text:
    Francis F. Neverman, Respondent, v. Jane Neverman et al., Appellants.

      (Argued October 17, 1930;
    decided November 18, 1930.)

      Adelbert F. Jenks, James P. Boyle and Ernest P. Lyons for appellants.
    The contract, being oral, was, in its entirety, void and unenforcible under the Statute of Frauds, and plaintiff's acts of performance were not unequivocally referable to said oral agreement, nor were they unintelligible or extraordinary except as an incident of ownership, and as they admit of explanation without reference to the alleged oral contract, they are not sufficient to save it from the condemnation of the Statute of Frauds. (Burns v. McCormick, 233 N. Y. 230; Lay v. Lay, 75 Ark. 526; Meigs v. Morris, 63 Ark. 100; Van Epps
      v. Redfield, 69 Conn. 104; Crawford v. Crawford, 77 S. Car. 205; Wooley v. Stewart, 222 N. Y. 247; Salem v. Finney, 127 Misc. Rep. 387; Boyles v. Strong, 104 App. Div. 153; Wheeler v. Reynolds, 66 N. Y. 227.)

      Robert J. Landon for respondent.
    The Statute of Frauds does not apply because of performance. (Burns v. McCormick, 233 N. Y. 230; Wooley v. Stewart, 222 N. Y. 347; Hamlin v. Stevens, 177 N. Y. 39; Freeman v. Freeman, 43 N. Y. 34; Salem v. Finney, 127 Misc. Rep. 387; Roberge v. Winne, 144 N. Y. 709; Healy v. Healy, 55 App. Div. 135; 166 N. Y. 624; Winne v. Winne, 166 N. Y. 263; Messiah Home v. Rogers, 212 N. Y. 311; Young v. Overbaugh, 145 N. Y. 158; Lobdell v. Lobdell, 36 N. Y. 331; Miller v. Ball, 64 N. Y. 286; McKinley v. Hessen, 202 N. Y. 24.)
   Pound, J.

The action is brought to set aside a deed dated April 7, 1923, given by defendant Jane Never man, now upwards of eighty years of age, to her daughter, defendant Sarah L. Wilson, conveying a house and lot No. 626 Chrisler avenue in the city of Schenectady. It is brought by her son who alleges in his complaint that in the year 1911 his mother told him he could take the lot, raise money by a mortgage (her mortgage) to build a house and take charge of the property as she did not want to be worried with it any more; that after her death he should have the property as his own; that she had given him the lot in her will; that plaintiff thereupon agreed to take charge of the property and to build a house thereon as he had proposed; that he has performed on his part and that she has put it out of her power to perform on her part.

Plaintiff has had judgment setting aside the deed to his sister, revesting the title in his mother, impressed with a trust in his favor that she shall hold the title to the lot in question until her death and that it shall then pass to him in fee simple absolute, subject to the payment of $200 to Sarah upon her mother’s death.

This judgment is based on findings which are supported by the evidence most favorable to the plaintiff and the question is whether such findings are sufficient to support the judgment. They are in effect that by her will, made in October, 1907, she had devised the lot, which was then worth four hundred dollars, to plaintiff, subject to the payment by him of two hundred dollars to her daughter Sarah; her financial resources were very limited; she could not pay the taxes on the property and was threatened with a street paving assessment; plaintiff wanted her to sell the lots but this she did not want to do; he knew that she had willed the Chrisler avenue lot to him.

That plaintiff in 1911 made an oral agreement as follows: Jane agreed that Francis should build a house on the Chrisler avenue lot with what money he could raise by her bond and mortgage on the house and lot and with his own labor and with some money of his own; that he should attend to renting the house, collecting the rents, keep the house repaired and in condition and pay the taxes, assessments, mortgage interest and installments, insurance and all bills in respect to the property whether the rents sufficed or not, during Jane’s lifetime, and that upon her death the property should be his; that the control and management of the property should be left to him during Jane’s lifetime with no obligation to account to her and that any payments to her should be voluntary on his part and rest in his discretion as if the house were his; Francis agreed to build the house accordingly and to manage the property and pay the bills and charges in consideration of having the property upon his mother’s death; that said agreement was subsequently modified to the extent that Francis was to pay Sarah two hundred dollars as provided in Jane’s will of 1907.

That plaintiff, who was a contractor and builder, built the house. He raised $2,800 on his mother’s bond and mortgage, put in some labor on the house valued at $257.40 and spent some money of his own, estimated as being at least $416.31. The total cost of the house is found to amount to $3,579.71. He rented the house and in every way handled it as if it were his own, paying taxes, repairs and insurance, keeping no account of receipts and disbursements. He voluntarily gave his mother fifty dollars a year. He says he made nothing out of the arrangement but he is unable to make an accounting of receipts and disbursements. In April, 1923, Jane gave a deed to Sarah of the lot, reserving to herself a life estate. This deed Was obtained by undue influence and without consideration. Sarah had occupied the upstairs flat of the property since July 1, 1923, with her mother without paying rent to plaintiff.

Are any acts of part performance shown which serve to take the oral agreement alleged in the complaint out of the Statute of Frauds (Real Prop. Law; Cons. Laws,. ch. 50, § 259) which requires that contracts for the sale of real property must be in writing? The rule frequently applied has recently been restated as follows: “ Not every act of part performance will move a court of equity, though legal remedies are inadequate, to enforce an oral agreement affecting rights in land. There must be performance ‘ unequivocally referable ’ to the agreement, performance which alone and without the aid of words of promise is unintelligible or at least extraordinary unless as an incident of ownership, assured, if not existing.” (Burns v. McCormick, 233 N. Y. 230, 232.)

Applying this test, we are unable to see how the plaintiff can sustain his judgment. The doctrine of part performance is evoked to uphold titles or interests in real property not evidenced in writing. Plaintiff does not claim that the agreement with his mother operated to transfer title in presentí. He says he was to have the lot when his mother died as provided in her will and the court has found that such was the contract. What did he do which is “ unequivocally referable” to such a promise without the aid of such words of promise? A son who is a builder who knows that his mother has made a will leaving him real property, at her request borrows money thereon on her bond and mortgage, builds a house with the proceeds, with the aid of his own labor and some of his money, and takes entire charge of the property thereafter without accounting therefor. One adduces some evidence of present ownership, without the aid of the oral contract perhaps, if one takes possession of real property from a stranger and acts as the owner would, but the facts herein established are in themselves neither unintelligible nor extraordinary unless taken as an incident of future ownership. The theory of part performance rests on the fact that one sees from the acts of a man that he has title to or some interest in the property or he would not be doing those things. Do we see from the acts of plaintiff apart from the oral agreement that he was acting under an executory contract by which he was to have title to the real property on the death of his mother? He had all the incidents of present ownership except possession but he does not claim present ownership. He did not occupy the land as owner or under claim of present right. He did not have possession. That was retained by his mother. Whatever right he claims is executory and future. The mother is concededly the owner so long as she lives. It would not be extraordinary if the son, managing his mother’s affairs as her agent or employee, did the same things that plaintiff did in relation to the property. No one merely observing the conduct of the son would necessarily infer that he claimed an equitable future interest in the premises. All might be fairly related to his hope and expectation that his mother would not change her will and that the property would come to him at her death.

It is perhaps unfortunate that plaintiff did not comprehend that wills could be changed and oral promises relating to the title of real estate broken. On the other hand, we fail to see wherein his mother has unjustly enriched herself at his expense or dealt inequitably with him. She put 12,800 into the property and he took all the rents. He says he was not the gainer thereby, that the rents did not exceed the disbursements, but we cannot relieve him from a bad bargain. He might have profited by the transaction. Relatives should deal with one another in business matters like strangers or stand to suffer from their indulgent failure to comply with rules which strangers may be expected to enforce.

The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dimissed, with costs in all courts.

Cardozo, Ch. J., Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Judgments reversed, etc.


source: Caselaw Access Project

license: Public Domain

text:
    Harold L. Loud, Respondent, v. Clifford Country Estates et al., Appellants. August B. Loud, Respondent, v. Clifford Country Estates et al., Appellants.
    (Submitted May 5, 1930;
    decided May 13, 1930.)

      Ralph Royall for motion.

      James E. Freehill opposed.
   Motion to dismiss appeal of Clifford Country Estates, Inc., granted and appeal dismissed, with costs.

