594 of the Laws of 1907, as amended by chapter 757 of the Laws of 1913.… Fairfax Hotel Co. v. Barrios Page 4725 This action was brought to recover the sum of $1,200 on an assigned claim from Hubert Georgin and Arthur Lambert for payments of $300 due to each of them, on December 1, 1917, and on January 1, 1918, under an agreement in writing between them and the defendant.… Davis v. Friedman Page 4726 The demurrer was interposed on the ground that the complaint fails to state facts sufficient to constitute a cause of action.… Cohen v. Holmes Page 4727 The order recites that the motion was denied for laches and on the ground that the defendant failed to satisfy the court that the additional defense and counterclaim sought to be pleaded are meritorious.… Grant v. Abrash Page 4728 Defendant is a manufacturer of silk goods.… Kalman v. Reubel Page 4729 The action is brought to recover $4,000 on a claim assigned to the plaintiff by the Pensacola Fertilizer and Oil Company and one Hunger, its fiscal agent, for the purchase price of capital stock sold and delivered to one Kroder, whose estate the defendants represent, and for $5,000, being the purchase price of… W. N. Stevenson & Co. v. Hartman Page 4730 The trial court took a special verdict on two issues and then directed a general verdict for the defendant.… Kaminsky v. Klasko Finance Corp. Page 4731 This is a suit in equity to enjoin the execution of a final order in a summary proceeding instituted by the defendant against plaintiffs for the possession of premises owned by defendant in the county of Bronx, known as Nos. 965-1005 Prospect avenue.… Fischer v. Ginzburg Page 4732 On the 22d day of March, 1919, the New York Life Insurance and Trust Company, as trustee, plaintiffs’ predecessor in title, owned the premises and by an instrument in writing and under seal leased them to the defendant Ginzburg for the term of three years from May first thereafter.… The pleadings consist of a complaint and an answer which puts in issue the material facts alleged.… This appeal is from an order of the Surrogate’s Court of New York county vacating and annulling a prior order of said court made November 5, 1919, granting temporary administration of the estate of Theodore P.… This appeal is by the children and executors of Edmund Schmoll, deceased, from the order of the surrogate of New York county affirming the order of said surrogate fixing and assessing the tax upon certain transfers of decedent’s property pursuant to the law relating to taxable transfers of property.… People ex rel. Harris v. Mallon Page 4736 These appeals are taken by thé district attorney of New York county in behalf of the People of the State of New York from orders sustaining writs of habeas corpus as to the respective relators and discharging said relators from custody.… Furniss v. Cruikshank Page 4737 This action is brought to compel an accounting for the acts of a deceased testamentary trustee.… In re Toplitz Page 4738 Emma Ida Toplitz died April 29, 1916, a resident of New York county, leaving a last will and testament, which was thereafter duly admitted to probate by the Surrogate’s Court of said county, and letters testamentary thereon issued to the executors therein named, who were also named as trustees of said will.… People v. Glass Page 4739 The only evidence in the record before us that the defendant committed the perjury charged in the indictment is found in the testimony of the stenographer of the County Court of Queens county that upon a trial in that court in the year 1918, this defendant, called as a witness for the prosecution, upon direct… Ruppenthal v. Nassau Electric Railroad Page 4740 I am not prepared to say that as matter of law plaintiff contributed to the casualty, but I do think that the facts did not justify a verdict that exculpates her from contributory negligence.… Riley v. Standard Oil Co. Page 4741 The accident in which the infant plaintiff met with his injuries occurred at a time when the driver of defendant’s truck was engaged, contrary to his instructions, in a personal errand.… Goldstein v. Rosenberg Page 4742 The learned trial justice has considered the objections to the title presented by the plaintiff on the closing day and we agree with his conclusions in his opinion filed.… Lande v. L. & S. Construction Co. Page 4743 The plaintiff’s injury was a serious one.… Lopp v. Lopp Page 4744 Instead of containing denials of the material allegations of the causes of action in the complaint in the usual manner, the answer sets up these denials under the captions of a “ first defense ” and a “ second defense,” coupled with a statement of evidentiary matter, designed to explain the denials, which have no… Feeney v. Young Page 4745 This action is brought under the Civil Rights Law (§§ 50, 51, as amd.… Klink v. Hershon Page 4746 The complaint alleges two causes of action, the first, to recover the weekly compensation agreed to be paid this plaintiff as a salesman from the date of his employment, June 1, 1918, to the date on which he claims he was wrongfully discharged, June 22, 1918; the second, to recover as damages for the breach of the… Thorburn v. Gates Page 4747 The action was by a resident creditor to have administered the real and personal property of the testator’s estate situated within this State, and to have the same applied in satisfaction of his debt.… Katz v. Waneta Realty Co. Page 4748 These two actions, one by the guardian ad litem for an infant and the other by the father of said infant, were brought to recover damages for negligence and were tried together at a Trial Term of the City Court of the City of New York.… Beekman v. Stern Page 4749 On the 9th of April, 1914, plaintiff’s predecessor in title executed a lease for the term of ten years from May 1, 1914, of the premises No. 422 West Fortieth street, on which there was a five-story flat with a three-story building in the rear thereof, to the decedent, Joseph Stern, who died on the 2d day of November… Biggs v. Steinway & Sons Page 4750 Mr. Justice Gavegan, before whom the issues were tried, wrote a well-considered opinion, properly disposing of the principal points; but in view of the importance of the litigation and the novelty of the questions presented, we deem it necessary to add some further observations in support of the judgment.… Parsons v. Parsons Page 4751 This is an action by a husband for a divorce.… Grimm v. Maurocordato Page 4752 Frieda Grimm was a janitress of a building owned by the defendant and part of her duty'involved the use of the dumbwaiter and the taking of garbage out of the building which was sent down to the basement by the dumbwaiter.… The action is brought by the plaintiff to recover from the defendant the purchase price of a quantity of copper oxide, which was sold by the plaintiff to the defendant on the 8th day of June, 1917.… Matthes v. Benn Page 4754 This plaintiff sold to this defendant some goods which were to be made up in boys’ suits.… Heig v. Caspary Page 4755 Plaintiff sues as trustee in bankruptcy of the corporation known as Joseph Meyer & Co., Inc. The business of Joseph 'Meyer & Co., Inc., was buying, selling and trading in laces and kindred merchandise.… Kline v. New York Tribune, Inc. Page 4756 Plaintiff appeals from an order opening the default of the defendant in failing to serve a bill of particulars.… Lucile Ltd. v. Schrier Page 4757 This is an appeal from an order restraining the defendants pendente lite from using the word “ ‘ Lucille ’ in their trade name, ‘ Lucille-Byrd.’ ” The learned Special Term justice granted the order merely to the extent that the defendants were not to use the word “ Lucille ” in any manner in their business in form and… Surut v. Surut Page 4758 The action is for separation and has not yet been tried.… Anderson v. Malley Page 4759 The plaintiff claims to have been employed by the defendants as an agent to solicit business for a concern known as the Sun Navigation Company, owned and controlled by the defendants, on the agreement to pay for such services the sum of $50 each week plus ten per cent of the gross amount of business which the… Drennan v. Hampton Page 4760 The action was brought by the fire commissioner of the city of New York against Howard Hampton, agent of the Hartford Fire Insurance Company, a foreign fire insurance corporation organized under the laws of the State of Connecticut, to recover a balance of $1,932.41 alleged to be due on account of the two per cent of… In my opinion the complaint in this action does not state facts sufficient to constitute a cause of action for equitable relief.… Liberty National Bank v. Prime Page 4762 The pleadings consisted of an amended complaint and a demurrer upon the ground that the amended complaint .did not state facts sufficient to constitute a cause of action.… This court upon the former appeal in this case held that the dismissal of the complaint by the trial court was error, for the reason that an issue of fact for the jury was presented upon the proofs as to whether Valentine, through whose alleged fraud the plaintiff’s assignors parted with the check for $24,906.25, was… Motor Car Equipment Co. v. Abeles Page 4764 In January, 1919, one James A. Abeles was the vice-president and general manager of the plaintiff.… Here are cross-appeals from an order denying a motion by the plaintiff to compel the defendant to enter judgment upon the report of the referees herein, “ unless within twenty days after the entry of the order herein plaintiff shall stipulate that the judgment to be entered shall contain a provision for the payment of… Ward v. Andersen & Co. Page 4766 Defendant appeals from an order denying a motion to vacate an ex parte order for its examination before trial.… Bostwick v. Hall Page 4767 This is an action to foreclose a mortgage executed m the year 1895 by the trustee under the will of Eliza D.… Hood v. Stowe Page 4768 Church street in the city of Elmira extends easterly and westerly and is crossed at right angles by Baldwin street extending northerly and southerly.… The question in this case is whether the accident arose out of the employment.… Pecue v. West Page 4770 This is an action for libel. The New York Civic League is a corporation.… Cleveland v. Clark Page 4771 The contract of July 3, 1917, between the parties, provided that the defendant should deliver f.… The certificate of reorganization changes the common stock to stock without any nominal or par value, and provides that upon the liquidation, distribution of capital assets, dissolution or winding up of the corporation the assets and funds shall be distributed, so far as the same may lawfully be done, among the… Claim of Gisner v. Dunlop Page 4773 The employer was carrying on a small farm and a small trucking business.… The question is certified upon the following findings of fact: While said James B.… Union Ferry Co. v. Fairchild Page 4775 The demurrer of the plaintiff to the answer required an examination of the complaint to determine whether the allegations therein are sufficient to constitute a cause of action, (Baxter v. McDonnell, 154 N.… The claimant has been awarded $15.08 per week for a period of two hundred and forty-four weeks for the loss of a hand.… Claim of Vaughn v. Barnet Leather Co. Page 4777 The claimant was injured while at work on a rolling machine in the Barnet Leather Company’s factory, and there is no question as to the character of the injuries.… Deyo v. Hudson Page 4778 This is an appeal from an order of the Tioga Special Term, entered in Broome county, overruling defendants’ demurrer to the complaint, said demurrer having been interposed upon the sole ground that causes of action have been improperly united and that this appears upon the face of the complaint.… People v. Chapman Page 4779 The defendant was charged in the indictment as follows: That the defendant on July 24, 1918, “ did wilfully and feloniously set on fire and burn a certain vacant dwelling house ” belonging to the defendant in the town of Fort Edward.… Claim of Hess v. Donner Steel Co. Page 4780 On the 6th day of November, 1918, at ten a.… On the 19th of November, 1917, Felix Graffe, husband of the claimant, was working, night-shift, for the Art Color Printing Company of New York city.… Carr v. Morris Page 4782 On the 25th day of February, 1915, the defendants gave to the plaintiff a mortgage upon their farm situate in Otsego county, N.… Lasher v. Rivenburgh Page 4783 Two actions were brought by the plaintiff against the defendant to recover the several amounts due upon three promissory notes — one dated January 15, 1917, for $100, due two months from date; one dated January 24, 1917, for $160, due three months from date, and one dated January 25, 1917, for $145, due four months… Lagoy v. Director General of Railroads Page 4784 The Rutland Railroad Company is a domestic corporation and operates a railroad between the city of Rutland in the State of Vermont and the city of Ogdensburg in the State of New York.… On the 27th day of November, 1916, one F.… Bruggemann v. Bruggemann Page 4786 This action is limited divorce for cruel and inhuman treatment.… Brown v. Lehigh Valley Railroad Page 4787 This action is under the Federal Employers’ Liability Act (35 U.… Gaffney v. People's Trust Co. Page 4788 On the 20th day of January, 1909, one C. Frederick Hess was the owner of twenty-one shares of the capital stock of the Binghamton Trust Company, a banking corporation organized under the laws of the State of New York.… The relator asserts that the State Tax Commission, in computing, for the purpose of laying a franchise tax under chapter 726 of the Laws of 1917, that share of the net income of relator which was derived from sources within the State, did not correctly apply the formula prescribed by section 214 of the Tax Law, as… Claim of Evans v. United States Railroad Page 4790 The claimant was a brakeman on a local freight running between Watertown and Ogdensburg.