Eastman Kodak Company against Maurice G. | Action by the Eppinger & Russell_Company ROBSON, J., dissents. EATON V. HARTFORD FIRE INS. CO. (Supreme Court, Appellate Division, First Department. May 12, 1911.) Action by Charles M. Eaton against the Hartford Fire Insurance Company. No opinion. Motion granted, on payment of $10 costs. Order filed. against the United States Wood Preserving Company. J. J. Cunneen, for appellant. S. A. Crummey, for respondent. No opinion. Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer, on payment of costs in this court and in the court below. Order filed. Court, Appellate Division, First Department. EVANS et al. v. PELTA et al. (Supreme May 12, 1911.) Action by Bertha Evans and others against Charles Pelta and others. No Order signed. opinion. Application granted. FARBEROFF v. S. BONEWUR, Inc. (Su EDLIN, Respondent, v. BROOKLYN R. CO.. Appellant. (Supreme Court, Appellate Division, Second Department. May 19, 1911.) Action by Annie L. Edlin, as administratrix, etc., of Arthur T. Edlin, deceased, against the Brook-preme Court, Appellate Division, First Departlyn Railroad Company. April 28, 1911.) Action by Samuel No opinion. Judgment and order unanimously affirmed, with Farberoff against S. Bonewur, Incorporated. No opinion. Motion denied, with $10 costs. Order filed. costs. EIDT v. EIDT et al. (Supreme Court, Appellate Division, First Department. May 26, 1911.) Action by John C. Eidt against Margaret Eidt and others. No opinion. Motion granted. Question certified as stated in order. Order filed. ELBERT, Respondent, v. GEHRIG, Appellant. (Supreme Court, Appellate Division, First Department. May 12, 1911.) Action by Benedict Elbert against Karl T. Gehrig, as treasurer, etc. S. J. Block, for appellant. A. P. Wagener, for respondent. No opinion. Order modified, by requiring plaintiff to pay all costs of action to date and $10 costs of opposing motion as a condition of allowing him to reply, and, as so modified, affirmed, without costs. Settle order on notice. ELDER, Appellant, v. INTERNATIONAL RY. CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. May 31, 1911.) Action by Frank S. Elder against the International Railway Company. No opinion. Motion for leave to appeal to Court of Appeals denied, with $10 costs. For former decision, see 128 N. Y. Supp. 1122. In re ELLISON. (Supreme Court, Appellate Division, First Department. June 9, 1911.) In the matter of John E. Ellison. No opinion. Motion denied. Settle order on notice. EMERSON, Appellant, v. MCADOO et al., Respondents. (Supreme Court, Appellate Division, First Department. May 12, 1911.) Action by Sarah H. Emerson against William McAdoo and others. B. Rembaugh, for appellant. T. Farley, for respondents. No opinion. Order affirmed. Order filed. EPPINGER & RUSSELL CO., Respondent, . UNITED STATES WOOD PRESERVING CO., Appellant. (Supreme Court, Appellate Division, First Department. May 5, 1911.) 129 N.Y.S.-71 ment. FARBEROFF v. S. BONEWUR, Inc. (Supreme Court, Appellate Division, First Department. April 28, 1911.) Action by Samuel Farberoff against S. Bonewur, Incorporated. No opinion. Application denied, with $10 costs. Order signed. TY STEEL & IRON CO. (Supreme Court, FEDERAL SMELTING CO. v. SECURI PER CURIAM. Order affirmed, with $10 costs and disbursements. HOUGHTON, J., not sitting. BETTS, J. (dissenting). I concur with the prevailing opinion herein, except in two particulars: First. The Special Term was clearly wrong in my opinion, in deducting from the costs as taxed $25 from the $35 item allowed upon the amendment of the answer. That $35 was alary 27, 1909, Justice Fitts presiding, as a conlowed to plaintiff by the Special Term Februdition imposed on the defendant for permission granted to amend its answer. That order still stands, not appealed from, so far as appears, and could not be reversed by another justice sitting at Trial or Special Term. It should have been permitted as costs taxed or allowance made by direction of a justice of the court. So far as this $35 item is concerned, it is just the same in the bill of costs taxed by plaintiff and the credit thereon by the plaintiff as though it had not been inserted at all. It has taxed the $35 as granted by the court, and has credited the same amount as a payment thereof by the defendant. As it is in the order appealed from, $10 only is allowed the plaintiff for