Motion to dismiss appeal taken by Walter Clifford denied, without costs, on condition that the appellant within ten days files the undertaking required by section 593 of the Civil Practice Act if he has not already done so; otherwise granted, with costs.


text:
    Bowlee Realty Corporation, Appellant, v. Jason Meth, Respondent.
    (Submitted May 5, 1930;
    decided May 13, 1930.)

      Thomas J. Cuff for motion.

      Benjamin Cohen opposed.
   Motion denied, without costs.


text:
    Frederic B. Pratt et al., as Executors and Trustees under the Will of Charles Pratt, Deceased, Respondents, v. Mary B. Ladd et al., Appellants, and Frederic B. Pratt et al., Respondents.
    (Submitted May 5, 1930;
    decided May 13, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 253 N. Y. 213.)


text:
    John O’Brien, Respondent, v. John Stahl, Appellant.
    (Submitted May 5, 1930;
    decided May 13, 1930.)

      William Gilbert for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs.


text:
    In the Matter of the Claim of John Griffin, Respondent, against Cruikshank Co., Inc., Appellant. State Industrial Board, Respondent.
    (Submitted May 5, 1930;
    decided May 13, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 253 N. Y. 303.)


text:
    Roseth Realty Co., Inc., Respondent, v. Brighton and Bensonhurst Electric Railroad Company et al., Defendants; Anna C. De Selding et al., Appellants, and Brooklyn Development Company et al., Respondents.
    (Submitted May 5, 1930;
    decided May 13, 1930.)

      George W. I. Dwinell and Alfred J. Talley for motions-

      Joseph Fischer and Frederick Hemley opposed.
   Motions granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Minna G. Haskell, Appellant, v. William S. Haskell, Respondent.
    (Argued May 5, 1930;
    decided May 13, 1930.)

      Harold Harper for motion.

      J. Alvin Van Bergh opposed.
   Motion denied, with ten dollars costs.


text:
    Emma M. Stock et al., Appellants, v. William D. Mann et al., Defendants. Nathan Richman, Respondent.
    (Submitted May 5, 1930;
    decided May 13, 1930.)

      John J. McManus for motion.

      George H. Whitbeck opposed.
   Motion denied, with ten dollars costs.


text:
    In the Matter of the Accounting of Abraham N. Levy, as Committee of the Estate of Andrew Traulko, an Incompetent Person, Respondent. Emanuel B. Cohen, Appellant.
    (Submitted May 5, 1930;
    decided May 13, 1930.)
    (See 253 N. Y. 566.)
   Recall of remittitur requested and the same, when recalled, will be amended by allowing costs and disbursements to the appellant.


text:
    Paul E. Lehman et al., Respondents, v. Jacob Rudin, Appellant.
    (Submitted May 5, 1930;
    decided May 13, 1930.)

      Abraham B. Keve for motion.

      Charles Berlin opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of Isaac G. Johnson and Company, Respondent. The People of the State of New York, Appellant.
    (Submitted May 5, 1930;
    decided May 13, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 253 N. Y. 535.)


text:
    New York Plumbers’ Specialties Company, Inc., Respondent, v. Paul Englander, Appellant. New York Plumbers’ Specialties Company, Inc., Respondent, v. Emily L. Hoffbauer, Appellant.
    (Submitted May 5, 1930;
    decided May 13, 1930.)

      Abraham J. Halprin for motion.

      Reuben Greenbaum opposed.
   Motion denied on condition that appellants’ brief be filed and served on or before May 23, 1930; otherwise, motion granted and appeal dismissed, with costs and ten dollars costs of action.


text:
    Mansfield Handvill, Respondent, v. W. Heyward Drayton, 3d, et al., Appellants, Impleaded with Others.
    (Submitted May 5, 1930;
    decided May 13, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 253 N. Y. 270.)


text:
    Modern-Silver Linen Supply Company, Inc., Appellant, v. Harry Salzberg, Defendant, and Nat Ginsberg, Respondent.
    (Argued May 5, 1930;
    decided May 13, 1930.)

      William L. Greenfogel for motion.

      George X. Levine opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


author: Per Curiam.

text:
    Frances Costa et al., Respondents, v. John Benger et al., Appellants.

      (Argued May 6, 1930;
    decided May 15, 1930.)

      James 0. Behring for appellants.

      Albert Haskell, Jr., for respondents.
   Per Curiam.

In the deed from Randall "to Hawley the grantor did not strictly adhere to the boundaries designated on the Loring map. No distances were given and no map mentioned. The parcel conveyed by that deed was bounded on the north by a fence and, therefore, the line of division between the lands of the parties was defined by that monument. The finding at Special Term that the stumps of posts remaining under ground at the time of the trial mark the fine of the fence as it existed at the date of the Randall deed is supported by the weight of evidence.

The judgment of the Appellate Division should be reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division.

Cabdozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ., concur; Lehman, J., not sitting.

Judgment accordingly.


text:
    Matter of Margaret T. Darraugh, Appellant, v. William E. Walsh et al., Constituting the Board of Standards and Appeals of the City of New York et al., Respondents.
    (Submitted May 12, 1930;
    decided May 15, 1930.)

      Isidore Oshlag for motion.

      Joseph M. Lonergan opposed.
   Motion denied if appellant has served undertaking or serves same and pays ten dollars costs of motion within ten days; otherwise granted, with costs and ten dollars costs of motion.


text:
    The People of the State of New York ex rel. The Royal Bank of Canada, Appellant, v. Michael F. Loughman et al., as Commissioners of Taxes of the State of New York, Respondents.
    (Argued May 5, 1930;
    decided June 3, 1930.)

      William E. Sims and Charles M. Kritzman fox appellant.

      Hamilton Ward, Attorney-General (Henry S. Manley of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    The People of the State of New York ex rel. Boston and Maine Railroad, Respondent, v. Michael F. Loughman et al., as Commissioners of Taxes of the State of New York, Appellants.
    (Argued May 5, 1930;
    decided June 3, 1930.)

      Hamilton Ward, Attorney-General (Henry S. Manley of counsel), for appellant.

      Robert E. Whalen for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Will of William McGowan, Deceased. William McGowan, Appellant; v. Mary Rogers et al., Individually and as Executors et al., Respondents.
    (Argued May 5, 1930;
    decided June 3, 1930.)

      David Joyce for appellant.

      Edward J. Flanagan for executors, respondents.

      W. Harry Sefton for Mary Rogers et al., respondents.

      John H. Schmid for James McGowan.
   Order affirmed, with separate bills of costs to the respondents appearing and filing briefs in this court payable out of the estate; no opinion.

Concur: Caedozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Max Braun, Respondent, v. Armour & Co., Appellant.
    (Argued May 5, 1930;
    decided June 3, 1930.)

      Selig Edelman and Frank J. Horan for appellant.

      Irvin E. Klein for respondent.
   Order affirmed, with costs, question certified answered in the affirmative; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg and O’Brien, JJ. Not sitting: Lehman and Hubbs, JJ.


text:
    In the Matter of the Estate of Ida A. Flagler, an Incompetent Person. Andrew M. Pettit, Appellant; Cornelius J. Sullivan et al., as Committee, Respondents.
    (Argued May 5, 1930;
    decided June 3, 1930.)

      Nathaniel J. Palzer and Emanuel Lewin for appellant. Gerald Donovan, Edmond M. Hanrahan and Delancey Nicoll for Cornelius J. Sullivan et al., as committee.

      Alfred Ely and Charles S. Ernst for George W. Taylor et al., respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Estate of Bedell D. Raynor, Deceased. Margaret A. Hicks, Individually and as Executrix of Elmira A. Raynor, Deceased, et al., Appellants; Ellen F. Steihler et al., Respondents.
    (Argued May 5, 1930;
    decided June 3, 1930.)

      Louis W. McKernan for appellants.

      Charles H. Street for respondents.
   Order affirmed, with costs to respondents payable out of the estate. First question certified not answered; second question answered in the negative; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Application of the People of the State of New York, by James A. Beha, as Superintendent of Insurance, Respondent, for an Order to Take Possession of the Property of the Russian Reinsurance Company of Petrograd, Russia. Frederick W. Campbell et al., Appellants.
    (Argued May 5, 1930;
    decided June 3, 1930.)

      Frederick B. Campbell, Paul C. Whipp and Lounsbury D. Bates for appellants.