… Claim of Fox v. Bachnor Bros. Page 4791 The claimant has been awarded compensation for ninety per cent of the loss of the use of the right leg, at a rate calculated upon the basis of a weekly wage of nine dollars.… People v. Brown Page 4792 The evidence in this case failed to support the information.… Reimer v. Naughton Page 4793 The record presented to the court upon this appeal is very unsatisfactory, but we must dispose of the case upon that record.… Rosenwasser v. Rosenwasser Page 4794 The husband seeks this examination before trial merely to see if he can bring out some basis for the defense he has raised.… Belmont v. City of New York Page 4795 The appeal is from a judgment of nonsuit at the outset of the trial.… Estes v. Curtiss Aeroplane & Motor Corp. Page 4796 The plaintiff manufactures lumber. The defendant was constructing aeroplanes for the government and needed lumber.… People v. Salter Page 4797 Upon the charge of practicing dentistry without a license, in violation of section 203 of the Public Health Law, the defendant, a dentist, was convicted as a first offender and was sentenced to the workhouse for 60 days.… Slomka v. Nassau Electric Railroad Page 4798 I think that the defendant should hold the verdict.… Neubauer v. Nassau Electric Railroad Page 4799 The action was brought to recover damages for personal injuries which the plaintiff claimed to have sustained through the negligence of the defendant, in consequence of which one of the defendant’s cars collided with an automobile truck driven by plaintiff, at or near the intersection of Avenue J with Ocean avenue, in… Brooklyn City Railroad v. Whalen Page 4800 The city of New York has no power or authority to operate bus or stage lines in its streets unless it be found in a grant from the People, represented in the Legislature.… Greenslete v. Ferguson Page 4801 The defendant had carried on the grocery store in the little village of Broadalbin for about sixteen years.… Laut v. City of Albany Page 4802 On the afternoon of July 30, 1918, the defendant the city of Albany by some previous arrangement had with the defendant the Standard Oil Company placed upon the macadam surface of one of its streets, known as the Southern Boulevard, oil, liquid tar or road material, generally used for that purpose.… Frank Saccomanno, section foreman, in the employ of the appellant Grasse River Railroad Corporation, was instantly killed on October 22, 1918, at about six-forty-five a.… Claim of Kolpien v. O'Donnell Lumber Co. Page 4804 The O’Donnell Lumber Company is a corporation which runs a planing mill at Dunkirk, N.… The Addison Electric Light and Power Company is located at Addison, N.… Flinn v. Springsteel Page 4806 The Pittsburgh Contracting Company, from whom plaintiffs acquired the rails in January, 1915, had contracted for the construction of that portion of the Catskill aqueduct known as contract 52 at Elmsford, N.… Longacre v. Yonkers Railroad Page 4807 The infant plaintiff, five and one-half years of age, with his brother, seven years of age, were passengers upon one of the defendant’s street railroad cars on March 14, 1913.… The plaintiff’s church building is located on the northwest comer of Hanson place and St. Felix street in Brooklyn.… The facts in this case are stated in the opinion of Mr. Justice Rich.… The contract for the sale of the real property was made on the 17th of June, 1919.… People v. McPorland Page 4811 This appeal presents the question whether an accomplice was corroborated by evidence which tended to connect the defendant with the commission of the crime.… People ex rel. James v. Nevin Page 4812 The relator was committed to the State Custodial Asylum at Newark, -N.… This is an action to recover moneys claimed to be due plaintiff for rent of certain real estate and water privileges, and the determination of the case involves title to water rights at Dolgeville, N".… In re Dean Page 4814 The village of Wilson is incorporated, and in the year 1915 it took proper steps to pave a sixteen-foot strip in the center of a portion of Young street in that village.… Miller & Sons Co. v. E. M. Sergeant Co. Page 4815 Both parties moved for a direction of a verdict, and only questions of law are presented by this appeal.… Holmes v. Crane Page 4816 This is an action by minority stockholders of the St. Joseph Lead Company, which will be referred to as the company, a domestic corporation, in the right of the corporation, against Clinton H.… Wickwire v. Warner Page 4817 TMs is an action in equity brought to restrain the use by the defendant of the plaintiff’s subscription for 200 shares of $100 each of a proposed increase of the preferred capital stock of the Fulton Steel Corporation, a domestic corporation, whose principal office and place of business were in the city of Fulton, in… Feil v. Feil Page 4818 Charles P. Feil gave the original mortgages in violation of the plaintiffs’ rights and, after the judgment reforming the deed by establishing the plaintiffs’ life estate in the property, it was his legal duty to pay the interest on the mortgage and to preserve the life estate from suffering by it.… Simpson v. Atlantic Coast Shipping Co. Page 4819 The plaintiff is a longshoreman. The defendant was loading and unloading vessels at Norfolk, Va., and employed the plaintiff upon this work.… Housman v. Waterhouse Page 4820 On June 16, 1910, Charles S. Waterhouse, Maurice Resher and Leo M.… As this case is so closely connected with that of Fisher against the defendant bank, a somewhat detailed statement of facts is necessary to the proper understanding of the present case.… Brigham v. City of New York Page 4822 The action is brought to recover a balance of salary claimed to be due.… Keister v. Wade Page 4823 The action was upon a promissory note made by the defendant, payable to the plaintiff.… People v. Wansker Page 4824 The defendant, a woman 44 years old, was tried upon an indictment for murder in the first degree for shooting Silver-berg to death on April 7, 1919, and was convicted of manslaughter.… People ex rel. McCourt v. Whalen Page 5497 The New York county board of canvassers, of which the relator is chairman, met and organized pursuant to the Election Law for the purpose of canvassing the vote of the election of November 2, 1920.… Claim of Insana v. Nordenholt Corp. Page 5498 The appellants contend that the notice of injury and death required by section 18 of the Workmen’s Compensation Law was not given to the employer and that death was caused by acute cardiac dilatation, chronic valvular disease of the heart, and that the accident alleged to have happened to the deceased in no way… Claim of Halletz v. Wiseman Page 5499 The employer, Wiseman, was a stock farmer at Union Corners, Bronxville, N.… Claim of Martin v. Henry Card & Co. Page 5500 Previous to June 29, 1919, the claimant, Bert 0.… In re Kohler Page 5501 After a careful consideration of the will of Charles Kohler I find myself unable to accept the constructions placed upon it in the opinions of my brother Merrell, the surrogate or the distinguished referee.… Claim of Raina v. Standard Gas Light Co. Page 5502 The appellant, employer, is a self-insurer in New York city.… Lang v. Interborough Rapid Transit Co. Page 5503 The defendant operates a subway electric train sérvice running through the boroughs of The Bronx and Manhattan, in the city of New York.… Flannery v. 15 West 44th Street Co. Page 5504 The mortgage was executed on the 12th day of May, 1914, by the defendant, a domestic corporation, to the plaintiff, as *65collateral security for its bond to her bearing even date therewith.… The injunction order contains a provision staying its enforcement pending an appeal therefrom by the appellant or until the trial and decision of the issues herein if appellant shall stipulate for an immediate trial at Special Term and provides that if appellant shall neither so stipulate nor appeal, then plaintiff is… The 6th paragraph of the will is a strong indication Shields v. Consolidated Gas Co. Page 5507 This is an action for damages for personal injuries alleged to have been caused by the negligence of the defendant by leaving open and unguarded an excavation in Columbus avenue near the curb at the northwesterly comer of One Hundred and First street in the line or partly on the line of the northerly crosswalk of One… In re Storey Page 5508 The respondent was admitted to the bar at a term of the Appellate Division, Second Department, in November, 1912.… The defendant’s tracks on Fifty-ninth street, laid upon the authorized grade of the street and built upon a permanent underground structure of steel and concrete, were established and have been maintained ever since 1897, at the grade then fixed by the then city authorities under express delegated authority from the… Shevlin v. Schneider Page 5510 This is a statutory action (See Code Civ.… The claimant received an injury in the course of his employment through an accident arising out of the employment by which he sustained a loss of the first phalange of the first finger, a loss of the first phalange of the thumb, together with the greater part of the second phalange.… Herrman v. Hartwood Holding Co. Page 5512 This is a suit in equity to compel the defendant to restore a party wall to its condition before it was interfered with by building operations conducted by the defendant, and to compel the defendant to remove certain encroachments made by the defendant upon the plaintiff’s premises and upon his easement in the party… The deceased employee for whose death this award was made sustained a double hernia while assisting three other workmen in lifting the body of an automobile for his employer, the Pierce-Arrow Motor Car Company.… Smith Co. v. Moscahlades Page 5514 This is an action to recover the sum of $13,040, being the unpaid balance of the purchase price of 400 casks of codfish which plaintiff sold to defendants.… People v. Raport Page 5515 Defendant upon conviction was sentenced to pay a fine of twenty dollars which fine was paid.… Ayers v. Houston Page 5516 This is an action to recover damages for the breach of a contract to convey real estate.… The claimant, while working at his machine, was at fault in disobeying instructions and his injury resulted therefrom.… United States Trust Co. v. Taylor Page 5518 This case turns upon the question as to whether the “ next heirs by blood ” of the testator should be determined as of the date of his death or as of that of the life tenant.… Bulova v. Barnett Page 5519 The questions directly involved in this case were quite simple and were correctly decided by the Appellate Term (111 Mise.… The defendant is a foreign corporation, organized and existing under the laws of the Kingdom of Italy, and having its place of business in Venice.… Thorburn v. Mitchell Page 5521 The attorney for the respondent on this motion contends that the administrators with the will annexed of the estate of John W.… People v. Murphy Page 5522 The facts have been quite fully stated in the opinion of Mr. Justice Clark, but I think a little more should be said about the mental condition of Michael Murphy, whom the defendant has been convicted of murdering.… Cooper-Snell Co. v. State Page 5523 I think it was not necessary to refile these claims to comply with the ptovisions of the act of 1918 (Laws of 1918, chap.… People v. Brown Page 5525 The defendant Brown and some seventeen other persons were indicted for the crime of riot as defined by section 2090 of the Penal Law.… Blek v. Davis Page 5526 The appellant, landlord, insists that the act of the Legislature, Laws of 1920, chapter 137, is unconstitutional in so far as it authorizes a court or judge or justice to stay the execution of a warrant in summary proceedings for such period, not more than twelve months, as the court, judge or justice in its or his… In re Hodgskin Page 5527 The respondent was admitted to the bar at a General Term of the Supreme Court in the Second Department in February, 1889.… Nobis v. Nobis Page 5528 This action is brought on the complaint of a minority stockholder asking that the appellants be enjoined and restrained from disposing of any of the assets of the defendant corporation and that a receiver be appointed.… Stoothoff v. Stoothoff Page 5529 The learned justice before whom the proofs were taken denied relief to plaintiff upon the ground that “ The proof of misconduct on the defendant’s part while living in Florida is to my mind, unconvincing.” It appeared upon the trial that the plaintiff and defendant lived together as husband and wife in Queens county… Crouch v. Crouch Page 5530 The action is for a separation. Notwithstanding ■ the numerous allegations in the complaint, the only cause of action stated therein is for abandonment.… The question presented on this appeal is whether the defendant gas corporation has the power under the provisions of the Public Service Commissions Law (§ 66, subd.… Gray v. Breckheimer Page 5532 Defendant Louis Breckheimer was adjudicated a bankrupt on the 30th day of June, 1918, He had been in business, *232keeping a butcher shop, and on January 11, 1915, purchased the premises in question, No. 1697 Nostrand avenue, Brooklyn.… When this case was previously before the court, we held that the contract required the defendant to give the delivery order for the second 100 lathes when “ 50 of the first order have been delivered, according to contract.” Fifty of the first order were manufactured and delivered f.