John E. KING v. John L. DUDLEY, Jr. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Motion denied, with $10 costs. Order filed. Edith A. KING, respondent, v. C. Willis KING, appellant. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Third finding of fact reversed. Judgment modified, by striking therefrom the provisions that the parties be separated from bed and board for ever, and that the care, custody, and education of the child be awarded to plaintiff, by reducing the weekly payment to the wife to $4 a week, and by striking out the award of $100 to plaintiff's attorneys, and, as so modified, affirmed, without costs to either party. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur. John W. KINNEY, respt., v. NEW YORK CENTRAL & HUDSON RIVER RAILROAD CO., applt. (Supreme Court, Appellate Division, Fourth Department. March 17, 1920.) Motion for reargument denied. Motion for leave to appeal to Court of Appeals granted. KITTANNING FACE BRICK CO., Inc., Respt., v. Lawrence B. PEART, Applt. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Judgment affirmed, with costs. No opinion. Order filed. John F. KLINGLER, as administrator, etc., of John H. Klingler, deceased, respondent, v. Isaac COHN, appellant. (Supreme Court, Appellate Division, Second Department. June 4, 1920.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Mills, Rich, Putnam, and Kelly, JJ., concur. John C. KNICKERBOCKER, Applt., v. The PRESS PUBLISHING CO., Respt. (Supreme Court, Appellate Division, Fourth Department. May 12, 1920.) Order (176 N. Y. Supp. 343) affirmed, with $10 costs and disbursements, with leave to the plaintiff to plead over within 20 days upon payment of the costs of the motion and of this appeal. All concur. Fred J. KNIGIIT and Peter H. Bush, copartners, etc., respondents, v. Macgrane COXE, appellant. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Judgment unanimously affirmed, with costs. No opinion. Theodore E. KNOWLTON, respt., v. Henry CARLTON, impleaded, etc., applt. (Supreme Court, Appellate Division, Fourth Department. March 17, 1920.) Motion granted, and appeal dismissed, with costs. John KRAMB, respt.-applt., v. Julia HAR ING et al., applts.-respts. (Supreme Court, ApPellate Division, Fourth Department. May 21, 1920.) Judgment and order affirmed, with costs. Held, while the statement of witness Fisher should have been received as bearing upon the credibility of his testimony, we think the substance of it was elicited upon cross-examination so far as material, and that no prejudicial error was committed in rejecting it. All con cur. Israel KRAVITZ, Respt., v. J. LEBERMAN & CO., Inc., Applt. (Supreme Court, Appellate Division, First Department. May 14, 1920.) Judgment and order affirmed, with costs. No opinion. Order filed. Abner W. LAMB, and one, Respts., v. Floyd LOOKER. Applt. (Supreme Court, Appellate Division, Fourth Department. May 12, 1920.) Judgment affirmed, with costs. All concur. (182 N.Y.S.) Charles LAMPHEAR, appellant, v. Amos S. LAMPHEAR et al., respondents. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Motion granted. Louis LANDE v. L. & S. CONSTRUCTION CO., Inc. (Supreme Court, Appellate Division, First Department. May 28, 1920.) Motion denied, with $10 costs. Order filed. William S. LEEDS, appellant, v. Mary E. JOYCE, etc, respondent. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Mills, Blackmar, Kelly, and Jaycox, JJ., con cur. James W. LEES, as administrator, etc., of Mary Reeder Lees, deceased, respondent, v. NEW YORK CONSOLIDATED RAILROAD COMPANY, appellant. (Supreme Court, ApEmil A. LASHEK, plaintiff-appellant, v. pellate Division, Second Department. June 4, NEW YORK PRODUCE EXCHANGE 1920.) Judgment and order unanimously afBANK, defendant-respondent. (Supreme firmed, with costs. No opinion. See, also, 109 Court. Appellate Term, First Department. Misc. Rep. 608, 180 N. Y. Supp. 546. June 24, 1920.) Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Emil A Lashek against the New York Produce Exchange Bank. From a judgment for defendant, after a trial by the court without a jury, plaintiff appeals. Affirmed. PER CURIAM. This judgment is affirmed, since we find no error of law in the determination of the learned trial judge. We are unable to determine from the record whether the conceded value of the bond, $918.60, included the value of the unpaid coupons apparently attached to the bond, or not; nor do we find any record of the amount of such coupons. If the value stated is exclusive of the coupons, plaintiff's judgment should be increased by that amount. As the respective parties concede that all their acts in respect to the subject-matter of the transaction were in good faith, we have no doubt that a stipulation as to the coupons and the correct amount of the judgment can be submitted and the judgment corrected accordingly, if necessary. Judgment affirmed, with $25 costs. = Charles F. LAWLER, plaintiff, v. SHEFFIELD CONSTRUCTION COMPANY, respondent, and others, defendants; William J. Dilthey, appellant; Sound Holding Company, purchaser-respondent. (Supreme Court, Appellate Division, Second Department. June 11, 1920.) Motion denied, with $10 costs. In the matter of the application of the CITY OF NEW YORK, relative to acquiring title to LAWRENCE AVENUE from FORTYSEVENTH STREET to OCEAN PARKWAY, etc. (Supreme Court, Appellate Division, Second Department. May 14, 1920.