      James F. Donnelly, Afred C. Bennett, John M. Downes and Clarence C. Fowler for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Moses L. Parshelsky, Respondent, v. Peck-Schwarz Realty Corporation et al., Defendants, and Julius Schwarz, Appellant.
    (Argued May 6, 1930;
    decided June 3, 1930.)

      1. Maurice Wormser for appellant.

      Henry Heikin for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Accounting of Henry B. Fuller et al., as Executors of Celia K. Fuller, Deceased. Ottillie N. Danneman et al., as Executrices of Celia K. Fuller, Deceased, et al., Appellants; Henry B. Fuller, Respondent.
    (Argued May 6, 1930;
    decided June 3, 1930.)

      Harry G. Anderson and Benjamin T. Hock for appellants.

      Murray Corrington for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Cosimo Daniele, Appellant, v. City of Mount Vernon, Respondent.
    (Argued May 6, 1930;
    decided June 3, 1930.)

      Jeremiah D. Toomey for appellant.

      J. Henry Esser, Corporation Counsel (Arthur H. Ellis of counsel), for respondent.
   Judgment affirmed, with costs, on the ground that there is no evidence of defendant’s negligence; no opinion.

Concur: Cardozo, Ch. J., Lehman, Kellogg and Hubbs, JJ. Dissenting: Pound, Crane and O’Brien, JJ.


text:
    Morris Rosenberg, Appellant, v. Zurich General Accident and Liability Insurance Company, Limited, Respondent.
    (Argued May 6, 1930;
    decided June 3, 1930.)

      Rowland, H. Long, John Adams Wickham and Denis M. Hurley for appellant.

      Fred H. Rees, Walter G. Evans and Daniel Mungall for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    A. Stanley Copeland, Appellant, v. James W. Higgins, as Police Commissioner of the City of Buffalo, Respondent.
    (Argued May 7, 1930;
    decided June 3, 1930.)

      A. Stanley Copeland, appellant in person.

      Charles L. Feldman, Corporation Counsel (.Andrew P. Ronan of counsel) for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Julius L. Schwartz, Respondent, v. The Commercial Travelers Mutual Accident Association of America, Appellant.
    (Argued May 7, 1930;
    decided June 3, 1930.)

      Henry C. Moses and Charles J. Nehrbas for appellant.

      Jonas J. Shapiro for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Island Park Associates, Inc., Respondent, v. O’Donohue Park Corporation, Appellant, Impleaded with Others. (Actions 1 & 2.)
    (Argued May 7, 1930;
    decided June 3, 1930.)

      Miner M. Wigg, Brent W. Blythe, Edward J. Hogarty and Richard H. Clark for appellant.

      Martin A. Schenck, Joseph S. Auerbach, William S. Pettit and Charles S. Noyes for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Samuel Salvin, Appellant, v. Arthur S. Friend et al., Respondents, Impleaded with Another.
    (Argued May 7, 1930;
    decided June 3, 1930.)

      Samuel D. Cohen and Bertram L. Marks for appellant.

      Samuel R. Colding for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Lettie H. Witherspoon, Appellant, v. Arthur J. Eames, Respondent.
    (Argued May 7, 1930;
    decided June 3, 1930.)

      Charles Waldron Clowe for appellant.

      Allan H. Treman for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Oceanic Steam Navigation Company, Ltd., Appellant, v. Rinelli & Guardino, Inc., Respondent.
    (Argued May 8, 1930;
    decided June 3, 1930.)

      Ray Rood Allen and Morton L. Fearey for appellant.

      Bertrand L. Pettigrew for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    The People of the State of New York ex rel. Frederick R. McCullough, Respondent, v. Sheriff of Kings County, Defendant, and Maryland Casualty Company, Appellant.
    (Argued May 8, 1930;
    decided June 3, 1930.)

      Jacob J. Alexander, John T. Loughran and Edward J. Dowling for appellant.

      Francis P. 'Burns for respondent.
   Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division on the authority of Townsend v. Whitney (75 N. Y. 425).

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    The People of the State of New York ex rel. Harry Jaffe, Appellant, v. Edgar S. Jennings, as Warden of Auburn State Prison, Respondent.
    (Argued May 9, 1930;
    decided June 3, 1930.)

      August Becker and Charles E. Doane for appellant.

      Hamilton Ward, Attorney-General (Almon W. Burrell of counsel), for respondent;
   Order affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Abel Gottheimer et al., Copartners under the Firm Name of Gottheimer-Getz Co., Appellants, v. C. E. Sheppard Company, Respondent.
    (Argued May 9, 1930;
    decided June 3, 1930.)

      Samuel Silverman for appellants.

      Robert J. Robeson and Maxwell Hall Elliott for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Harry Brown, Respondent, v. Isidore Agin, Appellant.
    (Argued May 9, 1930;
    decided June 3, 1930.)

      Mortimer H. Israel for appellant.

      Benjamin Frindel for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Jacob Mendelson et al., Copartners under the Firm Name of Mendelson Bros. & Siff, Appellants, v. The State of New York, Respondent.
    (Argued May 12, 1930;
    decided June 3, 1930.)

      Joseph Sterling for appellants.

      Hamilton Ward, Attorney-General (L. A. Walker of counsel), for respondent.
   Judgment affirmed, with costs, on the ground that the enabling act, chapter 601 of the Laws of 1929, is in conflict with article 7, section 6, of the Constitution of the State; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Claim of Beatrice B. Rice et al., Respondents, against Charles A. Stoneham, Appellant. The State Industrial Board, Respondent.
    (Argued May 12, 1930;
    decided June 3, 1930.)

      Leo J. Bondy and Jonas N. Lewis for appellant.

      Daniel Mungall for claimants-respondents.

      Hamilton Ward, Attorney-General (E. C. Aiken of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J,


text:
    In the Matter of the Claim of Margaret Kenney, Respondent, against Lord & Taylor, Inc., et al., Appellants. The State Industrial Board, Respondent.
    (Argued May 12, 1930;
    decided June 3, 1930.)

      T. Carlyle Jones and Clarence E. Méllen for appellants.

      Hamilton Ward, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Pound, Crane, O’Brien and Hubbs, JJ. Dissenting: Cardozo, Ch. J., and Kellogg, J. Not sitting: Lehman, J.


text:
    In the Matter of the Claim of Narcissus B. Grant, Respondent, against George W. Bassett Estate et al., Appellants. The State Industrial Board, Respondent.
    (Argued May 12, 1930;
    decided June 3, 1930.)

      Jeremiah F. Connor and John H. Scully for appellants.

      Hamilton Ward, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Claim of John Chiodo, Respondent, against The Newhall Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued May 12, 1930;
    decided June 3, 1930.)

      Newell H. Timerman for appellants.

      Hamilton Ward, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Claim of Robert H. Crippen, Respondent, against The Press Company, Inc., et al., Appellants. The State Industrial Board, Respondent.
    (Argued May 12, 1930;
    decided June 3, 1930.)

      Merton D. Meeker for appellants.

      Hamilton Ward, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Claim of Daisy Brenchley, Respondent, against International Heater Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued May 12, 1930;
    decided June 3, 1930.)

      Clarence B. Tippett for appellants.

      Hamilton Ward, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Claim of Marcia G. Rockhill, Respondent, against Warren Brothers Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued May 12, 1930;
    decided June 3, 1930.)

      Walter L. Glenney for appellants.

      Hamilton Ward, Attorney-General (E. G. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Riordan, Kauder and Company, Inc., Appellant, v. Christopher H. Coughlin, Respondent.
    (Argued May 12, 1930;
    decided June 3, 1930.)

      Louis Boehm and David Rasch for appellant.

      Charles P. Rogers and Oliver C. Carpenter for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the City of New York, Respondent (Bronx River Parkway Drive); New York and Harlem Railroad Company et al., Appellants.
    (Argued May 13, 1930;
    decided June 3, 1930.)

      K. 0. Mott-Smith, Frederick L. Wheeler and Jacob Aronson for appellants.

      Arthur J. W. Hilly, Corporation Counsel (Vincent Victory of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Accounting of Darrell D. Sully, as Trustee under the Will of Susan P. MacAlpine, Deceased, Respondent. Julia MacAlpine, Appellant; Florence MacA. McAuliffe, Respondent.
    (Argued May 13, 1930;
    decided June 3, 1930.)