… Wood v. Dock & Mill Co. Page 5534 The action was brought by the plaintiffs, judgment creditors, against the defendant, the alleged employer of the judgment debtor, to recover from the defendant the earnings of the judgment debtor to the extent of ten per centum thereof, alleged to have been secured under the lien of an execution issued pursuant to… Eddy v. City of Buffalo Page 5535 This is an appeal from an interlocutory judgment sustaining a demurrer to the complaint.… This is an appeal from a judgment entered in the Erie county clerk’s office on the 24th day of' September, 1919, in favor of the defendant dismissing the complaint.… Miller v. International Harvester Co. Page 5537 The complaint in this action alleges that the plaintiff is an infant more than eighteen years of age; that he was employed by one Garlock as a farm helper; that defendant is a corporation engaged in manufacturing kerosene oil tractors; that the defendant sold and delivered to Garlock a tractor; that the defendant, at… People ex rel. Hofeller v. Buck Page 5538 This is an appeal from an order of the Special Term granting a peremptory writ of mandamus requiring the removal of twenty-five news-stands from the public streets of the city of Buffalo.… Schuyler v. Kirk-Brown Realty Co. Page 5539 The defendant, as party of the first part, entered into a contract with T.… This action was submitted on an agreed statement of facts in pursuance of sections 1279 and 1280 of the Code of Civil Procedure.… Alfred University v. Frace Page 5541 Lydia S. Bridgeman, whose property is the subject of this litigation, an aged resident of Allegany county, died at the home of defendants Frace on the 8th day of May, 1912.… Holbrook v. Holbrook Page 5542 To maintain this suit plaintiff has to show that she, as an afterborn child, has been “neither provided for, nor in any way mentioned ” in her father’s will.… The decree under review laid stress on the provision that each $10,000 legacy in trust is to be a “ vested interest in each of them on their respectively attaining the age of twenty-one years or marrying which shall first happen nevertheless to be held by the said company [no punctuation here] Upon the trusts… The statutes of the State have provided a method for the review by certiorari of assessments for taxation, but have prescribed certain conditions which must be complied with by the relator to entitle it to the writ.… Roth v. Adirondack Co. Page 5545 The appellant argues that at the time of the accident on August 26,1918, the plaintiff was its employee engaged in its service; that the negligence of the driver of the automobile in which she was riding was the negligence of a fellow-servant for which defendant was not liable, and that the plaintiff must seek… Lipari v. Bush Terminal Co. Page 5546 On April 3, 1917, the defendant’s five-and-one-half-ton open automobile truck, fully loaded with merchandise, went from Brooklyn to Manhattan to make deliveries.… These are certiorari proceedings to review the determination of the Public Service Commission of the State of New York, Second District, (1) in denying the petitions of the Erie Railroad Company and the New York Central Railroad Company for the revocation of the certificate of necessity and convenience of the Frontier… Vadney v. United Traction Co. Page 5548 There is no dispute that the plaintiff was seriously injured in a collision between one of the defendant’s street cars and a sleigh in charge of the plaintiff in the early morning of December 24, 1917.… Edwards v. MacArtney Page 5549 Whether the plaintiff has legal capacity to sue in behalf of the beneficiaries of the alleged trust; whether the plaintiff is the real party in interest, and various other questions which might be suggested, are not before the court on this appeal, as the record discloses no such issues of law or of fact.… Claim of Finkelday v. Henry Heide, Inc. Page 5550 The finding of the Commission is that at the time of the accident consisting of a fractured wrist “ the claimant had a syphilitic infection, and the injuries which he sustained were the activating cause in calling into activity general paresis.” It does not appear whether his unfortunate affliction results from the… Claim of Fosket v. A. J. Buschmann Co. Page 5551 .Robert J. Fosket, aged twenty-four years, received injuries from which he died almost immediately while employed by A.… Woolson Spice Co. v. Columbia Trust Co. Page 5552 We agree with the learned justice at Special Term that neither the possibility of prosecution under the Federal AntiTrust Law* nor the possibility of indictment under statutes of other States furnishes proper grounds for defendant Nielsen’s refusal to answer the questions to which objection was made.… Claim of Boals v. Pennsylvania Railroad Page 5553 The injured employee was a laborer in the roundhouse at Canandaigua and was, at the time of his injury, dumping ■ ashes from an engine which had recently come in carrying interstate freight.… Betor v. City of Albany Page 5554 One O’Neill maintained a cellarway extending from the house line into the sidewalk, and a frame erection prevented pedestrians from falling into it from the side, or at one end; the other end apparently was open.… It is clear from a reading of the opinion of the learned surrogate in disposing of this motion that he would have granted the contestant a measure of the relief asked if he had not felt that he was controlled by the decision of the court in People ex rel.… This proceeding is for the probate of a will, and Fannie N.… A fair statement of the facts in this case which are supported by evidence rather than the assertion of counsel leads irresistibly to the affirmance of the decree of the surrogate.… Ensign v. Travelers Insurance Page 5558 The plaintiff has recovered a judgment for the loss of the life of her husband, Edwin W.… The business of the employer was to furnish burglar and watchman service.… Claim of Begendorf v. Swift & Co. Page 5560 The claimant, who was receiving twenty-five dollars a week as compensation from his employer, also received on an average five dollars per week as tips from the customers of the latter.… Boyle v. A. C. Cheney Piano Action Co. Page 5561 The complaint alleges that the plaintiff was employed by the defendant in its factory; that while so employed he was seriously injured by the negligence of the defendant; that the defendant failed to supply the plaintiff with a safe place to work; that it directed him to undertake dangerous work; that it maintained… The principal question involved here is whether or not certain sums of money received from sales of annuities annually by a life insurance company during the years 1914 to 1917, inclusive, are to be regarded as “ premiums ” so as to enter the computation which determines the franchise tax assessable against relator… Houlihan v. S. Bolton's Sons Page 5563 On the 27th day of May, 1913, the plaintiff, by an instrument in writing, leased her hotel or saloon property in the village of Waterford, Saratoga county, N.… In re Berkovitz Page 5564 On November 14, 1919, at the city of New York, the petitioners, composing the firm of Berkovitz, Goldsmith & Spiegel, acting by their duly authorized agent, Bernstein & Frank, Inc., entered into an agreement in writing with Arbib & Houlberg, Inc., for the sale to the latter corporation of about 19,000 Patna goatskins.… Epstein v. Werbelovsky Page 5565 The main purpose of this trust was to secure to these two minors the income of this property.… Valley Farms Co. v. City of Yonkers Page 5566 The plaintiff herein seeks to have adjudged void and canceled of record certain assessments against its property, levied’ for the purpose of paying for the construction and maintenance of the Bronx Valley sewer, and this necessarily involves the constitutionality of certain provisions of chapter 646 of the Laws of… This action was brought to recover the amount of a judgment which plaintiff had been compelled to pay to Harry Barnsley *440for injuries received by him in attempting to enter an elevated railroad train operated by plaintiff.… I am of opinion that the Commission had jurisdiction by virtue of the provisions of sections 29 and 49 of the Public Service Commissions Law (as amd.… Bryant v. Shaw Page 5569 The action is in partition. The defendant Shaw interposed a demurrer to the complaint and then moved for judgment on the pleadings.… In re Smythwick Page 5570 The respondent was admitted to the bar by the Appellate Division, First Department, in March, 1909, and was practicing in said department at the time he committed the acts complained of.… Special Term, Part 1, at which the motion was made, was duly appointed to be held at that time and place by the justices of this court, and the justice presiding thereat was duly assigned to hold it, but that would be immaterial since he was a justice of the Supreme Court.… The decree awards the claimant $1,360 compensation for certain services rendered to the intestate and for incidental expenditures.… In re Bleistift Page 5574 The primary question here is whether appellant comes within section 71 of the Membership Corporations Law.… Smyth v. Pure Ice Co. Page 5575 The complaint alleges that the defendant Pure Ice Company is a domestic stock corporation, that the by-laws provide that the secretary shall have charge of the books and seal, and that stock certificates shall be signed by the president and treasurer and sealed by the secretary.… Meltzer v. Barrett Page 5576 I think that the evidence does not justify the verdict and that a new trial should be granted.… People v. Meola Page 5577 The self-exploitation involved in seeking clients is a matter of taste, and certain methods of advertising that are recognized in trade are declared unethical in a profession.… McIlrath v. S. Waterbury & Sons Co. Page 5578 The testimony, viewed in the light more favorable to the .plaintiff, charges Mrs. Wylie with a personal promise to pay the bonus of $1,000.… Husted v. A. P. Husted Co. Page 5579 The learned counsel for the defendant moved as if the complaint was for a libel.… O'Rourke v. Rankin Page 5580 The evidence that a person is leaving the State on a journey overseas is far from a ground to support the charge that he is removing “ property from this State with intent to defraud his creditors.” We are not now concerned so much with the plaintiff’s charge of conversion of her effects.… Zinke v. Hipkins Page 5581 Where a justice who sat in an appeal here is reported as “ not voting,” the judgment of the others is not unanimous.… In re MacWilliams Page 5582 Respondent was admitted to practice as an attorney and counselor at law at a term of the Appellate Division of the Supreme Court in the Second Department in September, 1914, and was practicing in the First Judicial District at the time the acts complained of were committed.… In re Steinberg Page 5583 The respondent was admitted to the bar at a term of the Appellate Division, Second Department, in November, 1919, and was practicing in the First Judicial District at the time he committed the acts complained of.… In re Popper Page 5584 The respondent was admitted to practice as an attorney and counselor at law at a term of the Appellate Division, First Department, in November, 1907, and was practicing as such in the First Judicial District at the time he committed the acts complained of.… Foundation Co. v. State Page 5585 The plaintiff constructed, upon a unit price contract, a bridged-type dam in the Mohawk river at Scotia for barge canal purposes, with a lock at one end.… Weigel v. Cook Page 5586 The summons and complaint were served June 10,1919, and.… This is an action in ejectment. Edward Livingston, at the time of his death in 1864, resided upon a farm, of 200 *525acres in Sullivan county.… Claim of Wood v. Papaw Page 5588 The employer carried on a meat market at Lake Placid, at which he sold fruit, which was carried on by himself and two employees.… The question presented upon this appeal is the construction of the last will and testament of Leslie H.… Claim of Mackey v. City of New York Page 5590 There. is no dispute as to the facts in this case.… The State Industrial Commission has found as a conclusion of fact that the claimant was injured on the 23d day of July, 1919, resulting in a “ fracture of the middle of the left radius and ulna, and as a result of which he was disabled from July 23, 1919, to December 22, 1919, on which date he was still disabled; ”… Claim of McHale v. Sheffield Farms Co. Page 5592 The question presented upon this appeal is whether there was any evidence of a probative character before the State Industrial Commission to establish that Patrick J.… Geiger v. Divine Page 5593 The plaintiff alleges in his complaint that he is the owner of a farm in the town of Wawarsing, Ulster county, N.… Claim of Schedzick v. Volney Paper Co. Page 5594 The question here is whether the claimant, who was the father of the deceased employee, was dependent on his said son.… Claim of Roach v. Hibbard & Gifford Page 5595 The question here is whether claimant was in the employ of Hibbard & Gifford or whether he was an independent contractor.… Claim of Krinsky v. Ward Page 5596 The employer conducts the news-stands at the various stations of the Interborough Rapid Transit Company in New York city.… Stanton v. Hawley Page 5597 The facts in this case may be tersely stated.… The work of the claimant was to assemble and test motor dictographs which were manufactured by his employer.… Reade v. Halpin Page 5600 The complaint contains all the elements of an action for malicious prosecution, providing a proceeding for the commitment of an insane person under article 4 of the Insanity Law may constitute the basis for such action.… Claim of Anthus v. Rail Joint Co. Page 5601 The deceased employee died as the result of an infection received through an opening in his right foot which was caused by a traumatic injury.