the amendment, and the defendant is credited with having paid $35 on that $10, which, of course, is awkward arithmetic. The costs payable by | 1911.) Action by Charles Flaum against the the defendant to the plaintiff would then stand: Total for costs.... Total for disbursements. Total amount allowed...... Credited thereon by payments by defendant at different times.... Total for costs and disbursements remaining to be paid by defendant to plaintiff $185 104 $289 85 $204 Second. The order, as thus modified, should in my opinion be affirmed, without costs to either party. There are a sufficient number of contradictory decisions as to whether the stenographer's minutes should be taxed or not, and as to several other items that were included in the bill as taxed, as to warrant plaintiff in appealing, and I think no costs should be awarded of this appeal. FEUER, Appellant, v. SUWALSKI, Respondent. (Supreme Court, Appellate Division, Second Department. May 26, 1911.) Action by Henry Feuer against Louis Suwalski. No opinion. Judgment of the Municipal Court affirmed, with costs. FIRST NAT. BANK OF CITY OF NEW YORK v. GOW. (Supreme Court, Appellate Division, First Department. May 12, 1911.) Proceeding by the First National Bank of the City of New York against William Gow, judgment debtor. W. Rand, Jr., for appellant. E. Bisbee, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 67 Misc. Rep. 547, 124 N. Y. Supp. 755. R. FISHER, Appellant, v. FISHER, Respondent. (Supreme Court, Appellate Division, First Department. May 26, 1911.) Action by Robert L. Fisher against Florence E. Fisher. B. Wood, for appellant. H. Eckhard, for respondent. No opinion. Order modified, by reducing counsel fee to $200, and, as so modified, affirmed, without costs. Order filed. See, also, 128 N. Y. Supp. 1123. FITZPATRICK, Respondent, v. KNIGHTS OF COLUMBUS, Appellant. (Supreme Court, Appellate Division, Second Department. May 5, 1911.) Action by Matilda Fitzpatrick against the Knights of Columbus. No opinion. Motion for reargument denied, with $10 costs. For former opinion, see 128 N. Y. Supp. 366. FLANSBURG, Respondent, v. TOWN OF ELBRIDGE, Appellant. (Supreme Court, Appellate Division, Fourth Department. May 3, 1911.) Action by James Flansburg against the Town of Elbridge. PER CURIAM. Judgment and order affirmed, with costs. ROBSON, J., dissents. FLAUM, Respondent, v. KAISER BROS. CO. et al., Appeilants. (Supreme Court, Appel Kaiser Bros. Company and others. B. N. Cardozo, for appellants. J. C. Weschler, for re spondent. No opinion. Judgment (66 Mis Rep. 586, 122 N. Y. Supp. 100) affirmed, with costs. Order filed. FLEISCHER v. STEINFELD et al. (Supreme Court, Appellate Division, First Department. May 12, 1911.) Action by Rudcipa Fleischer against Samuel Steinfeld and others. No opinion. Application denied, with $10 costs. Order signed. See, also, 127 N. Y. Supp. 1067. FLEMING, Respondent, v. FIELD. Appeilant. (Supreme Court, Appellate Division. Second Department. April 28, 1911.) Action by John H. Fleming against William D. C. Field. PER CURIAM. Order affirmed, with $10 costs and disbursements. See, also, 139 App Div. 935, 124 N. Y. Supp. 1115. HIRSCHBERG, J., dissents. FLOUEST, Appellant, v. NEW ROCHELLE TRUST CO., Respondent. (Supreme Court. Appellate Division, Second Department. Apr. 28, 1911.) Action by Alice J. Flouest against the New Rochelle Trust Company. No opinion Judgment affirmed on reargument, with costs. FLOUEST, Appellant, v. VIZET et al., Respondents (two cases). (Supreme Court, App-late Division, Second Department. April 2 1911.) Actions by Alice J. Flouest against Vie tor Vizet and others. No opinion. Judgment affirmed on reargument, with costs. FOLEY, Appellant, v. CHRISTOPHER, Respondent. (Supreme Court, Appellate Division. Second Department. April 28, 1911.) Action by Charles Foley against Eliza W. Christopher. No opinion. Judgment and order of the Municipal Court affirmed, with costs. FOLEY v. HAWLEY et al. (Supreme Court. Appellate Division, First Department. May 26, 1911.) Action by Thomas J. Foley agains William Hawley and others. No opinion. A plication denied, with $10 costs. Order signed. FOLEY V. HAWLEY et al. (Supreme Court. Appellate Division, First Department. May 26, 1911.) Action by Thomas J. Foley agains William Hawley and others. No opinion. Mo tion denied, with $10 costs. Order filed. FRANK, Respondent, v. FIRESTONE, AP