      C. Alexander Capron and Ramsey Clayton for appellant.

      Arthur E. Sutherland and Samuel B. Dicker for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    The People of the State of New York ex rel. S. J. Groves & Sons Company, Inc., Appellant, v. James A. Hamilton, as State Industrial Commissioner, Respondent.
    (Argued May 13, 1930;
    decided June 3, 1930.)

      Charles B. Sullivan and Benjamin McClung for appellant.

      Hamilton Ward, Attorney-General (E. J. Grogan, Jr., of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch; J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    William Post, as Guardian ad Litem of Donald Post, an Infant, et al., Respondents, v. The Metropolitan Casualty Insurance Company of New York, Appellant.
    (Argued May 13, 1930;
    decided June 3, 1930.)

      Charles E. Spencer for appellant.

      Clifford H. Searl for William Post, as guardian ad litem, et al., respondents.

      Daniel Scanlon for Talmadge C. Cherry as temporary receiver of Empire State Railroad Corporation, respondent.
   Order affirmed, with costs. Questions certified answered in the affirmative; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of Morris Zap et al., Appellants, v. Henry Bruckner, as President of the Borough of The Bronx, City of New York, Respondent.
    (Argued May 13, 1930;
    decided June 3, 1930.)

      Harry H. Chambers for appellants.

      Arthur J. W. Hilly, Corporation Counsel (J. Joseph Lilly and Willard S. Allen of counsel), for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Bronx County Trust Company et al., as Administrators of the Estate of Ellen Campbell, Deceased, Appellants, v. Frances H. Lamberti, Respondent, Impleaded with Others. Bronx County Trust Company et al., as Administrators of the Estate of Ellen Campbell, Deceased, Appellants, v. Frances H. Lamberti et al., Respondents, Impleaded with Another.
    (Argued May 13, 1930;
    decided June 3, 1930.)

      Harry Sacher and Monroe Goldwater for appellants.

      Harold R. Medina for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not s iting: Lehman, J.


text:
    The People of the State of New York, Appellant, v. Frank H. Berg, Jr., and Albert Levin, Respondents.
    (Argued May 14, 1930;
    decided June 3, 1930.)

      James T. Hollinan, District Attorney (Mordecai Konowitz of counsel), for appellant.

      Henry A. Uterhart, Alfred M. Schaffer, Philip Simon and Anthony Horn for respondents.
   Judgment affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    The People of the State of New York, Respondent, v. Charles Oliveri and Nick Latona, Appellants.
    (Argued May 14, 1930;
    decided June 3, 1930.)

      Frank H. Mott and Michael D. Lombardo for appellants.

      Glenn W. Woodin, District Attorney {John S. Leonard of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of Oscar Goldschlag, Appellant, against William F. Deegan, as Tenement House Commissioner of the City of New York, et al., Respondents.
    (Argued May 14, 1930;
    decided June 3, 1930.)

      Joseph Sterling for appellant.

      Hamilton Ward, Attorney-General (Harold Biegelman and H. H. Nordlinger of counsel), for State of New York, respondent.

      Arthur J. W. Hilly, Corporation Counsel (Elliot S. Benedict and J. Joseph Lilly of counsel), for Tenement House Commissioner, respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of Alfred H. Newburger et al., Individually and as Copartners under the Firm Name of Newburger, Henderson & Loeb, Respondents, v. William Rose, Appellant.
    (Argued May 14, 1930:
    decided June 3, 1930.)

      Maurice V. Seligson and Gustave B. Garfield for appellant.

      Osmond K. Fraenkel for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    The People of the State of New York, Respondent, v. Fred A. Kalil, Appellant.
    (Submitted May 15, 1930;
    decided June 3, 1930.)

      Robert H. Elder for appellant.

      Thomas C. T. Crain, District Attorney (John C. McDermott of. counsel), for respondent.
   Judgment afiirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Charles H. McCarthy, Appellant, v. Charles W. Culkin, as Sheriff of New York County, Respondent.
    (Submitted June 2, 1930;
    decided June 5, 1930.)

      Samson Selig for motion.

      Borris M. Komar opposed.
   Motion denied, with ten dollars costs.


text:
    In the Matter of Joseph P. Collins et al., Respondents, against The Board of Standards and Appeals of the City of New York et al., Appellants, and Marben Realty Corporation, Appellant.
    (Submitted June 2, 1930;
    decided June 10, 1930.)
    (See 253 N. Y. 594.)
   Per Curiam.

General findings and conclusions in the return which would otherwise justify the determination of the Board (Nectow v. City of Cambridge, 277 U. S. 183) are contradicted and overcome by specific, findings and uncontradicted evidence.

Motion denied, with ten dollars costs and ^necessary printing disbursements.


text:
    John A. Doyle, Appellant, v. The Chatham and Phenix National Bank of the City of New York, Respondent.
    (Submitted June 2, 1930;
    decided June 10, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 253 N. Y. 369.)


text:
    The People of the State of New York, Respondent, v. Joseph Meigs, Appellant.
    (Submitted June 2, 1930;
    decided June 10, 1930.)

      Arthur J. W. Hilly, Corporation Counsel (.Arthur H. Kerns of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    Morris Plan Company of New York, Respondent, v. Globe Indemnity Company, Appellant.
    (Submitted June 2, 1930;
    decided June 10, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 253 N. Y. 496.)


text:
    Hywis Holding Corporation, Appellant, v. Rocquet Realty Corporation, Respondent.
    (Submitted June 2, 1930;
    decided June 10, 1930.)

      Bernard Fliashnick opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Jay T. McCoy, Respondent, v. American Express Company, Appellant, Impleaded with Others.
    (Submitted June 2, 1930;
    decided June 10, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 253 N. Y. '477.)


text:
    Gustav Ryan, Respondent, v. Munson Steamship Line, Appellant.
    (Submitted June 2, 1930;
    decided June 10, 1930.)

      Charles Winkelman for motion.

      Cory don B. Dunham opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Deer Park Brew Company, Inc., Respondent, v. Edgar O. Hayes, Appellant.
    (Argued June 2, 1930;
    decided June 10, 1930.)

      John D. Lyons for motion.

      Ellsworth Baker opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Johnson Service Company, Inc., Respondent, v. E. H. Monin, Inc., et al., Respondents, and Board of Education of the City of Lockport et al., Appellants.
    (Submitted June 2, 1930;
    decided June 10, 1930.)
    (See 253 N. Y. 417.)
   Motion granted. The recall of the remittitur will be requested and the same when returned will be amended by providing that the plaintiff and the defendants Crose and Leary shall have separate bills of costs in the Appellate Division and in this court against the Board of Education of the City of Lockport, and the defendant, Buckeye Blower Company, shall have costs in all courts against the Standard Accident Insurance Company, and also by striking out the award of costs to the-Standard Accident Insurance Company against the plaintiff and Crose and Leary and Buckeye Blower Company amounting to $103.76 and to Crose and Leary and the Board of Education against the Buckeye Blower Company amounting to $880.81. In other respects, the motion will be denied.


text:
    H. Ray Paige, Respondent, v. Charles B. Squier, Appellant.
    (Submitted June 2, 1930;
    decided June 10, 1930.)

      Florence G. Haag for motion.

      Frank Hendrick opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Fred Wood, Respondent, v. Martin Saunders, Appellant.
    (Submitted June 2, 1930;
    decided June 10, 1930.)

      Thomas J. Cuff for motion.

      Benjamin ldfshitz-opposed.
   Motion denied.


text:
    Alter Mozarsky et al., Copartners, under the Firm Name of Mozarsky & Levine, Appellants, v. Whinston Bros., Inc., et al., Defendants, and Herman Schneider et al., Respondents. Same, Appellants, v. Same, Respondents.
    (Argued June 2, 1930;
    decided June 13, 1930.)

      Juvenal Marchisio, Richard J. Mackey and Ralph Vainer for appellants.

      Thomas A. McKennell, William, Feinberg and Benjamin I. Tunick for respondents.
   Order in each case affirmed, with costs, on the authority of Ponsrok v. City of Yonkers (254 N. Y. 91); no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of Herbert M. Williams, Respondent, v. Michael F. Barrett, as Building Inspector of the Village of Mamaroneck, Appellant.
    (Argued June 2, 1930,
    decided June 13, 1930.)