… Claim of Francisco v. Oakland Golf Club Page 5602 The deceased employee was a cook in the employment of a membership corporation known as the Oakland Golf Club, which was in possession of a golf course and club house the use of which was free to all members.… Claim of Greenberg v. Greenberg Page 5603 The employer was a boss painter who had a job to paint the hallways in an apartment house.… Latham v. Sheff Page 5604 • This is an action by an indorser of two negotiable instruments to recover from a prior indorser the amount which the former was compelled to pay upon a default by the primary debtor.… The claimant broke his left arm at the elbow, sustaining “ a fracture of the coronoid process of the left ulna, a fracture of the head of the left radius with backward dislocation of the left forearm.” Four physicians, named Carr, Downey, Brennan and Mansperger, reported or testified that the claimant had sustained a… The deceased was chief operator of the electrical system of a corporation which generated electric power for transmission over many lines of wire to various consumers, among which were the United Traction Company and the Municipal Gas Company of Troy, N.… Claim of Russo v. Jarvis Stores, Inc. Page 5607 The deceased was a stableman in the employment of a corporation which conducted a warehousing and trucking business.… The employer’s first report in this case is to the effect: “ This man was on the load of logs and must have strained himself as he soon said he was sick and jumped to the ground and lay there in an epileptic fit, and when he came to his jaw was out of joint.” Claimant in his claim for compensation says: “ Catching a… McManus v. Van Duzer Page 5610 The complaint and evidence in this action show that on the 1st day of November, 1918, at about eight-forty-five p.… In re Cummings Page 5611 These proceedings were commenced in July, 1919, by the presentation to the Supreme Court of his petition, which shows among the things not controverted that the father of this petitioner died in 1872 leaving a last will and testament which was admitted to probate in the county of Kings.… In re the Board of Water Supply Page 5612 The commissioners of appraisal made an award in favor of the appellant for property taken for the Ashokan reservoir, New York city water system.… At the close of the evidence in this case the representative of the insurance' carrier stated the appellants’ position as follows: “It is the contention of the carrier in this case that the weight of the testimony presented shows that there has been no connection between the accident to the deceased which happened on… Claim of Peck v. Tassell & Fairbanks Page 5614 The only question involved upon this appeal is whether claimant’s husband at the time of the accident was an independent contractor or an employee of Tassell & Fairbanks,, of Williamson, N.… The employer was engaged in the business of machinery and woodworking at Troy, N.… Tierney v. Perkins Page 5616 In August,. 1894, Mary E. Tierney became a member of the Cigar Makers’ International Union of America, of which the defendant in this action is now the president.… The Public Service Commission, Second District (hereafter referred to as the Commission), instituted a proceeding under the provisions of section 57 of the Public Service Commissions Law, the object of which was to compel the New York Central Railroad Company, the respondent, to obey the provisions of an order issued… Terwilliger v. Browning, King & Co. Page 5618 In Terwilliger v. Browning, King & Company (152 .App.… The plaintiff in this action has its principal place of business at Bangor, Penobscot county, State of Maine.… Carroll v. City of Yonkers Page 5620 The action is for negligence whereby the motor car of the defendant was overturned and the plaintiff’s intestate, a passenger therein, was killed.… Woolson Spice Co. v. Columbia Trust Co. Page 5621 German American Coffee Co. v. Diehl, No. 2 (86 Mise.' Rep.… Sommer v. Ehrgott Page 5622 The appellant’s contention that there is a misjoinder of a cause for breach of contract and a cause for fraudulent inducements to the contract, is put upon the authority of Edison Electric Illuminating Co. v. Kalbfleisch Co. (117 App.… Treuhaft v. Bender Page 5623 This action was by a boy nine years old. While crossing Broadway, Brooklyn, on April 6, 1918, he was struck by defendant s’ automobile, which dragged him a considerable distance.… Bell v. Brooklyn Union Gas Co. Page 5624 Considering this leak at the joint where the fixture was attached, the jury could have found that the explosion was caused by the act of removing and replacing this fixture the day before.… Zaiss v. George C. Heimerdinger Co. Page 5625 While we agree with the Special Term that the contract sued upon was not within the Statute of Frauds (Pers.… Prentiss v. Greene Page 5626 One of the points made by the appellants is that although the defendant corporation is a foreign corporation, it is immune from attachment for the reason that it has been duly authorized to transact business here.… A. O. Andersen Trading Co. v. Brody Page 5627 This is an action to recover damages for a breach of warranty-on the sale by the defendant to the plaintiff of cocoa bags.… Goldfish v. Goldfish Page 5628 The motion was predicated solely on section 1771 of the Code of Civil Procedure, which, so far as material here, provides that where an action is brought by the wife and a final judgment for divorce has been granted in her favor, the court upon the application of the defendant on due notice and on proof of the… People v. Brinkman Page 5629 Defendant and three others were jointly indicted on two counts.… Rothmann v. Thompson Bros. Page 5630 On the third trial of the issues of this action, which was brought to recover for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant, plaintiff recovered a verdict.… MacLean v. J. L. Mott Iron Works Page 5631 The facts are stated in the opinion of Mr. Justice Dowling.… Huebshman v. Kugelman Page 5632 On April 15, 1920, the original answer was" served.… People v. Monarch Page 5633 Whether an assault was committed depends on the question whether the railroad company had the right to collect the additional five-cent fare.… Morrison v. Sheinbaum Page 5634 The complaint herein sets forth the following facts: Plaintiffs, who are copartners doing business under the firm name of Morrison & Mashkowitz, on December 18, 1907, recovered a judgment in the Supreme Court, New York county, in the sum of $4,711.35 against David Mondshain.… The complaint herein sets forth the following facts: Plaintiff is engaged in the business of manufacturing and selling shirts; defendant was engaged in the business of vending a fabric known as “ silkendure,” to be used for the manufacture of shirts.… Ward v. McVicker Page 5636 This action was brought against defendants for damages claimed to have been sustained by plaintiff by reason of their *729false and fraudulent representations as to the United States Consolidated Oil Company, whereby plaintiff was induced to pay the sum of $8,750 for 1,500 shares of stock thereof.… Martin v. Morse Page 5637 The only question involved in this appeal is whether notice was required to be given of the application to any person other than the receiver.… Shulman v. Friedman Page 5638 The complaint herein sets forth the employment of plaintiff by defendants as general manager of their Philadelphia stock brokerage office, upon an agreed compensation of $40 per week and a commission of fifteen cents per share of the preferred *737or common stock sold at that office by any one employed therein as… Relator is a director in, and owner of one-third of the stock of the defendant corporation.… The plaintiff is the substituted trustee under the last will and testament of William John Barr, deceased.… The Brooklyn City Railroad Company, on December 19, 1853, was granted franchises to construct and operate a double-track railroad along and upon certain streets and avenues commencing at the termination of Fulton street at or near Fulton ferry among which was: “ 4.… Knippenberg v. Lord & Taylor Page 5642 This is an action to recover the amount paid by the plaintiff in satisfaction of a judgment recovered against him by one Christine Stock for personal injuries sustained by her on June 18, 1917, from being struck and run over, while on Main street at Dobbs Ferry, by the plaintiff’s Ford car, and the disbursements… Maag v. Maag Gear Co. Page 5643 This is a suit in equity for the recovery of ninety shares of the capital stock of the defendant corporation to which the plaintiff claims to be entitled by virtue of an agreement in writing between the parties and Albert T.… Korfanta v. Vanderbilt Avenue Realty Co. Page 5644 The Vanderbilt Avenue Realty Company was constructing an apartment house at 44 East Forty-eighth street in the borough of Manhattan.… Paradies-Carroll Co. v. Lyman Page 5645 This action is at issue upon the complaint and the answer.… Perlmutter v. Byrne Page 5646 The main issue raised which the defendant desires decided is, first, as to the contributory negligence of plaintiff as ma Iter of law, and, secondly, upon the question as to whether the automobile was being used by the defendant’s chauffeur in the master’s business at the time of the accident.… Tallon v. Interborough Rapid Transit Co. Page 5647 The plaintiff’s intestate was an employee of the Inter-borough Rapid Transit Company.… Villemin v. Brown Page 5648 In the second cause of action plaintiff complains of the defendant for having falsely uttered in the hearing of third parties of and concerning the plaintiff, “ Madame Villemin (meaning thereby the plaintiff) is a crook.” This cause of action further alleges that such words imputed dishonesty and *778moral turpitude… Chamberlin v. Chamberlin Page 5649 The action was brought by the plaintiff to procure a judgment separating her from the bed and board of the defendant forever, and for a provision for the support and maintenance of herself and the two children of the parties, upon the ground of alleged cruel and inhuman treatment and failure to support.… Bloom v. Abram Bloom Co. Page 5650 The action was brought to recover the sum of $1,996.60 as the balance of the purchase price of 680 pounds of certain silk thread under a written contract of sale which reads as follows: “ We, Irving Bloom & Co., agree to sell to Abram Bloom Co., Inc., and Abram Bloom Co., Inc., agrees to purchase of Irving Bloom & Co.… In re Crane Page 5651 The moving affidavit on behalf of petitioner sets forth the following facts: On July 1, 1886, George W.… Burke v. Burke Page 5652 The decedent was at the time of his death, which occurred on February 4, 1914, forty-nine years and seven months of age.… Claim of Lauritzen v. Terry & Tench Co. Page 5653 The question involved in this case is .whether the State Industrial Commission has acted within its powers in directing the commutation of the awards to a widow and her infant daughter and the payment of a lump sum.… There is no dispute that Morris Michelov was employed by the Century Metal Spinning and Stamping Company on the 26th day of November, 1919, and that he died on the day following.… The employer and the insurance carrier appeal from an award made to the father of Placido Sagardi, a resident of Spain, on the ground of dependency.… This is another of the right inguinal hernia cases, in which there is no evidence to support the happening of the alleged accident.… Claim of Clayton v. Foundation Co. Page 5657 The award in this case is for the loss of use to the extent of fifty per cent of the use of the left hand of the claimant.… Willie v. Luczka Page 5658 The plaintiff in this action received a serious injury in a collision between a motorcycle which he was driving and a wagon driven by the defendant, on the 9th day of September, 1919, on the Consaul road in the outskirts of Schenectady, for which a jury has awarded him a verdict of $4,500.… Claim of Vassilakis v. Fairfax Hotel Co. Page 5659 James Vassilakis, the deceased employee, left him surviving as is claimed a widow and minor children residing in Ververato in the island of Chios, Greece.… Gertner v. Glens Falls Insurance Page 5660 The action was brought to recover a loss upon a fire insurance policy of $3,000 issued by defendant.… Greenhill v. Delano Page 5661 The complaint alleges the making of a contract between plaintiff and defendant Central Transportation Company, dated August 7, 1918, wherein the latter agreed to transport a cargo of celluloid belonging to the plaintiff from New York to Rochefort, France, on board the steamship Julienne upon the payment of freight… Greenhill v. Delano Page 5662 The complaint in this action is based upon the same state of facts as those alleged in action No. 1, in which an appeal was argued before us simultaneously with this appeal.* The demurrer in this case is also interposed to the alleged defenses embodied in the answer of the defendant Brown Brothers & Co. No claim is… Frey & Son, Inc. v. E. R. Sherburne Co. Page 5663 This action is brought in equity by the plaintiff, a buyer of Java sugar, permanently to enjoin the defendant Sherburne Company, the seller, from drawing or negotiating drafts upon a letter of credit issued by the National City Bank to the Sherburne Company to secure the payment of the purchase price of the sugar and… Klatzko v. Golodetz Page 5664 The action is brought by the assignee of the judgment creditor of the defendant Golodetz to recover from the defendant corporation, Bengol Trading Co., Inc., moneys alleged to belong to the judgment debtor and claimed to be held for her by the defendant corporation.… This is an appeal from a judgment of $2,634.20 in favor of the plaintiff, entered upon a verdict of a jury.