OFFICIAL EDITION REPORTS OF CASES HEARD AND DETERMINED IN THE APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK. JEROME B. FISHER, REPORTER. VOLUME CIX. 1906. J. B. LYON COMPANY, ALBANY, N. Y. 105 Entered, according to Act of Congress, in the year nineteen hundred and six, BY JOHN F. O'BRIEN. SECRETARY OF THE STATE OF NEW YORK, In trust for the benefit of the People of the said State, in the office of the Librarian of Congress, at Washington, D. C. Volumes 20, 30, 40, 50, 60, 70, 80 and 90 of Hun's Reports and volumes 10, 20, 30, 40, 50, 60 and 70 of the Appellate Division Reports contain Tables of Causes passed upon by the Court of Appeals. These tables include all cases reported in Hun's Reports which have been passed upon by the Court of Appeals. Volume 100 of the Appellate Division Reports contains a Table of Causes passed upon by the Court of Appeals which includes all cases reported in the Appellate Division Reports which had been passed upon by the Court of Appeals previous to the time when said volume 100 was issued. JEROME B. FISHER, Reporter. iv CAUSES in which the decisions contained in the Appellate Division Reports have been passed upon by the Court of Appeals. ANDRUS v. NATIONAL SUGAR REFINING Co.... 93 App. Div. 377 BIRDSINGER v. MCCORMICK HARVESTING MACHINE CO....... 95 App. Div. 621 Judgment affirmed: 183 N. Y. 487. BIRMINGHAM TRUST & S. Co. v. WHITNEY. ..... Judgment affirmed: 188 N. Y. 522. ..... 95 App. Div. 280 Orders modified and judgment affirmed: 183 N. Y. 425. ..... Judgment affirmed: 183 N. Y. 510. CLARK v. METROPOLITAN STREET RY. Co...... CLEVELAND CITY F. & I. Co. v. STERN.... Judgment affirmed: 183 N. Y. 556. CONLEY V. LACKAWANNA IRON & STEEL CO...... Judgment affirmed: 183 N. Y. 551. CORBET v. MANHATTAN BRASS Co...... Judgment modified: 183 N. Y. 548. 102 App. Div. 573 100 App. Div. 511 94 App. Div. 612 102 App. Div. 614 96 App. Div. 625 94 App. Div. 149 93 App. Div. 217 |