      J. Henry Esser and Louis Zingesser for appellant.

      Sol Rubin for respondent.
   Appeal dismissed, with costs, on authority of Matter of Sullivan v. Teachers’ Retirement Board (253 N. Y. 590); no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Claim of Domenico Pusterio, Respondent, against Star Show Case Co., Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued June 2, 1930;
    decided June 13, 1930.)

      Dickinson 8. Talley for appellants.

      Hamilton Ward, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Claim of Swartz, Inc., v. The City of Utica. Lottie Swartz et al., as Administratrices of the Estate of Abe Swartz, Deceased, Appellants; Hanagan & Supiro, Respondents.
    (Argued June 2. 1930;
    decided June 13, 1930.)

      David F. Lee, David Levene and Louis E. Krohn for appellants.

      Warwick J. Kernan for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg and O’Brien, JJ. Not sitting: Hubbs, J.


text:
    In the Matter of Elsie Cameron, Appellant. Mary Mac L. Mayer et al., Individually and as Executors of Duncan E. Cameron, Deceased, Respondents.
    (Argued June 2, 1930;
    decided June 13, 1930.)

      Theodore Kiendl and Otis T. Bradley for appellant.

      Peter B. Olney, Jr., and Olin Potter Geer for respondents.
   Order affirmed, with costs payable out of the estate; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York, Appellant, v. Angelo Paino, Respondent.
    (Submitted June 2, 1930;
    decided June 13, 1930.)

      James T. Hollinan, District Attorney (Mordecai Konowitz of counsel), for appellant. '

      Edward J. Reilly for respondent.
   Judgment affirmed; no opinion.

Concur': Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not voting: Lehman, J.


text:
    Paul Hirschman, Appellant, v. National Surety Company et al., Respondents.
    (Argued June 2, 1930;
    decided June 13, 1930.)

      R. Monell Herzberg, John C. Tracy and Kenneth R. Garrison for appellant.

      Benjamin McClung for National Surety Company, respondent.

      Charles B. Sullivan for Phillip Schaefer et al., copartners, respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Harold C. Ave, Appellant, v. Thomas J. Dorsey, Respondent.
    (Argued June 3, 1930;
    decided June 13, 1930.)

      Cyrus B. Austin for appellant.

      Edward S. Dore and William, L. Wemple for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, *with costs in all courts; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Young Women’s Christian Association of Brooklyn, Respondent, v. The City of New York, Appellant.
    (Argued June 3, 1930;
    decided June 13, 1930.)

      Arthur J. W. Hilly, Corporation Counsel (William H. King and Norman E. Gaiens of counsel), for appellant.

      Richard Ely, Howard 0. Wood and Elliott W. Smith for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Nellie Babbish, as Administratrix of the Estate of Anthony Babbish, Deceased, Respondent, v. Steamship Terminal Operating Corporation, Appellant, Impleaded with Another.
    (Argued June 3, 1930;
    decided June 13, 1930.)

      Ernie Adamson and John W. Van Gordon for appellant.

      Harold B. Medina, William F. McNulty and Charles Winkelman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Gardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Anna Kochanowitz, as Administratrix of the Estate of Stanley Kochanowitz, Deceased, Appellant, v. William J. Montgomery, Respondent.
    (Argued June 3, 1930;
    decided June 13, 1930.)

      William Burdell Banister for appellant.

      Harold B. Medina, William F. McNulty and Adolph F. Bruenner for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Regina Marasco, Respondent, v. Pietro Alvino, Appellant, Impleaded with Another.
    (Argued June 3, 1930;
    decided June 13, 1930.)

      Vincent L. Leibell, Jeremiah T. Mahoney, Theodore Ornstein, Richard L. Deely and M. Robert Gadrich for appellant.

      Max Rothenberg for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Lehman and O’Brien, JJ. Dissenting: Crane, Kellogg and Hubbs, JJ.


text:
    Henry E. Stephenson, as Administrator of the Estate of Mildred E. Stephenson, Deceased, Respondent, v. Aloysius A. Parker, Appellant.
    (Argued June 3, 1930;
    decided June 13, 1930.)

      Ellsworth Baker for appellant.

      John D. Lyons, Nellie Childs Smith and William Deckelman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Samuel Friedberg, as Administrator of the Estate of David Friedberg, Deceased, Respondent, v. George E. Watson et al., Appellants, Impleaded with Another.
    (Argued June 3, 1930;
    decided June 13, 1930.)

      Murray G. Jenkins and William B. Shelton for appellants.

      Sidney J. Feltenstein for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Grace A. Fendler, Respondent, v. Oliver Morosco et al., Appellants.
    (Submitted June 2, 1930,
    decided June 13, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 253 N. Y 281.)


text:
    Petrogradsky Mejdunarodny Kommerchesky Bank, Appellant, v. The National City Bank of New York, Respondent.
    (Submitted June 9, 1930;
    decided June 13, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 253 N. Y. 23.)


text:
    Charles M. Palmer et al., Copartners under the Firm Name of Palmer, DeWitt & Palmer, Respondents, v. The New York Herald Company, Appellant.
    (Submitted June 9, 1930;
    decided June 13, 1930.)

      W. Randolph Montgomery for motion.

      Joseph H. Choate, Jr., opposed.
   Motion granted to the extent of dismissing the appeal from the order granting a new trial as to the second cause of action unless within ten days the appellant files the statutory stipulation for judgment absolute; in other respects, motion denied, without costs.


text:
    Fairview-Chase Corporation, Appellant and Respondent, v. Phillip Scharf, Appellant, and Alice McCoy, Respondent.
    (Submitted June 9, 1930;
    decided June 13, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 254 N. Y. 55.)


text:
    In the Matter of the Accounting of Henry B. Fuller et al., as Executors of Celia K. Fuller, Deceased; Ottillie N. Danneman et al., as Executrices of Celia K. Fuller, Deceased, et al., Appellants; Henry B. Fuller, Respondent.
    (Submitted June 11, 1930;
    decided June 13, 1930.)
   Motion to amend remittitur denied, without costs. (See 254 N. Y. 519.)


text:
    The People of the State of New York, Respondent, v. Peter Arata, Appellant.
    (Argued June 5, 1930;
    decided July 8, 1930.)

      Leo H. Klugherz, Joseph D. Edelson, Samuel Felman and Alexander I. Rorke for appellant.

      Thomas C. T. Crain, District Attorney (Robert C. Taylor of counsel), for respondent.
   Per Curiam.

The affidavits proving or tending to prove that contradictory statements were made by the witness Woodbury, while not sufficient in themselves to require a new trial, were, none the less, of such importance that the cause of justice would be promoted by causing Woodbury to be produced as a witness and subjected to the test of cross-examination.

Following the practice in People v. Shilitano (215 N. Y. 715), the determination of the appeal will be withheld until the fall session of the court to the end that an opportunity may be given to the defendant to renew his motions for a new trial and an opportunity given to the trial judge to require the production of witnesses before him.


text:
    Patrick J. Leahy et al., as Copartners under the Firm Name of Leahy Brothers, Appellants, v. Samuel Jordan, Respondent.
    (Argued June 13, 1930;
    decided July 8, 1930.)

      William A. Dunne for appellants.

      John J. Scully for respondent.
   Judgment of the Appellate Division reversed and judgment of the City Court of Troy affirmed, with costs in this court and in the Appellate Division on the ground that there was a question of_fact as to defendant’s negligence; no opinion. ' I

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York, Respondent, v. David H. Kahn and Emil Klein, Appellants.
    (Argued May 15, 1930;
    decided July 8, 1930.)

      D. Francis Searle and Lionel 0. Grossman for appellants.
    ’ *

      Clarence Unckless, District Attorney, for respondent.
   Judgment affirmed under Code of Criminal Procedure, section 542; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York, Appellant, v. William W. Shoemaker, Respondent.
    (Argued June 4, 1930;
    decided July 8, 1930.)

      Hamilton Ward, Attorney-General (Lafay C. Wilkie of counsel), for appellant.

      Carlos C. Alden for respondent.

      Seward A. Miller for Dairymen’s League Co-operative Association, Inc.
   Order affirmed, with costs, and questions certified answered in the affirmative on the authority of Wilson v. Israel (227 N. Y. 423); no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Othello M. Case, Respondent, v. State of New York, Appellant.
    (Submitted June 4, 1930;
    decided July 8, 1930.)

      Hamilton Ward, Attorney-General (James Gibson of counsel), for appellant.