pellant. (Supreme Court, Appellate Division Second Department. May 5, 1911.) Action by Seamon Frank against Adolph Firestone. N opinion. Motion to dismiss appeal denied, et condition that the appellant place the case upoz the next calendar, and be ready for argument when reached; otherwise, motion granted, with costs. See, also, 139 App. Div. 933, 124 N. I. Supp. 1115. FRASCA et al., Appellants, v. PALUMBO Respondent. (Supreme Court, Appellate Divi tion by Giovanni Frasca and another against | ers. C. Trosk, for appellants. J. B. Roe, for acinto Palumbo. No opinion. Judgment of respondent. No opinion. Order affirmed, with Municipal Court reversed, and new trial $10 costs and disbursements. Order filed. ered, costs to abide the event, for error in ing in the exclusion of question as to the reacable cost of the work, on page 18 of the In re FRIEL. (Supreme Court, Appellate ler against James Galer. 0. G. H. PETERS CO., Respondent, v. ST. JOSEPH'S ROMAN CATHOLIC CHURCH SOCIETY OF PERRY, N. Y., Appellant. (Supreme Court, Appellate Division, Fourth Department. May 24, 1911.) Action by the G. H. Peters Company against the St. Joseph's Roman Catholic Church Society of Perry, N. Y. PER CURIAM. Judgment reversed, and new trial ordered before another referee, with costs to appellant to abide event, upon questions of law and fact. Held, that the tenth and eleventh findings of fact made by the referee are against the weight of the evidence, and that the tinning of the bell decks and the slating of the spires were included in the original contract. STAMPING CO., Appellant. (Supreme Court, GIANGRECO, Respondent, v. ATLANTIC Appellate Division, Fourth Department. May 17, 1911.) Action by Vito Giangreco against the Atlantic Stamping Company. PER CURIAM. Judgment and order affirmed, with costs. MCLENNAN, P. J., and ROBSON, J., dissent, upon the ground that no actionable negligence was established against the defendant. GIBBONS, Appellant, v. HALLAM, Respondent (two cases). (Supreme Court, Appellate Division, First Department. May 12, 1911.) Actions by Charles D. Gibbons against M. Slade, for appellant. Willard F. Hallam. H. R. Stern, for respondent. No opinion. Orders affirmed, with $10 costs and disbursements. Orders filed. GILBERT v. ADAMS. (Supreme Court, Appellate Division, First Department. June 9, 1911.) Action by Marguerite Gilbert against Isabella V. Adams. PER CURIAM. Motion granted, on payment of $10 costs, and, on payment of further $10 costs, defendant will be granted 10 days from entry of order on this motion to file and complied with, motion denied, with $10 costs. serve printed case on appeal. If terms are not Settle order on notice. ALLAGHER, Respondent, v. AUGAR et Appellants. (Supreme Court, Appellate Diion, Fourth Department. May 17, 1911.) tion by Henry Gallagher against John F. GILLEN V. NEW YORK BUTCHERS' gar and another. No opinion. Judgment DRESSED BEEF CO. (Supreme Court, Aporder affirmed, with costs. pellate Division, First Department. May 12, ARNER, Respondent, v. THOMAS, Appel- New York Butchers' Dressed Beef Company. 1911.) Action by John J. Gillen against the t, et al. (Supreme Court, Appellate Divi- No opinion. Motion to dismiss appeal granted, n, First Department. May 19, 1911.) Ac-with $10 costs, unless appellant comply with a by James E. Garner against Benj. F. omas, impleaded with others. W. H. Smith, terms stated in order. Order filed. appellant. J. L. Curtis, for respondent. opinion. Judgment affirmed, with costs. der filed. = GILMORE, Appellant, v. CITY OF UTICA et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. May 24, 1911.) Action by Harrison Gilmore against the city of Utica and others. No opinion. Order affirmed, with $10 costs and disbursements. ERMANIA LIFE INS. CO., Respondent, MEYER et al., Appellants. (Supreme Court, pellate Division, First Department. May 1911.) Action by the Germania Life Insur- GINGOLD, Respondent, v. LYMAN, Appelce Company against Ada E. Meyer and oth-lant, et al. (Supreme Court, Appellate Divi sion, First Department. June 2, 1911.) Action by Isaac Gingold against William Lyman, impleaded with others. E. Williams, for appellant. H. Nathan, for respondent. No opinion. Judgment affirmed, with costs. Order filed. GLEASON, Respondent, v. GLEASON et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. June 2, 1911.) Action by William