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Mills, Rich, Putnam, and Blackmar, JJ., concur. In the Matter of the Application of Seth Penn LEET, Com'r, for the issuance of subpœnas to Abraham H. Barashick et al. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. George LEHMAN, Applt., v. Gifford D. RICHARDSON, impleaded, etc., Respt. (Supreme Court, Appellate Division, First Department. May 14, 1920.) Order affirmed, with $10 costs and disbursements, with leave to plaintiff to serve an amended complaint on payment of said costs and $10 costs of motion at Special Term. No opinion. Order filed. Florence LEHMAN, appellant, V. Edna SPICER et al., respondents, (Supreme Court, Appellate Division, Second Department. June with $10 costs. 25, 1920.) Motion to dismiss appeal granted, Abraham LEICHTAG v. REALTY ASSOCIATES. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Application granted. Order signed. SCHWILL & COMPANY, Applt. John E. LELONG, respondent, v. FARMERS' Jones, as administrators, etc., of Philip Livingston Jones, deceased, appellants. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Judgment and order unanimously affirmed with costs. No opinion, Thomas F. LEE, Applt., v. Lawrence DON-LOAN & TRUST COMPANY and Helene Lucas AHUE, Respt. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Order affirmed, with $10 costs and disbursements, with leave to defendant to answer as directed in order. No opinion. Order filed. Held, that the evidence is insufficient to establish a partnership or joint venture of the parties. All concur. Sygmunt LIPOWSKI and Max Moser copartners, etc., appellants, v. HEFTER & COMPANY, Inc., respondent. (Supreme Court, Appellate Division, Second Department. June 4, 1920.) Order unanimously affirmed, with costs. No opinion. Louisa LIVERANI, as administratrix, etc., respondent, v. JOHN T. CLARK & SONS, Inc., appellant, and another, defendant. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Motions denied, without costs. Lester M. LIVINGSTON, Respt., v. Aaron HECHT, Applt. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Order affirmed, with $10 costs and disbursements; the date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. In the Matter of the ESTATE of James D. LOCKWOOD, deceased. (Supreme Court, Appellate Division, Fourth Department. May 12, 1920.) Motion granted to amend order of affirmance so as to allow full bill of costs to respondent. (Su Mayer LOEB, plaintiff-respondent, v. Abe CUTLER et al., defendants-appellants. preme Court, Appellate Term, First Department. June 9, 1920.) Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Mayer Loeb against Abe Cutler and others. Judgment for plaintiff, after trial by court without a jury and defendants appeal. Reversed, and complaint dismissed. PER CURIAM. We think the complaint should have been dismissed as against the appellant Portman, upon the ground that he was not a party to the check. His answer was not at all clear on that head nor was the argument on the motion to dismiss, and it is not to be wondered at that the learned trial justice overlooked the point in giving judgment against Portman. It would serve no purpose to send the case back for a new trial. Judgment reversed, with $30 costs, and complaint dismissed, with costs. Louis I. SCHWARTZ & CO., Inc., v. Louis JURICK et al. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion for stay denied, with $10 costs. Order filed. Ralph LOWENBEIN, respondent, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, appellant. (Supreme Robert B. McFALLS, as administrator, etc., Louis I. LUTES, Respt., v. Isidore I. RUS- of Robert B. McFalls, Jr., deceased, respondENSTEIN, Applt. (Supreme Court, Appel-ent, v. Anne NICHOLL, appellant. (Supreme late Division, Fourth Department. May 12, Court, Appellate Division, Second Department. 1920.) Judgment and order affirmed, with costs. No opinion. Jenks, P. J., and Rich and PutMay 21, 1920.) Order affirmed, with costs. nam, JJ., concur. Mills and Blackmar, JJ., dissent. All concur. Nellie LYONS, respt. v. The MACCABEES, Delia Lyons, and Mary Lyons, applts. (Supreme Court, Appellate Division, Fourth Department. May 21, 1920.) Motion for reargu ment denied, with $10 costs. Motion for leave to appeal to Court of Appeals denied. Owen J. MCGOWAN, respondent, v. Eleanore L. LASSOE and Caroline Bateman, appellants, and another, defendant. (Supreme Court, Appellate Division, Second Department. May 14, 1920.) Judgment and order reversed, and new trial granted, with costs to abide the event, on the grounds that plaintiff was not the proMax MAAG v. ALBERT T. OTTO & SONS, curing cause of the sale, that the property was Inc., et al. (Supreme Court, Appellate Divi- not sold pursuant to the terms of his employsion, First Department. May 21, 1920.) Mo- ment as broker, and that his agency on the tion denied, with $10 costs. Order filed. original terms was terminated before the sale. Jenks, P. J., and Mills, Rich, Blackmar, and Jaycox, JJ., concur. George G. McCASKEY v. CUMBERLAND GLASS MANUFACTURING CO. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion granted, and appeal restored to calendar for the October term, 1920. Order filed. Matter of John MacGREGOR, an attorney. (Supreme Court, Appellate Division, First Department. June 4, 1920.) Motion for commission granted. Settle order on notice. Henry McGUINESS, respondent, v. Sidney [ BEIR, appellant. (Supreme Court, Appellate Division, Second Department. May 7, 1920.) Judgment and order unanimously affirmed, with costs. No opinion. Stephen A. MACHCINSKI, respondent, v. LEHIGH VALLEY RAILROAD COMPANY, appellant, and another, defendant. (Supreme Court, Appellate Division, Second Department. May 21, 1920.) Motion denied, with $10 costs. Thomas L. McKAY, Applt., v. Michael J. MCDONALD, Respt. (Supreme Court, Appellate Division, Fourth Department. May 12, 1920.) Motion granted, and appeal dismissed, with costs. J. Hermon McLEAR, respondent, v. Joseph BALMAT, Northern Ore Company, et al., appellants. (Supreme Court, Appellate Division, Second Department. June 9, 1920.) Motion denied, upon condition that the defendant Northern Ore Company within five days file an undertaking executed by a surety company that it will pay all costs and damages which may be awarded against it on this appeal, and that it will not commit or suffer waste, and that it will pay the value of the use and occupation of the premises involved in this action, not exceeding the sum of $5,000. William MacMAHON, an infant, by William G. MacMahon, his guardian ad litem, respondent, v. PURE OIL COMPANY, appellant. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Judgment and order unanimously affirmed, with costs. No opinion. William G. MacMAHON, respondent, V. PURE OIL COMPANY, appellant. (Supreme Court, Appellate Division, Second Department. June 25, 1920.) Judgment and order unanimously affirmed, with costs. No opinion. Marion F. MAHON, as sole ex'x, etc., Respt., v. WADDELL & MAHON CORP., Deft., Impleaded with Bergoff Bros. & Waddell, Inc., et al., Applts. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Order modified, by providing that the words "the accounts receivable, stock book, minute book, canceled checks, letters, and all other communications and papers pertaining to any and all firms, corporations, and individuals employing the defendant Waddell & Mahon Corporation, and," and the words "as well as all references of the defendant Bergoff Bros. & Waddell, Inc.," be stricken out of the original order for examination, and, as so modified, the order appealed from is affirmed, without costs. No opinion. Settle order on notice. Kate C. MAHONEY ▼. ERNESTINE DABLE. (Supreme Court, Appellate Division, First Department. May 21, 1920.) Application denied, with $10 costs. Order signed. In the matter of the claim of Guiseppe MALANDRINO for compensation under the Workmen's Compensation Law, claimant, respondent, v. SOUTHERN NEW YORK POWER & RAILWAY CORPORATION, employer and self-insurer, applt. (Supreme Court, Appellate Division, Third Department. May 14, 1920.) Motion denied. Frank P. MALLA, Respt., v. David SCHULDINER, Inc., Applt. (Supreme Court, Appellate Division, First Department. May 28, 1920.) Judgment and order affirmed, with costs. No opinion. Order filed. Charles MARSHALL, as adm., etc., respt., v. N. Y. O. & W. RY. CO., applt. (Supreme Court, Appellate Division, Fourth Department. March 17, 1920:) Judgment and order affirmed, with costs. All concur. In the Matter of Hannah MARX, Deceased. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Order (109 Misc. Rep. 58, 179 N. Y. Supp. 302) affirmed, with $10 costs and disbursements. No opinion. Order filed. Matter of Frederick W. MATTHIESSEN, deceased. (Supreme Court, Appellate Division, First Department. June 18, 1920.) Motion denied, with $10 costs. Order filed. In the matter of the petition of Matthew T. MEAGHER and Nicholas J. Hughes, to prove the Last Will and Testament of William McKee, late of Kings County, deceased. (Supreme May 7, 1920.) Decree of the Surrogate's Court Court, Appellate Division, Second Department. of Kings County affirmed, with costs. No opinion. Jenks, P. J., and Mills, Rich, Putnam, and Blackmar, JJ., concur. In the matter of the petition of Matthew T. MEAGHER and Nicholas J. Hughes, to prove the last Will and Testament of William McKee, deceased. (Supreme Court, Appellate Division, Second Department. June 11, 1920.) Motion to resettle order granted, so as to allow one bill of costs to the respondents, payable out of the estate. Motion to allow costs to appellants denied. |