… Heyman v. Kevorkian Page 5666 These are appeals from orders in two separate actions between the same parties involving the same subject-matter, one of which denied injunctive relief to the plaintiff in that action and the other granted an injunction pendente lite to the plaintiff who was the defendant in the other action.… Claim of Kade v. Greenhut Co. Page 5667 The State Industrial Commission has made an award to the administratrix of Jessie Kade, deceased, for compensation for disability, not death benefits, from December 29, 1917, to May 7, 1919, the date of her death.… Claimant’s intestate was a carpenter, at work for the employer, appellant, at Niagara Falls on the 15th day of January, 1919.… In re Cowles Realty Co. Page 5669 The appeal is from an order of the Special Term that denies a motion to vacate an order made on July 22, 1920, in proceedings under the General Corporation Law for voluntary dissolution of a corporation.… Nosrep Corp. v. Clinton Securities Corp. Page 5670 The appeal is from an order of the Special Term that vacates an order for discontinuance and for cancellation of a lis pendens *879without costs, obtained by the plaintiff upon an ex parte application.… Ostrander v. Ostrander Page 6587 The parties in this action are husband and wife.… The State Industrial Commission has made a finding as to this claim as follows: “ On May 29,1919, Tony Gentelong was working for his employer at his employer’s plant, and while engaged in the regular course of his employment assisting a fellow-workman to move a hand truck loaded with about 1,000 pounds of hides, one… Claim of Clark v. Voorhees Page 6589 This claim is presented under the second group 45 of section 2 of the Workmen’s Compensation Law (as added by Laws of *141918, chap.… Gainer v. Hines Page 6590 The action is for negligence. The accident happened on July 31, 1918.… Vousden v. United Cities Realty Corp. Page 6591 This appeal raises a question of law, namely, the liability of a lessor of private premises for subsequent personal injuries from a dangerous condition of the leased premises which had existed- at the time of the demise.… In re the Estate of McGillicuddy Page 6592 The claim as urged at the trial consisted of three items, viz.: (a) For a balance of $3,631.50, represented by a certain written instrument furnished to the claimant by the deceased on August 10, 1913, as due from him to the claimant out of certain joint operations of theirs as contractors under the name of Mack… Wolf v. Wolf Page 6593 This action is brought by a wife against the father and mother of her husband for alienating his affections.… Schein v. Erasmus Realty Co. Page 6594 The mortgage made to Herman Wernmann was a hen on twenty-two twenty-fourths of the property only.… Roy Realty Co. v. B. Altman & Co. Page 6595 This contract was made upon June 1, 1915.… People v. Wyckoff Page 6596 The defendant has been convicted of the crime of grand larceny in the second degree.… The husband of the claimant while in the course of his employment was injured on May 7, 1918, through the negligence of a third party.… Claim of Davis v. Butler Page 6598 This award was made for the death of one Charles E.… The husband of the claimant was a locomotive engineer who operated a switch engine in the railroad yards of the appellant.… Claim of Knocks v. Metal Package Corp. Page 6600 The claimant was employed as an oiler in a factory of his employer to oil its machinery.… Belmar Contracting Co. v. State Page 6601 On or about the 5th day of August, 1915, the State of New York, through its Commission of Highways, published a notice to contractors calling for bids for the improvement of one and seventeen one-hundredths miles of highway in the city of *71Hudson, in the county of Columbia.… Spencer v. State Page 6602 . The question presented by this appeal is whether the State should pay substantial or only nominal damages, for appropriating an easement in a highway for a railroad used in connection with the construction of the barge canal at Sylvan Beach, a summer resort situate on the borders of Oneida lake.… Emerson v. Buck Page 6603 This is an appeal from an order of the Erie County Special Term, requiring the defendants, the council of the city of Buffalo, and commissioner of finance and accounts of said city, by peremptory writ of mandamus, to include in the estimates of the amounts to be raised by taxation in Buffalo for the fiscal year… The deceased had been a German saloonkeeper.… By virtue of his general power over matters of procedure an attorney can control attachments.… Jurgensen v. Morris Page 6606 This action was brought to secure the specific performance of a contract of sale, to which the plaintiff claimed to be *93entitled by virtue of a written agreement or option to purchase the said property contained in the lease thereof to plaintiff by the defendants.… Allers v. Allers Page 6607 This action was brought by the plaintiff, a Staten Island doctor, to obtain a separation from his wife.… Glickman v. Glickman Page 6608 The decree of the court granting separate support and maintenance directed the defendant to pay to the plaintiff $30 each week commencing January 13, 1915.… People v. Glickman Page 6609 The defendant has been convicted of a violation of section 225 of the Sanitary Code, which provides that it shall be the duty of every person who shall have contracted or undertaken, ot shall be bound, to heat or to furnish heat for any building occupied as a home or place of residence, to heat or to furnish heat for… Sebastian Ballard obtained insurance upon his life from the fraternal organization known as the Maccabees, in the sum of $5,000, $2,000 of which was payable to his widow, Mary Ballard, and $3,000 to his daughter, Lucy M.… Kineon v. Bonsall Page 6611 This is one of several litigations between Bonsall and his stepdaughters, Mrs. Kineon and Mrs. Shiverick, of which several have come to this court within recent years.… These forms authorized in the Real Property Law abridged covenants in deeds and mortgages.… Willard v. Willard Page 6613 The evidence in behalf of the plaintiff sustained the allegations of the complaint; but the learned court at Special Term, on its own motion, denied the motion to confirm the referee’s report, vacated the order of reference and directed the case to be tried in open court.… Lynch v. Figge Page 6614 The plaintiff sues for damages for breach of promise of marriage.… Certain creditors seek to surcharge the account of Olive B.… Watson v. Universal Transportation Co. Page 6616 So much of this order as granted to the defendant the right to a bill of particulars from the plaintiffs of the consideration of the instrument sued upon must be reversed for the reason that the consideration of the instrument is not made an issue by the pleadings.… Gelbman v. Gelbman Page 6617 This is an action brought by a wife against her husband for absolute divorce upon the ground of adultery.… Porter v. Lehigh Valley Railroad Page 6618 This action was brought by the plaintiff against the defendant rai- road company to recover damages growing out of the misdelivery of a carload of apples.… People v. Dunbar Page 6619 The defendant was convicted of the crime of bigamy under an indictment which charged that on the 27th day of January, 1920, he married one Geraldine Raleigh in the city of Syracuse, N.… J. L. Shultz & Co. v. De Nood Page 6620 The action is in replevin. The primary question involved in the litigation arose over the title to some hay.… Reichle v. Perkins Page 6621 The action was for a death benefit arising from the membership of one Louis Reichle in the Cigarmakers’ International Union of America and a local union thereof known as Local Union No. 2 at Buffalo.… Price v. Price Page 6622 Our Education Law makes attendance compulsory between the ages of seven and fourteen, when the child, among other places, resides in a city.… Alexander v. City of New York Page 6623 The plaintiff and another man were engaged in trimming coal in a bin in the Kingston Avenue Hospital in the city of New York.… The complaint was for goods sold and delivered and the judgment demanded is for $10,012.75.… Q. R. S. Co. v. Phillips-Jones Corp. Page 6625 From the findings of the court it appears that the defendant was the owner of certain property bounded on the west by the New York Connecting Railway Company, on the north by East One Hundred and-Thirty-fifth street, on the east by Walnut avenue and on the south by East One Hundred and Thirty-fourth street.… From the agreed statement of facts it appears that on September 19,1912, the plaintiff issued a policy of life insurance on the life of the defendant Solomon Trilling for the sum of $500, payable to the defendant the Independent Solomon *179Benovolent Association upon the death of the defendant Trilling.… Miller v. Miller Page 6627 This is an undefended action for a divorce.… The relator acquired premises subject to a lease to Reines which expired on April 30, 1920.… Bullinger v. Interboro Brewing Co. Page 6629 The plaintiff complains that as defendant ceased to manu-.… Love v. Charles H. Brown Paint Co. Page 6630 The learned judge at Special Term radically modified the order as .originally granted, and defendant’s grievance is that he did not go far enough, and that the order should have been vacated.… Orton v. Tannenbaum Page 6631 Elizabeth Flanagan died in- Brooklyn on January 24, 1919.… Stahl & Jaeger v. Satenstein Page 6632 This action was brought by the plaintiff, a domestic corporation, against the defendants Louis Satenstein, individually and trading under the firm name and style of American Book Bindery, and Printerian Realty ■ Corporation, to restrain said defendants from placing any sign or signs upon the outside of the east or… Paragon Silk Co. v. Kugelman Page 6633 The recovery was for the contract price of goods alleged to have been sold and delivered by the plaintiff to the defendants on the 2d day of April, 1917.… Hudson Trading Co. v. Durand Page 6634 The complaint contains two counts. In the first it is alleged that on or about the 9th day of May, 1917, plaintiff and the defendant La Sociedad Para La Fusion de la Prensa y El Tiempo, a Peruvian corporation, entered into an agreement in writing, a copy of which is annexed to the complaint, whereby said defendant… The action is brought to recover damages alleged to have been sustained by the plaintiff by reason of defendant’s *255failure to take deliveries of a certain chemical product known as twenty per cent oleum under an agreement made September 28, 1917, wherein the plaintiff agreed to sell and defendant to purchase 1,600… Andron v. Funk Page 6636 This action was brought for the partition of a certain two-family house in the borough of The Bronx owned by plaintiff and the appellant as tenants in common.… The action is upon an insurance policy. The policy, after including theft as one of the risks thereby covered, states “ except as hereinafter specified,” and there was then "provided: “ This policy covers theft of an entire shipping package, but all pilferage is expressly excluded.” The shipment was of twelve pieces… Fuller Process Co. v. Texas Co. Page 6638 The pleadings consist of a complaint and of a demurrer which questions the sufficiency of the complaint.… There is no controversy as to the facts in this case.… Rhein v. Peeso Page 6640 The plaintiff and defendant were copartners in dentistry.… Dorff v. Taya Page 6641 The action was to recover from the carrier prepaid freight.… Prince v. Fried Page 6642 The action was brought to recover damages resulting from injuries inflicted by a dog kept by the defendant which, it was alleged, was known to be of a ferocious, vicious and mischievous disposition and accustomed to attacking and biting mankind.… Clark v. Foreign Products Co. Page 6643 The action was brought to recover commissions which plaintiff alleged the defendant had promised and agreed to pay, for obtaining two export licenses from the War Trade Board; a license to export certain goods to Mexico, upon which a commission of $112.50 was claimed, and a license to export goods to Russia on which a… Tilzer v. Battery Park Trading Co. Page 6644 The action was brought to recover $7,320 for goods sold and delivered.… Union Exchange National Bank v. Joseph Page 6645 The action is upon a promissory note given to the plaintiff by the defendant.… Boiardi v. Marden, Orth & Hastings Corp. Page 6646 The defendant is the successor to the Harden, Orth & Hastings Co., Inc., with which the transactions set forth in the complaint were had; for convenience of statement the latter will be referred to as the defendant.… Bisogno v. New York Railways Co. Page 6647 The infant plaintiff was nine years of age at the time of the accident and was so immature that at the trial, a year and a half thereafter, the court declined to have him sworn, but by consent of counsel permitted him “to be examined * * * without the formality of an oath, regarding the testimony that he may give, as… Hechinger v. Ulacia Page 6648 The action was to recover damages for the defendants’ refusal to deliver to the plaintiff’s assignor a quantity of molasses pursuant to the terms of.… Harriet A. Curtis died on January 25, 1919, leaving a last will and testament, naming as executors therein a resident of Scranton, Penn., and a resident of Williamsport, Penn.… Parker v. Simon Page 6650 This appeal is from an order denying plaintiff’s motion for judgment upon the pleadings, consisting of the plaintiff’s amended complaint and the demurrer thereto.… Esposito v. American Railway Express Co. Page 6651 Plaintiff on March 21, 1919, was standing on the sidewalk near the corner of One Hundred and Twelfth street and First avenue in the city of New York.