Gleason against John J. Gleason and others. No opinion. Interlocutory judgment affirmed, with costs. GOETZ, Respondent, v. GORDON et al., Appellants. (Supreme Court, Appellate Division, Second Department. June 9, 1911.) In the matter of supplementary proceedings of Meyer Goetz against Nathan Gordon and another. No opinion. Motion for stay denied, and temporary stay vacated, without costs. GOLDAN v. MURRAY et al. (two cases). (Supreme Court, Appellate Division, First Department. May 26, 1911.) Actions by S. Ormond Goldan against Russell Murray and others. No opinion. Motions denied, with $10 costs. Orders filed. tion for services rendered to defendant at special instance and request. The record voluminous and complicated, owing to the a number of items contained in plaintiff's ti particulars. A careful examination of the ord discloses no prejudicial error of law, and do not find that the judgment is against weight of evidence. The trial justice, b erroneously awarded judgment for the a demanded, which is larger than the amount the items claimed in the bill of particulars e shown at the trial. The judgment should reduced to $237.04, the amount actually pr en, with appropriate costs, and, as modified, of firmed, without costs of the appeal to eith party. All concur. GOODMAN MFG. CO. v. BARNES et a (Supreme Court, Appellate Division, First D partment. April 28, 1911.) Action by th Goodman Manufacturing Company against John A. Barnes, impleaded with others. Ne opinion. Motion to dismiss appeal granted with $10 costs. Order filed. GOODYEAR TIRE & RUBBER CO. R spondent, v. NEW YORK TAXICAB CO., 4o pellant. (Supreme Court, Appellate Divisi GOLDBERG v. MALZMAN et al. (Supreme First Department. June 9, 1911.) Action Court, Appellate Division, Second Department. the Goodyear Tire & Rubber Company against June 2, 1911.) Action by Samuel Goldberg the New York Taxicab Company. E. D. Bra against Pincus Malzman and others. Max for appellant. L. E. Mahan, for respondent. Schleimer, for appellant. Spiro & Wasservogel No opinion. Order affirmed, with $10 costs and (Abraham I. Spiro, of counsel), for respondents. disbursements. Order filed. PER CURIAM. Order affirmed, with $10 costs and disbursements. JENKS, P. J., and WOODWARD, J., dissent, on the authority of Earle v. Beman, 1 App. Div. 136, 36 N. Y. Supp. 833. GOLDSTEIN, Appellant, v. WESSON et al., Respondents. (Supreme Court, Appellate Division, First Department. May 26, 1911.) Action by Melvine W. Goldstein against Emma L. Wesson and others. H. S. Dottenheim, for appellant. A. G. Fox, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. GOODMAN, Respondent, v. SCHWAB, Appellant. (Supreme Court, Appellate Division, First Department. May 26, 1911.) Action by Isaac Goodman against Joseph S. Schwab. C. Goldzier, for appellant. I. Cohn, for respondent. No opinion. Judgment affirmed, with costs. Order filed. See, also, 136 App. Div. 583, 121 N. Y. Supp. 69. GOOSSEN, Appellant. v. CODDINGTON, Respondent. (Supreme Court, Appellate D sion, Fourth Department. May 17, 1911.) As tion by Arthur Goossen, an infant, etc., agains Charles S. Coddington. PER CURIAM. Judgment of County Court reversed, and judgment of Municipal Court af firmed, with costs in this court and County) Court to appellant. MCLENNAN, P. J., dissents, upon the opis ion of the special county judge. GOOSSEN, Appellant, v. CODDINGTON Respondent. (Supreme Court, Appellate Dsion, Fourth Department. June 2, 1911.) 4tion by Arthur Goossen, an infant, etc., a Charles S. Coddington. No opinion. Mar 1 for leave to appeal to Court of Appeals decel with $10 costs. For former decision, see sup GORDON, Appellant, v. JACOBS, Respe ent. (Supreme Court, Appellate Division, be ond Department. May 12, 1911.) Acti opinion. Order of the Municipal Court affiSamuel Gordon against Meyer Jacobs M GOODMAN CONTRACTING CO. v. BAL TIMORE BRIDGE CO. (Supreme Court, Appellate Term. May 4, 1911.) Appeal from Municipal Court, Borough of the Bronx, Second District. Action by the Goodman Contracting Company against the Baltimore Bridge Com-ed, with costs. pany. From a Municipal Court judgment for plaintiff, defendant appeals. Modified and affirmed. Wait & Foster (William L. Bowman, of counsel), for appellant. Foley, Martin & Nelson, for respondent. LEHMAN, J. The plaintiff recovered a judg GORLITZER, Appellant, v. WOLFFREE Respondent. (Supreme