      Walter Welch for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Minna G. Haskell, Appellant, v. William S. Haskell, Respondent.
    (Argued June 5, 1930;
    decided July 8, 1930.)

      Andrew Eckel for appellant.

      Harold Harper for respondent.
   Judgment affirmed with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Samuel S. Baer, Respondent, v. Durham Duplex Razor Company, Appellant.
    (Argued June 5, 1930;
    decided July 8, 1930.)

      Terence J. McManus and Lester D. Melzer for appellant.

      Joseph Fischer and Louis J. Vorhaus for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York, Respondent, v. Hyman Hirsch, Appellant.
    (Argued June 6, 1930;
    decided July 8, 1930.)

      Charles A. White, Charles Tolleris, Winter Russell, Louis B. Stillman and David B. Stillman for appellant.

      Thomas C. T. Crain, District Attorney (Robert C. Taylor of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The Ætna Casualty and Surety Company, Appellant, v. Bowery and East River National Bank of New York, Respondent.
    (Submitted June 6, 1930;
    decided July 8, 1930.)

      Edward G. Griffin for appellant.

      Curt H. G. Heinfelden for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York, Respondent, v. Robert Tissier, Appellant.
    (Argued June 6, 1930;
    decided July 8, 1930.)

      Edward T. Tighe and LeRoy Campbell for appellant. .

      Thomas C. T. Crain, District Attorney (John C. McDermott of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The West End Brewing Company, Respondent, v. Charlotte G. Osborne, Appellant.
    (Argued June 6, 1930;
    decided July 8, 1930.)

      Edgar W. Snell for appellant.

      Murray Curtin for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York ex rel. Farmers’ Loan and Trust Company, as Executor and Trustee under the Will of Helen C. Bostwick, Deceased, Appellant, v. Henry M. Goldfogle et al., as Commissioners of Taxes and Assessments of the City of New York, Respondents.
    (Argued June 6, 1930;
    decided July 8, 1930.)

      Mansfield Ferry for appellant.

      Arthur J. W. Hilly, Corporation Counsel (William H. King and Norman E. Gatens of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Caedozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Utilities Mutual Insurance Company et al., Appellants, v. Ebsary Gypsum Company, Respondent.
    (Argued June 9, 1930;
    decided July 8, 1930.)

      Paul Folger for appellants.

      Harlan W. Rippey for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman and Hubbs, JJ. Dissenting: Kellogg and O’Brien, JJ.


text:
    H. T. W. Huntting et al., Individually and as Members of the Firm of Blyth & Bonner, Appellants, v. United States Fidelity and Guaranty Company, Respondent.
    (Argued June 9, 1930;
    decided July 8, 1930.)

      Otto C.1 Sommerich, Maxwell C. Katz and Raymond T. Heilpern for appellants.

      Edward F. Spitz and William J. McArthur for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Henry Steir, an Infant, by Wolf Steir, His Guardian ad Litem, et al., Appellants, v. London Guarantee & Accident Company, Ltd., of London, England, Respondent.
    (Argued June 9, 1930;
    decided July 8, 1930.)

      William J. Millard, Alexander D. Diamond, Abraham Gruber and Myers Greene for appellants.

      Leo C. Weiler, Max Ash and William E. Lowther for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    James J. Tobin, Appellant, v. Joseph P. Hennessy, as Commissioner of Parks of the Borough of Bronx, City of New York, et al., Respondents.
    (Argued June 10, 1930;
    decided July 8, 1930.)

      Sol A. Hyman for appellant.

      Arthur J. W. Hilly, Corporation Counsel (J. Joseph Lilly, VineH. Smith and William E. C. Mayer of counsel), for the Commissioner of Parks of the Borough of Bronx et al., respondents.

      Harry B. Chambers for Thomas O’Dowd et al., respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Application of Silas Mason Company, Respondent, v. Charles W. Berry, as Comptroller of the City of New York, et al., Appellants.
    (Argued June 10, 1930;
    decided July 8, 1930.)

      Arthur J. W. Hilly, Corporation Counsel (J. Joseph Lilly, Milton I. Hauser and Joseph T. Flynn of counsel), for appellants.

      Harold J. Cloutman and William G. Fullen for respondent.
   Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the ground mandamus is not the proper remedy; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Daniel J. Murphy, Appellant, v. Frank B. Hall & Company, Inc., Respondent.
    (Argued June 10, 1930;
    decided July 8, 1930.)

      Christian S. Lorentzen, William D. Brinnier, Jr., and Gilbert F. Kennedy for appellant.

      Herbert Barry and Gardner D. Howie for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Ravine Point Corporation, Respondent, v. Otto W. Kott et al., Appellants.
    (Argued June 10, 1930;
    decided July 8, 1930.)

      Ralph Earl Prime, Jr., Francis X. Donoghue and Edward G. McAnaney for appellants.

      Charles T. B. Rowe for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Max Bottstein, Respondent, v. Sidney F. Miller et al., Appellants.
    (Argued June 10, 1930;
    decided July 8, 1930.)

      Walter D. Wile, Maxwell Steinhardt and Frederick W. Frost for appellants.

      Frank W. Holmes for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Joseph Tagg, an Infant, by Floyd Tagg, His Guardian ad Litem, Respondent, v. City of Lockport, Appellant. Floyd Tagg, Respondent, v. City of Lockport, Appellant.
    (Argued June 11, 1930;
    decided July 8, 1930.)

      George C. Lewis, Corporation Counsel, for appellant.

      J. Wesley Andrews for respondents.
   Judgment in each action affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of the Accounting of Brooklyn Trust Company, as Trustee under the Will of Frank P. Rossiter, Deceased, Respondent. Lucius T. Rossiter et al., Appellants; C. Lawrence Rossiter et al., as Executors of Clinton L. Rossiter, Deceased, Respondents.
    (Argued June 11, 1930;
    decided July 8, 1930.)

      John G. Poore for Lucius T. Rossiter, appellant.

      Frederick A. Keck, special guardian, appellant.

      Ralph W. Crolly for Brooklyn Trust Company, as trastee, respondent.

      Raimond E. Dee and Millard F. Tompkins for executors of Clinton L. Rossiter, deceased, respondent.
   Order affirmed, with costs to the respondents Rossiter? etc., as executors of the will of Clinton L. Rossiter payable out of the estate of Frank P. Rossiter; no opinion.

Concur: Cardozo, Ch. J., Pound, Kellogg, O’Brien and Hubbs, JJ. Not voting: Crane, J. Not sitting: Lehman, J.


text:
    New York Plumbers’ Specialties Company, Inc., Respondent, v. Paul Englander, Appellant. New York Plumbers’ Specialties Company, Inc., Respondent, v. Emily L. Hoffbauer, Appellant.
    (Argued June 11, 1930;
    decided July 8, 1930.)

      Irving I. Goldsmith, Walter M. Hinkle and Reuben Greenbaum for appellants.

      Charles H. Kelby and Abraham J. Halprin for respondent.
   Order in each action affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    In the Matter of Alfred E. Jordan, as Mayor of the Village of Great Neck Estates, et al., Appellants, against Lewis J. Smith, County Judge of the County of Nassau, et al., Respondents.
    (Argued June 11, 1930;
    decided July 8, 1930.)

      Edward, S. Bentley and William R. Conklin for appellants.

      Erasius J. Parsons and James L. Dowsey for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    William Ciaccia, an Infant, by Louis Ciaccia, His Guardian ad Litem, Respondent, v. Abraham Horowitz, Appellant.
    (Submitted June 11, 1930;
    decided July 8, 1930.)

      Benjamin C. Loder and John H. Scully for appellant.

      Henry J. Block for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Patricia P. Hubbard et al., Suing for Themselves and Others, Appellants, v. Kensington Bank et al., Respondents.
    (Submitted June 11, 1930;
    decided July 8, 1930.)

      Albert Conway and Edward C. McLoughlin for appellants.

      Bruce B. Duncan and Mitchell Klupt for Kensington Bank, respondent.

      Samuel A. Telsey for Municipal Bank, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Cb. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Angelo Mammana, as Administrator of the Estate of Joseph Mammana, Deceased, Respondent, v. Village of Brocton, Appellant.
    (Argued June 12, 1930;
    decided July 8, 1930.)

      William S. Stearns for appellant.