… Gutman v. Weisbarth Page 6652 The action is for damages for breach of a contract by which the plaintiffs agreed to sell and deliver to defendants fifty pieces of sleeve linings for coats, known in the trade as “Antwerp sleeves.” The plaintiffs alleged that defendants refused to accept the goods when duly tendered pursuant to.… McNeill v. Shellito Page 6653 This is an action by the administrator of Isaac Henry Radford to recover on a promissory note made by the defendant to the order of the decedent on the 17th day of December, 1909, and payable three months after date at the decedent’s office.… Barthelmess v. Cukor Page 6654 The only point argued or claimed to be presented by the appeal is whether it was competent for the Legislature to *361grant a preference in promotion and appointment to those on the eligible list for promotion to the rank and grade of sergeant who entered the military or naval service of the United States during the… Hernandez v. Brookdale Mills, Inc. Page 6655 The plaintiffs, who are copartners engaged in the city of New York in the business of exporting and importing, brought this action to recover damages for the failure of the defendant, a domestic corporation, to perform two contracts for the sale *371to the plaintiffs of sugar bags to be shipped from Calcutta, India… Lipten v. Columbia Trust Co. Page 6656 The plaintiff for his cause of action- alleged that on the 31st day of January, 1920, the North River Savings Bank drew its check or draft on the defendant payable to the order of Nicolo Aw.… Murphy v. Murphy Page 6657 This is an action to annul, on the ground of fraud, a ceremonial marriage, between the plaintiff and the defendant, solemnized-on the 11th day of April, 1914.… The plaintiff is a corporation incorporated and existing under the laws of Pennsylvania and having its office and place of business at Reading in that State and no office or place of business in the State of New York.… Lazarowitz v. Levy Page 6659 This is an action to recover for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant.… The executors of Edith C. Bryce owned some property upon which the Knights of Pythias desired to construct a building.… Ludlam v. Ludlam Page 6661 The plaintiff’s father died in 1887, leaving a will which purported to convey personal and real estate.… Bulova v. E. L. Barnett, Inc. Page 6662 The action is brought to recover the sum of $1,416.80 upon an alleged assigned claim of the S.… The action is brought upon a state of facts quite analogous to those ’ appearing in Frey & Son, Inc., v. Sherburne Co. (193 App.… A. Stern & Co. v. Avedon & Co. Page 6664 The landlord was the lessee of the entire premises, occupying a portion thereof for the transaction of its business, and sublet another portion to the tenant for a term of five years commencing on the 14th day of October, 1913, at a yearly rental of $6,500.… Kramer v. Edmund Francis Realty Co. Page 6665 This action was brought to foreclose a second mortgage on real property lying in Bronx county in the city and State of *439New York on Briggs avenue, 205 51 /1Q0 feet southerly from the intersection of the easterly side of said Briggs avenue with the southerly side of One Hundred and Ninety-fourth street.… Reilly v. Waterson, Berlin & Snyder Co. Page 6666 The learned Special Term denied the motion with a memorandum as follows: “ I think it is very plain that the defendant is protected by the denials.” The proposed amended answer affirmatively alleges that the plaintiff had violated one of the provisions of the contract upon which plaintiff’s action is based and also… Coffey v. Roche Page 6667 The action is brought by Joseph F. Coffey, as administrator with the will annexed of Michael J.… In re Fellinni Page 6668 The appellant, Jacob Klein, an attorney, appeals from an order entered upon a motion made at Special Term to compel him to pay over to the petitioner the sum of $1,226.26, her alleged share as next of kin in a recovery of damages obtained in an action brought by her husband, as administrator of his infant son, against… People ex rel. Wolfe v. Johnson Page 6669 An order of arrest dated July 30,1918, was issued out of the Supreme Court, New York county, in an action in which one Fischman was plaintiff and Daniel E.… Wall v. Hess Page 6670 This action is brought to recover unpaid rent, taxes and water rates under an express covenant contained in a lease.… Flinsch v. Viele, Blackwell & Buck Page 6671 This action is brought by the plaintiff to recover of the defendant, a domestic corporation, commissions in the sum of $175,000, claimed by plaintiff to be his due from the defendant upon a contract entered into November 25, 1913, *462between the plaintiff and the defendant, whereby plaintiff was to devote his time as… Chamberlin v. Chamberlin Page 6672 This is a motion for restitution to the plaintiff of the custody of the children of the parties, on the reversal of a decree made in an action for a judicial separation, in which the custody of the children was awarded to the defendant.… Sheldon v. Argos Mercantile Corp. Page 6673 The action is brought to recover damages for the alleged breach of a contract for the sale of 2,000 tons of sugar.… Edgar A. Levy Leasing Co. v. Siegel Page 6674 The statement of the facts shows the existence of a shortage of housing accommodations resulting from the increase of the population and the practical suspension of building during the World War presenting a situation threatening danger to the public health, safety and order, and calling upon the Legislature for the… Clemilt Realty Co. v. Wood Page 6675 This lease was made after the enactment of chapter 136 of the Laws of 1920 and before the enactment of chapter 944, and the defense made is a defense authorized by said chapter 136.… Guttag v. Shatzkin Page 6676 This appeal involves the validity of chapter 947 of the Laws of 1920, which was enacted on September twenty-seventh at *511the extraordinary session of the Legislature duly convened by the Governor on the 20th day of September, 1920, and to which he presented the message set forth in full in the statement of facts in… 810 West End Avenue, Inc. v. Stern Page 6677 The complaint alleges that the plaintiff is a domestic corporation; that heretofore and prior to December 8, 1919, the defendant entered into possession of an apartment in the building known as 808 West End avenue, pursuant to an agreement between the defendant and 808 West End avenue, .Inc., the then owner of the… Appellant owns the apartment house known as 120 West Seventieth street, borough of Manhattan, city of New York, and on the 14th of February, 1917, it leased an apartment therein to a tenant for a term commencing October 1, 1917, and ending on the 30th of September, 1920, by a lease in writing in and' by which the… The appellant predicates his claim for a reversal on the construction of chapter 942 of the Laws of 1920, which took effect on the twenty-seventh day of September; and the-respondent claims that a proper construction of the statute requires an affirmance, but if not, then the statute, in so far as it purports to… People ex rel. Ballin v. O'Connell Page 6680 The relator on his own affidavit and on the affidavit of a city-marshal obtained an order to show cause, on which the motion was heard.… Smith v. Smith Page 6681 This action was brought by the plaintiff to annul his marrage with defendant upon the ground that at the time said marriage was solemnized the defendant had a husband living.… The action was brought to recover damages for an anticipatory breach of contract.… Hedges v. Craig Page 6683 This appeal is from an order denying the motion of the petitioner for a peremptory writ of mandamus directed to the comptroller of the city of New York commanding him to audit and allow to the petitioner certain excess taxes paid upon an erroneous special franchise assessment of the New York Railways Company for the… People v. Dileo Page 6684 The defendant was convicted in the City Court of Utica of conducting the business of plumbing in that city without first submitting himself to an examination before the examining *794board and obtaining a certificate of competency, as required by section 45 of the General City Law, which offense is made a misdemeanor… The questions raised by these appeals require us primarily to construe section 8 and subdivision 4 of section 12 of the will of Ten Eyck DePuy.… Budd v. Franco Page 6686 This action is brought to set aside a certain tax deed dated May 4, 1917, and recorded in the Oneida county clerk’s office on the same date.… Sargent v. Vought Page 6687 We are agreed for a new trial because it did not sufficiently appear that on August thirtieth the lessor did have a bona fide offer, so as to put the plaintiff to his election to purchase for $25,000.… Coyne v. Town of Greenburgh Page 6688 The Legislature in the year 1892 passed an act (Chap.… In re Horace Keane Aeroplanes, Inc. Page 6689 The facts are undisputed and, briefly stated, are as follows: The original certificate of incorporation of this company was recorded in the office of the Secretary of State on May 21, 1920, and filed in the office of the clerk of New York county on May 24, 1920.… Finkenberg v. Levinson Page 7423 The defendant Moses Levinson stored certain household goods with the Liberty Storage and Warehouse Company and received warehouse receipts therefor.… In re Rowe Page 7424 We think the decision of the trial justice was clearly right in regard to the ballots Exhibits 1 and 3.… Pardee v. Rayfield Page 7425 Chapter 328 of the Laws of 1917 (adding to Education Law, art.… This is an appeal by the plaintiff from a judgment of the Steuben County Court, which reversed a judgment rendered by the City Court of the City of Corning against the defendant.… Travis v. American Cities Co. Page 7427 This is a submission of a controversy pursuant to the provisions of sections 1279-1281 of the Code of Civil Procedure.… This is an appeal by the State Comptroller from a determination of the surrogate of New York county affirming an order entered upon the report of the appraiser who found that the decedent, Hetty H.… Jacobson v. Silberstein Page 7429 The sole issue presented in this case is” whether the price fixed for the cotton drills contracted for was twenty-two and one-half cents or seventeen and one-half cents a yard.… McMagh v. Ruhe Page 7430 The action was brought against these defendants as “ copartners engaged in the glass business * * * under the firm name and style of Fensterer and Buhe.” Briefly stated, the complaint alleges the due performance on the part of the plaintiff’s assignor, one Momand, of certain work, labor and services at the special… Orgel v. Goldsmith Page 7431 This is an appeal from a determination of the Appellate Term affirming a judgment of the Municipal Court in favor of the plaintiff for the sum of $544.30.… Tobias v. Lynch Page 7432 The judgment might well be affirmed without comment except that so many cases are coming before us in which vendors are resisting specific performance of their contracts for the sale of land on the defense of the Statute of Frauds, that we think a consideration of the points raised in this case may not be out of place.… Kaplan v. Posner Page 7433 This was a crossing accident. The plaintiff, a man forty-seven years of age, was on his way home about twelve o’clock at night, traveling north on the west or left-hand side of Keap street in Brooklyn.… Harkins v. Sizer Forge Co. Page 7434 Plaintiff’s intestate was killed while engaged as a lineman fastening a telephone wire at the top of a steel column in the building belonging to the defendant.… Brazill v. Weed Page 7435 The action was brought to remove as a cloud upon plaintiff’s title to premises No. 464 West One Hundred and Forty-fifth street in the borough of Manhattan, certain claims made by defendants to said premises.… Weed v. Brazill Page 7436 It follows from the reasoning in Brazill v. Weed (192 App.… The last will of Catherine Hutchins devised all of her real estate, of the value of $3,500, to a nephew and bequeathed $23,500 to fourteen different legatees.… Glueck v. Tull Page 7438 The failure to answer the call of the calendar on behalf of the defendant, which resulted in a judgment in favor of the plaintiff, was caused by negligence of the clerks of the defendant’s attorneys, and was not a willful default of, the defendant.… Glueck v. Tull Page 7439 For the reasons stated in Glueck v. Tull (192 App.… Zivitz v. Maryland Casualty Co. Page 7440 The recovery was on a policy of insurance against loss from burglary issued by the defendant to the plaintiffs on the 27th day of February, 1917.… The plaintiff in the right of the Frank G.… The plaintiff, a corporation, alleges that it was in possession of the first floor and basement of the Putnam Building, on the westerly side of Broadway, between Forty-third and Forty-fourth streets, in the city of New York, as lessee, for a term commencing on the 1st day of February, 1913, and terminating on the 1st… City of Buffalo v. Till Page 7443 The judgments under review are based upon provisions of the ordinances of the city of Buffalo of which the following are copies: “No person shall participate in any parade, gathering, assemblage or demonstration upon any street, square, park or other place within the City to which the public are invited or have… Lyons v. The Maccabees Page 7444 The judgment under review awards to the plaintiff the ;proceeds of a contract of life insurance evidenced by a benefit certificate, numbered 46009, issued by the Knights of the Maccabees of the World, a foreign corporation of Port Huron, in the State of Michigan, on the 28th day of September, 1898, by which contract… Letzter v. Ocean Electric Railway Co. Page 7445 The action was brought to recover damages for personal injuries which the plaintiff, a boy sixteen years of age, received from a collision of one of defendant’s electric cars with an automobile which plaintiff was driving on January 17, 1918, at the crossing of the Long Island railroad tracks, at or near Far Rockaway… Coleman v. A. L. Guidone & Son, Inc. Page 7446 These are two cases based upon the same accident, one for the plaintiff, the wife, to recover for personal injuries alleged to have been received by her through the negligence of both defendants; and the other by her husband.