Court, Appellate sion, First Department. June 2, 1911.) A by Mary Gorlitzer against Betty Wolffber administratrix, etc. E. J. Bernheimer, for GOULD STORAGE BATTERY CO., Respondent, v. CHABOT, Appellant. (Supreme Court, Appellate Division, First Department. June 2, 1911.) Action by the Gould Storage Battery Company against Theodore J. Chabot. L. O. Van Doren, for appellant. G. F. Hurd, for respondent. No opinion. Judgment affirmed, with costs. Order filed. In re GRIFFIN. (Supreme Court, Appellate Division, Third Department. May 16, 1911.) In the matter of the application of Henry J. Griffin, Town Superintendent of Highways of the Town of Bombay, Franklin County, N. Y., for an order compelling one Calvin O. Harvey to turn over to him the books and papers of said office. PER CURIAM. Order affirmed, with $10 costs and disbursements. SMITH, P. J., not voting. GRIFFITHS, Respondent, v. TOOMEY, Appellant. (Supreme Court, Appellate Division, Second Department. June 9, 1911.) Action by GRAHAM v. HALSTEAD LAND & DE- Albert T. Griffiths against Cornelius P. ToomVELOPMENT CO. (Supreme Court. Anpel- ey. No opinion. Motion to dismiss appeal delate Division, First Department. May 26, 1911.) nied, on condition that appellant pay respondAction by Adeline L. Graham against the Hal-ent $10 costs and perfect his appeal within 10 stead Land & Development Company. No days; otherwise, motion granted, with costs. opinion. Motion and application denied, with $10 costs. Orders signed and filed. GROSSMAN, Respondent, v. ROSENBLUM, Appellant. (Supreme Court, Appellate DiviGRANT et al., Respondents, v. PARSONS. tion' by Joseph Grossman against Barnet Rosension, Second Department. May 26, 1911.) AcAppellant. (Supreme Court, Appellate Division. First Department. May 26, 1911.) Ac-blum. No opinion. Judgment of the Municipal Court affirmed, with costs. tion by Charles A. Grant and others against Samuel Parsons. G. G. Battle, for appellant. C. L. Hoffman, for respondents. No opinion. Order affirmed with $10 costs and disbursements. Order filed. GREENBLAT, Appellant, v. BRYANT, Respondent. (Supreme Court, Appellate Division, Fourth Department. May 10, 1911.) Action by Levi Greenblat against Edward V. Bryant. No opinion. Judgment and crder affirmed, with costs. GUASTI et al., Respondents, v. MILLER, sion, First Department. April 28, 1911.) Ac Appellant. (Supreme Court, Appellate Divition by Secondo Guasti and others against Tobias Miller. J. S. Epstein, for appellant. A. M. Yuzzolino, for respondents. PER CURIAM. Order affirmed, with $10 costs and disbursements. Order filed. MCLAUGHLIN, J., dissents. spondent. (Supreme Court. Appellate Division, GUERNSEY, Appellant, v. RUBINGER, ReFirst Department. May 12, 1911.) Action by Henry W. Guernsey against Charles Rubinger. P. E. Jones, for appellant. W. M. Smith, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 129 N. Y. Supp. 455. GULBRANDSEN v. LORD ELECTRIC CO. (Supreme Court, Appellate Division. First DeGREGORY V. LEDYARD CONST. CO. partment. May 12, 1911.) Action by Michael FREEMAN v. FRIEDENBERG. SAME V. A. Gulbrandsen, as administrator, against the MOSHEIM. (Supreme Court, Appellate Divi-Lord Electric Company. No opinion. Motion sion, First Department. June 9, 1911.) Ac- to dismiss appeal granted, with $10 costs, unless tions by George D. Gregory against the Led- appellant comply with terms stated in order. yard Construction Company. Chester M. Free-Order filed. man against Chas. Friedenberg. Same against Julius E. Mosheim. No opinions. Motions granted, with $10 costs. Order filed. GREIF v. BUFFALO, L. & R. R. CO. (Supreme Court, Appellate Division, Fourth Department. June 2, 1911.) Action by Catherine Greif, as administratrix, etc., against the Buffalo, Lockport & Rochester Railroad Company. PER CURIAM. Plaintiff's exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the nonsuit, with costs. KRUSE, J., dissents. GUTERMAN, Respondent, v. LEVY et al., Appellants. (Supreme Court, Appellate Division, First Department. May 26, 1911.) Action by Theodore Guterman against Morris Levy and others. C. Goldzier, for appellants. J. A. Seidman, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. HALCROW, Respondent, v. BROGAN, Appellant. (Supreme Court, Appellate Division, First Department. May 26, 1911.) Action by Kate Halcrow against Charles Brogan. A. Knox, for appellant. J. F. Harrington, for re |