      W. Bartlett Sumner for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Estate of Hugh Martin, Deceased. Virginia Curran et al., as Executrices of Mary E. Curran, Deceased, Appellants; Eugene J. Busher, as Administrator with the Will Annexed, Respondent.
    (Argued June 12, 1930;
    decided July 8, 1930.)

      Edgar A. Martin and Warren Leslie for appellants.

      Robert B. Honeyrrmn for administrator, respondent.

      Alfred J. Talley for Edward R. Kirk, ancillary guardian of Emily Martin, an infant, respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Lehman, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Crane, J.


text:
    William J. Embling, Respondent, v. The Churchville Oil and Natural Gas Company, Appellant.
    (Argued June 13, 1930;
    decided July 8, 1930.)

      Edward N. Heath for appellant.

      Hampton H. Halsey for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Estate of James C. Brady, Deceased. The State Tax Commission, Appellant; Nicholas F. Brady et al., as Executors et al., Respondents.
    (Argued June 13, 1930;
    decided July 8, 1930.)

      Seth T. Cole and James A. Quinn for State Tax Com" mission, appellant.

      Neile F. Towner for executors, respondents.

      Nathan L. Miller, Harold Otis and Robert A. Fulwiler, Jr., for Helen M. Brady et al., respondents.

      Edward J. O’Connell for Ruth Brady et al., respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Isabel Fox, Respondent, v. New York, Ontario and Western Railway Company, Appellant.
    (Submitted June 13, 1930;
    decided July 8, 1930.)

      Abram F. Servin and John Bright for appellant.

      James B. Henney, William A. Hyman and Robert Hyman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Eslyn Gerstner et al., Infants, by Salle L. Gerstner, Their Guardian ad Litem, Respondents, v. The Commercial Travelers Mutual Accident Association of America, Appellant.
    (Submitted June 13, 1930;
    decided July 8, 1930.)

      Henry C. Moses and Charles J. Nehrbas for appellant.

      Moses Feltenstein and Abraham Bosenstein for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Application for Ancillary Letters Testamentary upon the Will of Lincoln S. Rogers, Deceased. Arthur Metcalf, Appellant; Mary T. Rogers et al., as Executrices, Respondents.
    (Submitted June 13, 1930;
    decided September 30, 1930.)

      Jonas J. Hegt and Robert L. Eckstein for appellant.

      Ralph Stout and George W. Allen for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Pincus Glickman, Respondent, v. New York Bankers, Inc., et al., Defendants, and William Malafsky, Appellant.
    (Submitted September 29, 1930;
    decided October 7, 1930.)

      Jacob Aks for motion.

      Leo J. Linder opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Village of Chateaugay, Respondent, v. Chasm Power Company et al., Appellants.
    (Submitted September 29, 1930;
    decided October 7, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 253 N. Y. 592.)


text:
    Joseph B. Raebeck, Respondent, v. Title Guarantee and Trust Company, Appellant.
    (Submitted September 29, 1930;
    decided October 7, 1930.)

      Nathaniel Kaplan for motion.

      C. Elmer Spedick opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Matthew Ring, Respondent, v. Mary J. Ring, Appellant. Commonwealth Bond Corporation, Respondent, v. Matthew Ring, Respondent, and Mary J. Ring, Appellant.
    (Submitted September 29, 1930;
    decided October 7, 1930.)

      H. B. Butterfield for motion.
    No one opposed.
   Motion denied, without costs.


text:
    Mojac Finance Company, Inc., Respondent, v. The Continental Insurance Company, Appellant, Impleaded with Others.
    (Argued September 29, 1930;
    decided October 7, 1930.)

      Louis Rosenberg for motion.

      David A. TicMin opposed.
   Motion denied, with ten dollars costs.


text:
    Martin M. Wohl et al., Copartners under the Firm Name of Wohl Brothers, Appellants, v. Sol Schildkraut et al., Respondents.
    (Argued September 29, 1930;
    decided October 7, 1930.)

      W. J. Mach for motion.

      Sydney Rosenthal opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of the Accounting of the Mechanics and Farmers Bank of Albany, as Executor of Laura C. Hughes, Deceased, Appellant. Lillian T. L. Campbell, Respondent.
    (Argued September 29, 1930;
    decided October 7, 1930.)

      Thomas F. Woods for motion.

      Edgar S. Knox opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, on the authority of Matter of Gibson (195 N. Y. 466).


text:
    In the Matter of the Estate of Ida A. Flagler, an Incompetent Person. Andrew M. Pettit, Appellant; Cornelius J. Sullivan et al., as Committee, Respondents.
    (Submitted September 29, 1930;
    decided October 7, 1930.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 254 N. Y. 515.)


text:
    Margaret Wolf, as Administratrix of the Estate of Phelix O’Brien, Deceased, Appellant, v. George Kaufmann et al., Respondents.
    (Submitted September 29, 1930;
    decided October 7, 1930.)

      Clarence S. Zipp for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of the Claim of Kathleen M. Carroll, Respondent, against Verway Printing Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued September 30, 1930;
    decided October 14, 1930.)

      Frank L. Ward for appellants.

      Hamilton Ward, Attorney-General (George 8. Kelly and E. C. Aiken of counsel), for respondent.
   Order reversed and claim dismissed, with costs against the State Industrial Board in this court and the Appellate Division on the authority of Matter of Marks v. Gray (251 N. Y. 90); no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of Jacob Wiegan et al., Appellants, against The Board of Standards and Appeals of the City of New York et al., Respondents.
    (Argued September 29, 1930;
    decided October 14, 1930.)

      7. Maurice Wormser for appellants.

      Arthur J. W. Hilly, Corporation Counsel (J. Joseph Lilly and Willard S. Allen of counsel), for Board of Standards and Appeals, respondent.

      J. Philip Van Kirk for William T. Browne et al., respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Application of Esdora Realty Corporation, Respondent, against William E. Walsh et al., Constituting the Board of Standards and Appeals of the City of New York, Defendants. Hermstarr Realty Corporation, Appellant.
    (Argued September 29, 1930;
    decided October 14, 1930.)
    7. Maurice Wormser and William P. Thomas for appellant.

      Arthur J. W. Hilly, Corporation Counsel (Henry J. Shields, J. Joseph Lilly and William F. Kennedy of counsel), for Board of Standards and Appeals of the City of New York.

      Simon M. Platt and N. Joseph Friedman for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York ex rel. Felice Spinelli, Respondent, v. William E. Walsh et al., Constituting the Board of Standards and Appeals of the City of New York et al., Appellants.
    (Argued September 29, 1930;
    decided October 14, 1930.)

      Charles Solomon, Louis P. Goldberg and Frank Monaco for Lena Gilman, appellant.

      Arthur ■ J. W. Hilly, Corporation Counsel (Henry J. Shields and J. Joseph Lilly of counsel), for Board of Standards and Appeals, appellant.

      William Brooks and David L. Malbin for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York ex rel. Herman Nasta, Appellant, v. Robert Barr, Respondent.
    (Argued September 29, 1930;
    decided October 14, 1930.)

      David Goldstein and Thomas G. Frost for appellant.

      Arthur J. W. Hilly, Corporation Counsel (J. Joseph Lilly of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of Best Clothing Company, Inc., Appellant, against Charles W. Berry, as Comptroller of the City of New York, Respondent.
    (Submitted September 29, 1930;
    decided October 14, 1930.)

      Nathan Stieglitz and Harry H. Oshrin for appellant.

      Arthur J. W. Hilly, Corporation Counsel {J. Joseph Lilly, Henry J. Shields and George H. Cowie of counsel), for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property Necessary for the Improvement of the Waterfront of Upper New York Bay in the Borough of Brooklyn. Frank C. B. Page et al., as Executors and Trustees under the Will of Eva M. B. Lane, Deceased, Respondents.
    (Argued September 29, 1930;
    decided October 14, 1930.)

      Arthur J. W. Hilly, Corporation Counsel {Henry W. Mayo of counsel), for appellant.

      Eli J. Blair for respondent.
   Order affirmed, with costs; no opinion.

Concur: Pound, Crane, Lehman, O’Brien and Hubbs, JJ. Dissenting: Cardozo, Ch. J., and Kellogg, J.


text:
    Caroline Gesell et al., Respondents, v. Louis A. Wells, Defendant, and Jeffrey Wells, Appellant.
    (Argued September 29, 1930;
    decided October 14, 1930.)