… McDonald v. Acker, Merrall & Condit Co. Page 7447 This is an action to recover for certain services as manager of defendant’s restaurant and hotel at Camp Upton, Yaphanlc, Suffolk county, upon an alleged contract by which defendant agreed to pay him therefor at the rate of $250 a month and “ a liberal and very substantial bonus ” in addition.… Tiffany v. Town of Oyster Bay Page 7448 The prior decision (Tiffany v. Town of Oyster Bay, 209 N.… Hoffer v. Hooven, Owens, Rentschler Co. Page 7449 This action is brought to recover upon two causes of action, both arising out of a contract in writing, bearing date March 21, 1916, whereby defendant gave to plaintiffs the exclusive agency for the sale of its automatic typewriters and accessories in the State of New York (up to and including Albany), and in the… Shmargon v. Rosenstein Page 7450 The plaintiff was a storekeeper dealing in groceries and meats.… Thurber v. Losee Page 7451 On or about April 9, 1915, the plaintiff leased from the defendant an inn for one year from May 1, 1915.… Weinstein v. J. Hamburger & Co. Page 7452 This action is brought to obtain a judgment that the defendant J.… This action is brought to recover the sum of $5,000, on a promissory note payable on demand, dated November 4, 1918, *154made by defendant to the order of plaintiff and which has been protested for non-payment.… Lusonray Holding Co. v. McCastline Page 7454 On February 1, 1917, the Dorilton Corporation, then the owner of premises 549 Riverside Drive in the borough of Manhattan, city of New York, executed a lease in writing of the entire premises to William P.… Fitts v. Andrews Page 7455 The New York Steam Company made a contract with the defendant’s testator for the supply of steam to the building of the defendant’s testator for a period of five years from October 1, 1916, at a rate therein specified.… This is an action in equity brought pursuant to a suggestion of the Court of Appeals, contained in its opinion in a previous litigation between Trustees of Presbytery v. Westminster Church (222 N.… Gubelman v. Panama Railroad Page 7457 On July 31, 1916, the Ford Motor Company delivered to the United Fruit Company three automobiles, in the city of *167New York, for shipment to Ancon, Canal Zone.… Thomas Stanley Nedham died on the 23d day of March, 1908, leaving a will which was probated May 6, 1908.… Middleton v. Whitridge Page 7459 This is a statutory action (Code Civ. Proc.… Perlman v. Shanck Page 7460 This is an action for damages sustained by reason of personal injuries to the plaintiff alleged to have been caused by the defendants’ negligence.… Chysky v. Drake Bros. Co. Page 7461 This appeal is by the plaintiff from a judgment entered in defendant’s favor dismissing the complaint, with costs, upon the opening of counsel for the plaintiff at the trial.… Weisberg v. Eilenberg Page 7462 The plaintiff has recovered judgment against the defendants for the sum of $240.35, from which the defendants have brought this appeal, said defendants also appealing from an order denying their motion to dismiss the complaint at the close of the entire case, and also denying defendants’ motion to set aside the… People v. Henry Maillard, Inc. Page 7463 The defendant is a domestic corporation engaged in the manufacture and sale of confectionery in the borough of Manhattan, city of New York, and has been convicted at a Municipal Term of the Court of Special Sessions of the City of New York of a violation of section 163 of the Sanitary Code of the board of health of… The grandchildren of the testator, Samuel Frost, appeal from a decree of the surrogate entered upon the accounting of Howard T.… Bregstone v. Greenberg Page 7465 Plaintiff appeals from an order made at Special Term, denying a motion for an injunction to restrain the defendants pendente lite from making, selling and offering for sale or disposing of any boys’ blouses and shirts having thereon the label “ The Aero Brand ” or any similar name in imitation of the plaintiff’s trade… Cohen v. Margolies Page 7466 The action is based upon the covenants of a lease entered into between the plaintiff as landlord and the defendant as one of the tenants in which the latter covenanted that “ they will promptly comply with each, every and all laws, orders, regulations and notices made by or pursuant to any Federal, State, County or… In re Bunt Page 7467 The respondent was admitted to practice at a term of the Appellate Division, First Department, in December, 1908.… In re Boughton Page 7468 The respondent was admitted to the bar in November, 1898, at a General Term of the Supreme Court, held in the city of Rochester, county of Monroe, and was practicing as such in the First Judicial District at the time of the transactions complained of.… In re Dangler Page 7469 The respondent was admitted to the bar in March, 1900, at a term of the Appellate Division, Second Department, and was practicing as such in the First Judicial District at the time he committed the acts complained of.… In re Markewich Page 7470 The respondent was admitted to the bar in Februaiy, 1903, at a term of the Appellate Division, First Department, and was practicing in said department, and was an assistant district attorney of the county of New York at the time he committed the acts complained of.… Loftus v. Greenwich Lithographing Co. Page 7471 This is an action predicated on the provisions of sections 50 and 51 of the Civil Rights Law (Consol.… Lipkien v. Krinski Page 7472 This action is to obtain an interlocutory judgment requiring the defendants to account for certain transactions wherein said defendants acted as stockbrokers for the plaintiffs, and to whom plaintiffs had paid certain moneys for the purchase and carrying of stocks on margin for plaintiffs’ account.… Guzzi v. New York Zoological Society Page 7473 This action is brought to recover for personal injuries sustained by the plaintiff at the so-called Bronx Zoo, where there were on exhibition various wild animals.… Title Guarantee & Trust Co. v. Pam Page 7474 This action was brought to recover the amount of two promissory notes each made by defendant to the order of the Thompson-Starrett Company, bearing date November 1,1912, *270payable in one year after date, with interest, one note being in the amount of $96,733.52, the other $3,094.63.… Andrew Gulick & Co. v. Cyclemotor Corp. Page 7475 The vacillating conduct of both parties in this action has very much confused the issue.… Frederick Zittel & Sons v. Schwartz Page 7476 This is an action for commissions upon the sale of the stock of a corporation which involved the transfer of a lease of substantial value.… De Boulet v. City of New York Page 7477 This is an action for personal injuries sustained by the plaintiff from slipping and falling on ice on the southerly sidewalk of West Seventy-ninth street in front of the premises known as Nos. 168-170 West Seventy-ninth street, on Wednesday, the 12th day of December, 1917.… Thomashefsky v. Edelstein Page 7478 The action is brought for the dissolution of an alleged copartnership and an accounting, and the appointment of a receiver.… The action is brought to recover damages for the alleged wrongful cancellation of the following contract: *372“New York, March 20th, 1915.… This action is brought to recover damages claimed to have been sustained through the negligence of defendant in allowing and permitting its platform at the Wall Street station of the Broadway route to become overcrowded, and in failing to maintain any railing or appliance in common .use to prevent passengers and… In re Estate of Hurley Page 7481 Timothy Hurley died in December, 1917. An alleged last will and testament was propounded for prolate, which was contested.… Mandel v. Guardian Holding Co. Page 7482 This action was brought by Henry Handel against the Guardian Holding Company, Inc., for the specific performance of an alleged agreement dated November 18, 1919, whereby the defendant gave to the plaintiff an option for a period of sixty days to purchase the premises 471-473 Fifth avenue and 4-6 East Forty-first… Hexter v. Day-Elder Motors Corp. Page 7483 Defendant is a foreign corporation, organized under the laws of the State of New Jersey, having its factory and principal office in that State.… Kaiser v. Kaiser Page 7484 The appeals from the interlocutory and final judgments "bring up for consideration the effect of a decree of divorce granted by the Court of Common Pleas of Philadelphia, State of Pennsylvania, obtained by the defendant herein by default.… People v. Krauss Page 7485 The defendant, a boy of seventeen years of age, was in the employ of Stern Brothers, a department store in the borough of Manhattan, city of New York.… People ex rel. City of New York v. Page Page 7486 This is an appeal by the relator from part of a final order made at the Westchester Special Term September 27, 1918, in certiorari proceedings, which order directs that the assessment of a certain designated parcel be reduced from $50,000 to $40,000, and also from that part of the order which dismisses the writ of… Charles S. Sofield and Alexander Frazer Co. v. W. Beckers Aniline and Chemical Works, Inc. Page 7487 We think the learned trial justice erred in allowing the amendment bringing in the Alexander Frazer Company as a party plaintiff.… In re the Bronx Parkway Commission Page 7488 Every intendment is in favor of the report.… Schell v. Schell Page 7489 The court upon sufficient proof found these facts: On August 3, 1903, the plaintiff caused to be prepared a paper termed an “ indenture,” whereby he granted and released to the defendant, his wife, all of his right, title and interest in two certain parcels of land in two annexed deeds of grant.… Treadwell v. City of Yonkers Page 7490 It appears that the trend of the unsewered street justified the construction of a basin in the gutter.… Prior to this accounting proceeding, an application was made by the respondent Maurice B.… People v. Hall Page 7492 The appellant was convicted in the Domestic Relations Court before one of the city magistrates in the borough of Brooklyn, of violation of section 494 of the Penal Law (as added by Laws of 1910, chap.… People v. Morano Page 7493 The theory of the prosecution is that the homicide was directed by a conspiracy of which the defendant was one of the master spirits.… People v. Salter Page 7494 We concluded that the conviction was right, but that the sentence was not lawful.… In re Scheibel Page 7495 By a map filed in 1839 the streets, avenues and public squares of the sixth, seventh, eighth and ninth wards of the former city of Brooklyn were laid out in a regular numbered series extending to the New Utrecht town line.… Riley v. Gordon Page 7496 The defendant demurred to a complaint in slander on the ground that it did not state facts sufficient to constitute a cause of action.… Traylor v. Crucible Steel Co. of America Page 7497 The plaintiff was in 1915 a manufacturer of-heavy machinery at Allentown, Penn., and had an office in the city of New York.… The order from which this appeal is taken directs the issuance of a peremptory writ of mandamus requiring the Inter-borough Rapid Transit Company (hereinafter referred to as the Interborough) to comply in all respects with an order of the Transit Construction Commissioner.… Delano v. County of Suffolk Page 7499 The following is the opinion delivered at Special Term: Before the enactment of the provisions in the County Law making counties municipal corporations and directing actions by or against them to be in the name of the county there were *460numerous decisions holding a county could not be sued in its name, and the same… This action was brought to foreclose a mortgage held by plaintiff as trustee, for bondholders, upon leasehold property known as the Knights of Pythias Temple in East One Hundred and Forty-ninth street between Gerard and Walton avenues in the borough of The Bronx, city of New York.… The plaintiff, Westchester Fire Insurance Company, a domestic corporation (hereinafter referred to as the Westchester Company), is the owner of 500 shares of the capital stock of the Syracuse, Binghamton and New York Railroad Company, a domestic railroad corporation (hereinafter referred to as the Syracuse Company).… The complaint herein sets forth that the plaintiffs, who were copartners, through their agents, W.… Portugal v. Reisman Page 7503 I dissent on the ground that the written contract is not binding on Beisman, or Tashker or the plaintiff and no reformation is necessary, but plaintiff may recover at law on Beisman’s and Tashker’s oral agreement.… Widmayer v. Warner Page 7504 The following is the opinion delivered-at Special Term: The legal effect and fair intendment of the allegations of the complaint show a loan by the defendant Humphries to the plaintiff of $1,000 and the taking of a deed by him in his name of the property foreclosed, of which the plaintiff had been the owner, as… Pierce v. Morris Page 7505 The plaintiff, an infant twelve years of age, was seriously injured by being run down by an automobile owned by the *503defendant.… Raile v. Peerless American Products Co. Page 7506 The amended complaint shows that the plaintiff claimed and filed a hen on the theory of an implied contract for the reasonable value of work, labor and services performed and materials furnished at the special instance and request of the defendant Peerless American Products Company, Inc., in the erection of two… The .ground on which the defendants moved for a dismissal was that the suit is in equity and the plaintiff's remedy is an action at law to recover his down payment under the contract for the purchase of the premises described in the complaint.… Lyon v. Starr Piano Co. Page 7508 This is an action to recover a balance of $500 alleged to be due and owing from the defendant to the plaintiff under a contract in writing made by the parties at Richmond, Ind., on the 31st day of October, 1916, and to recover the sum of $300 royalties alleged to be due to plaintiff thereunder and a balance of $742.50… Brooks v. People's Bank Page 7509 This is an action for money had and received.… The respondent was duly elected at the general election in 1913 a justice of the Municipal Court of the City of New York for the Second Municipal Court District for the term of ten years beginning January 1, 1914.… Miller v. Greenwald Petticoat Co. Page 7511 The action is brought upon a contract of sale of certain material to be used by the defendant in its business.… Schoenholz v. New York Life Insurance Page 7512 The defendant company issued an insurance policy upon the life of one Harry Schoenholz, payable in the event of his death to the defendant Sarah Schoenholz, his sister, as beneficiary.… Finizio v. American Steel Export Co. Page 7513 On the 16th day of October, 1916, the defendant communicated with the plaintiffs, naming certain different prices for packages of four different sizes of sheets of tin with certain weight and at different prices.… Edey v. Segar Page 7514 The plaintiffs are members of a firm carrying on a stock brokerage business in the city of New York, under the firm name of Edey, Leslie & Sloan.… Frisbie v. Lucas Page 7515 The action was brought against the executors of the estate of John W.… New Amsterdam Casualty Co. v. Gross Page 7516 This is a judgment creditor’s action to have the defendant Max Gross adjudged to be the real and true owner of premises No. 67 Stanton street, in the borough of Manhattan, city of New York, and that the defendant Ray Gross be adjudged to *592hold said premises for and in trust for him, and that the same be sold to… Bobrick v. Mackenzie Page 7517 This action is to recover damages for breach of a written contract entered into between the plaintiff, Gabriel A.… The action is in equity by a tenant representing himself and in behalf of all other tenants of 418 West One Hundred and Thirtieth street, enjoining the defendant from proceeding in summary proceedings to eject the plaintiff and other tenants of the said building holding under similar leases.… Upon the opinion handed down herewith in Adelson v. Sacred Associates Realty Corp., No. 1 (192 App.… Herrman v. Hart Page 7520 The complaint herein sets forth two causes of action.… W. R. Grace & Co. v. Jules Maes & Co. Page 7521 On November 26, 1918, plaintiff and defendant’s predecessor entered into a written contract for the purchase of “About Ten thousand (10,000) bags of Good Washed Guatemala Coffee at $19.25 per 100 lbs.… Warwick Knitting Mills, Inc. v. Moses Page 7522 This action is brought to recover the sum of $2,425.34, for goods sold and delivered.… People ex rel. Crane v. Simmons Page 7523 The relator is the administratrix of the goods, chattels and credits of the late George W.… This action is brought to recover damages for breach of a contract for the exclusive right, license and privilege to manufacture, revise, reedit and readapt, from negatives to be loaned by plaintiff to Lincoln & Parker Co., Inc., narrow width and specially perforated films.… This is an appeal by the respondents in the court below from an order setting aside the election of directors of the corporation known as “ P.… East 82nd Street Corp. v. Rogers Page 7526 This is an appeal from an order denying plaintiff’s motion for an injunction pendente lite arising out of the following state of facts.… This is an appeal from a judgment dismissing the plaintiff’s complaint upon the conclusion of plaintiff’s case.… National Surety Co. v. Fulton Page 7528 The plaintiff issued its fidelity bond to the general creditors’ committee of the Kentucky Refining Company against any loss it might sustain not exceeding $10,000, “ by reason of any act of personal dishonesty, forgery, theft, larceny, embezzlement, wrongful conversion or abstraction ” on the part of defendant as an… Cull v. Union Railway Co. Page 7529 On the 27th day of April, 1918, plaintiff’s intestate was a passenger on a south-bound open car of the defendant which was being operated in the borough of The Bronx, New York city, upon a line, the southerly terminus of which was One Hundred and Thirty-eighth street and Third avenue.… Hocking Valley Railway Co. v. Barbour Page 7530 This case was before us upon a former appeal from a judgment holding that the complaint did not state a cause of action.… The action is brought to recover the sum of $110,000 and upwards for work done under a contract between the plaintiff and the defendant for the construction of a reservoir with appurtenances known as Silver Lake Reservoir in the borough of Richmond, in the city of New York.… C. J. O'Brien, Inc. v. Stokes Page 7532 The action was brought to recover for services in the publication of a book at the request of the defendant who was its author.… Belden v. Belden Page 7533 The plaintiffs have recovered judgment against the defendant individually and as executrix of the estate of William Belden, deceased, upon a life insurance policy issued upon the life of the decedent.… Drake v. Hodgson Page 7534 This is an appeal by the plaintiff from a judgment dismissing plaintiff’s complaint on defendants’ motion, made at the opening of the trial, upon the ground that the complaint failed to state facts sufficient to constitute a cause of action.… This action is brought to recover damages for the alleged breach of written contracts for the sale of 150 pounds of' potassium guaiacol sulphonate.… Boos v. Field Page 7536 The trial justice set aside the verdict in favor of the defendant on the ground that it was not fairly sustained by the evidence and because he erroneously submitted the plaintiff’s contributory ’ negligence to the jury.… The complaint seeks to recover hydrant rentals, in its first count, upon a special contract, and, in its second count, upon a quantum meruit.… Drena v. Travelers Insurance Page 7538 This action is to recover upon a life insurance policy upon the life of the plaintiff’s husband.… The contention of the relator is that the enactment of section 308 of the Code of Criminal Procedure, which requires the court to assign counsel in certain criminal cases, changes the rule of People ex rel.… Peterson v. Kirby Page 7540 The order of arrest was granted upon allegations of fraud, in the making of representations relative to a West Virginia syndicate in which the defendant was interested.… This judgment was obtained after a trial before a referee.… People v. Luft Page 7542 The indictment was for a violation of sections 751 and 766 of the Penal Law.… People v. Lilymeld Page 7543 The questions presented in this case are substantially those presented in the case of People v. Luft (192 App.… Mitchell v. Banco de Londres y Mexico Page 7544 The underlying question in the disposition of all the motions which are here to be considered is, whether the objections to the complaint are well taken.… Berlin Construction Co. v. Hoops Page 7545 Upon the first trial of this action the court dismissed the complaint at the close of the entire case.… The defendant appeals from an order granting the application of the New York Dock Company for an alternative writ of mandamus, by which the defendant is directed to show cause why he should not certify a voucher pursuant to the provisions of the Rapid Transit Act (Laws of 1891, chap.… People ex rel. Mills v. Knapp Page 7547 The relator is a New Jersey corporation, engaged in manufacturing and selling cotton and special fabrics at Passaic, N.… The action is in ejectment, and we are interested only in the strength of the plaintiff’s title, as the defendant’s title is quite immaterial if the plaintiff is not entitled to the property.… The Public Service Commission, Second District, has ordered: “ That Western Union Telegraph Company shall, beginning January 1, 1920, discontinue its present practice of requiring Postal Telegraph-Cable Company to pay cash for such intrastate telegraph messages as shall be delivered to said Western Union Telegraph… The plaintiff brings this action to recover for the alleged wrecking of its steamboat by reason of certain obstructions said to have been placed in the Hudson river by the defendants.… The employer is a corporation of which the claimant is its president and treasurer.… At the place of the accident the appellant operates a double-track electric railroad parallel with and contiguous *777to the four-track railroad of the New York Central Railroad Company.… The awards must be reversed because the accident did not arise out of the employment.… New York Central Railroad v. Barnet Page 7554 On the trial of this action the plaintiff herein introduced in evidence the judgment roll, the charge of the court to the jury, and the material testimony in the Forstner action.… Leichtung v. Natkin Page 7555 Defendants owned a summer boarding house and leased it to the plaintiff.… The plaintiff is a corporation engaged in the business of selling real estate on commissions.… Bankers Trust Co. v. Denver Tramway Co. Page 7557 The bonds which plaintiff claims should be subject to the sinking fund provisions of the trust agreement were never sold pursuant to its terms but were deposited with the trust company as collateral security for a note of the defendant, and hence have no relation to the sinking fund.… Brill v. Friedhoff Page 7558 On October 30, 1907, plaintiffs leased to Henry C.… The defendant corporation appealed upon the ground that the possession of the book with intent to sell and show the same did not offend against the provisions of the law.… Chapter 724 of the Laws of 1905 provides for acquisition by the city of New York, appellant here, of an additional water supply; sections 7 to 9, inclusive, of said act provide that the corporation counsel shall apply to a Special Term of the Supreme Court in the judicial district where the lands sought to be acquired… Lendrum v. Village of Cobleskill Page 7561 The defendant is a municipal corporation, an incorporated village, within the State of New York.… Winslow v. Day Page 7562 The defendant, a real estate broker in New York city, placed in the hands of the plaintiff, a real estate broker in the city of Troy, the sale of certain real estate in the last-mentioned city promising to divide with the plaintiff the commissions of five per cent if the latter procured a purchaser at the price of… The relator Judge is engaged in the business of manufacturing and selling gas for light, heat and power in the city of Buffalo.… People v. Parsons Page 7564 The indictment charges the defendant with having feloniously uttered a forged letter purporting to have been written December 18, 1917, by Griffin S.… In re the Probate of the Will of Perkett Page 7565 The appellant, Mary Jane Perkett, is the widow of the deceased.… The appellants contend that the three legacies in question did not vest until the death of the life tenant but were in the meantime only contingent on her survival by the legatees.… People v. Henderson Page 7567 The indictment charges 'the defendants with the “ crime of violating subdivision P of section 30 of the Liquor Tax Law of the State of New York committed as follows,” and then it is alleged that the defendants “ on or about the 18th day of July, 1918, at the town of Lansing, in the county of Tompkins and State of New… The State Industrial Commission has found as conclusions of fact that on the 24th day of May, 1919, Hyman Dworkowitz sustained injuries resulting in his death on the twenty-sixth of that month while in the course of his regular employment as a fireman on board one of the boats of the Harlem River Towboat Line, Inc.… I respectfully submit that Matter of De Filippis v. Falkenberg (170 App.… Schafer v. Rose-Gorman-Rose, Inc. Page 7570 That the plaintiff’s right leg is in a serious condition appears from the testimony of the physicians of both the plaintiff and defendant upon the trial of this action; that she received such injury by being struck by defendant’s truck, on the 23d day of September, 1918, on Broadway in the city of Kingston, N.… Grew v. Mountain Home Telephone Co. Page 7571 In the month of January, 1919, the defendant procured the arrest of the plaintiff upon the charge of violating section 1423 of the Penal Law of this State.… People ex rel. Noel v. O'Dell Page 7572 On the 21st day of March, 1910, Lillian Beatrice Noel was bom at Troy, N.… Paddleford v. State Page 7573 The claimants, appellants, herein allege that on June 11, 1912, they entered into a contract with the New York State Commission of highways for the construction and improvement of county highway No. 705, county of Chenango, N.… Claim of Sabatelli v. De Robertis Page 7574 On March 10, 1919, the claimant was working for the employer, appellant, as manager and salesman in a pastry, ice-*874cream and confectionery store at 176 First avenue, New York city; next door was a saloon in which the employer had an interest.… Claim of Hansen v. Flinn-O'Rourke Co. Page 7575 The claimants here are mother and minor brother of the deceased.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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