      C. Addison Keeler for appellant.

      Arthur F. Curtis and Lewis F. Raymond for respondent.
   Order affirmed, with costs; questions certified answered as follows: First question in the negative; second question in the affirmative; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Claim of James MacDonald, Respondent, against Grand Battery and Ignition Service, Defendant, and The Fidelity and Casualty Company of New York, Appellant. The State Industrial Board, Respondent.
    (Argued September 30, 1930;
    decided October 14, 1930.)

      Edward P. Mowton for appellant.

      Hamilton Ward, Attorney-General (Roy Wiedersum and E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ. z


text:
    In the Matter of the Claim of Marie Pendl, Respondent, against Arthur Haenel et al., Appellants. The State Industrial Board, Respondent.
    (Argued September 30, 1930;
    decided October 14, 1930.)

      William Warren Dimmick for appellants.

      Francis X. Stephens, Jr., for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Claim of Fred Hughes, Respondent, against Waterson, Berlin & Snyder Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued September 30, 1930;
    decided October 14, 1930.)

      William Warren Dimmick for appellants.

      Hamilton Ward, Attorney-General (George S. Kelly and E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Claim of Julia L. McCarthy, Respondent, against Walsh Construction Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued September 30, 1930;
    decided October 14, 1930.)

      Neile F. Towner for appellants.

      Hamilton Ward, Attorney-Oeneral (Boy Wiedersum and E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Claim of the State Treasurer et al., against Michael Wielandt, Jr., et al., Appellants. The State Industrial Board, Respondent.
    (Argued September 30, 1930;
    decided October 14, 1930.)

      Francis J. MacIntyre, John V. Downey and James B. M. McNally for appellants.

      Hamilton Ward, Attorney-General (George S. Kelly and E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cabdozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Claim of the State Treasurer et al., against John K. Turton Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued September 30, 1930;
    decided October 14, 1930.)

      Francis J. MacIntyre, John V. Downey and James B. M. McNally for appellants.

      Hamilton Ward, Attorney-General (George S. Kelly and E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Claim of Timothy J. Hickey, Respondent, against The City of Troy, Appellant. The State Industrial Board, Respondent.
    (Submitted September 30, 1930;
    decided October 14, 1930.)

      T. Stewart Hubbard, Corporation Counsel (,Joseph F. Purcell of counsel), for appellant.

      ^E. Deane Vincent for respondent.
   Appeal dismissed, without costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Charles W. Johnson, an Infant, by Gustav Johnson, His Guardian ad Litem, Appellant, v. The Schaefer Company, Respondent. Gustav Johnson, Appellant, v. The Schaefer Company, Respondent.
    (Submitted October 6, 1930;
    decided October 14, 1930.)

      H. H. Brown and E. C. Sherwood for motions.
    No one opposed.
   Motions granted and appeals dismissed, with costs and ten dollars costs of motions.


text:
    Alex Thompson, Respondent, v. Orange and Rockland Electric Company, Appellant.
    (Argued October 1, 1930;
    decided October 21, 1930.)

      Abram F. Servin and Elwood C. Smith for appellant.

      Elbert N. Oakes for respondent.
   Order of the Appellate Division and that of the Special Term reversed and motion to dismiss complaint granted, with costs in all courts; question certified answered in the affirmative on the authority of Thompson v. Orange & Rockland Electric Company (254 N. Y. 366); no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of Henry C. Price, Appellant. The Bar Association of Erie County, Respondent.
    (Argued October 1, 1930;
    decided October 21, 1930.)

      Elijah W. Holt for appellant.

      Dana B. Hellings for respondent.
   Order affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg and O’Brien, JJ. Not sitting: Hubbs, J.


text:
    In the Matter of the Committee of the Estate of Fannie K. Foster, an Incompetent Person. Edmund J. Pickup, Appellant; George W. Mills, Superintendent of Brooklyn State Hospital, et al., Respondents.
    (Argued October 1, 1930;
    decided October 21, 1930.)

      Charles H. Kriger for appellant.

      Conrad Saxe Keyes for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Proceeding under the Grade Crossing Elimination Act for the Elimination of Grade Crossings of the New York Central Railroad. The Town of Rotterdam, Appellant; The Public Service Commission of the State of New York, Respondent.
    (Argued October 1, 1930;
    decided October 21, 1930.)

      Richmond D. Moot and Chatfiéld T. Bates for appellant.

      Harry M. Chamberlain, Charles G. Blakeslee and Sherman C. Ward for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Carduzo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Frank B. Barrett, Appellant, v. Mamaroneck Heights Company, Inc., Respondent.
    (Argued October 2, 1930;
    decided October 21, 1930.)

      Alfred L. Becker, James J. Franc and Harter F. Wright for appellant.

      Charles Foster Brown and Stephen (?. Kent for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Helen Harrington, as Administratrix of the Estate of Martin Harrington, Deceased, Appellant, v. New York Central Railroad Company, Respondent.
    (Argued October 2, 1930;
    decided October 21, 1930.)

      W. Earle Costello for appellant.

      Pierre W. Evans for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    James Shearod, Appellant, v. Forty First and Park Avenue Corporation, Respondent.
    (Submitted October 2, 1930;
    decided October 21, 1930.)

      Louis B. Goldberg and Allen M. Chamow for appellant.

      Clarence S. Zipp and E. C. Sherwood for respondent.
   Judgment of the Appellate Division reversed in so far as it dismisses the complaint and a new trial granted, with costs to abide the event, on the ground that there was a question of fact as to the defendant’s negligence; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane and O’Brien, JJ. Dissenting: Kellogg and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Walter G. Tilbrook, Appellant, v. United States Casualty Company, Respondent.
    (Argued October 2, 1930;
    decided October 21, 1930.)

      Almet Reed Latson, Jr., and William T. Condon for appellant.

      HaroldR. Medina, HaroldR. Oakes, WilliamF. McNulty and William Butler for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Mary Burke, Respondent, v. Syracuse Auto Rental and Taxicab Corporation, Appellant, Impleaded with Another.
    (Argued October 2, 1930;
    decided October 21, 1930.)

      Robert E. Dineen for appellant.

      C. V. Byrne and Homer V. Walsh for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.


text:
    Julia Conklin, Appellant, v. John W. Draper, Respondent.
    (Argued October 3, 1930;
    decided October 21, 1930.)

      James B. McDonough, Jr., and Arthur C. Power for appellant.

      Lorenz J. Brosnan for respondent.
   Order affirmed, with costs; question certified answered in the affirmative; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The John G. Paton Co., Inc., Respondent, v. Guaranty Trust Company of New York, Appellant.
    (Argued October 3, 1930;
    decided October 21, 1930.)

      Russel S. Coutant, William C. Cannon, Theodore Kiendl and Francis W. Phillips for appellant.

      Brison Howie for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Frank Twitchell, as Ancillary Administrator of the Estate of Nettie M. Twitchell, Deceased, Respondent, v. Rutland Railroad Company, Appellant. Frank Twitchell, Respondent, v. Rutland Railroad Company, Appellant.
    (Argued October 3, 1930;
    decided October 21, 1930.)

      Jarvis P. O’Brien for appellant.

      Walter A. Fullerton for respondent.
   Judgment in each action affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York, Respondent, v. Anthony Kalkiewicz, Appellant.
    (Argued October 6, 1930;
    decided October 21, 1930.)

      Gerald J. Shields and Valentine E. O’Grady for appellant.

      Guy B. Moore, District Attorney (Walter F. Hofheins of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York, Respondent, v. James Butler, James Bolger and Italo Ferdinandi, Appellants.
    (Argued October 6, 1930;
    decided October 21, 1930.)

      Charles R. Weeks, John R. Niesley and George A. Gibson for James Butler, appellant.

      Thomas J. Cuff and Milton Pinkus for James Bolger, appellant.

      James N. Gehrig, Jeremiah Wood and Ward Wilklow for Italo Ferdinandi, appellant.

      Elvin N. Edwards, District Attorney {Philip Huntington of counsel), for respondent.
   Judgment of conviction affirmed as to each defendant; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Transfer Tax upon the Estate of Isabelle C. Kirby, Deceased. State Tax Commission, Appellant; Gustavus T. Kirby et al., as Executors, Respondents.
    (Argued October 6, 1930;
    decided October 21, 1930.)

      Seth T. Cole for appellant.

      Richard Ely for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Crane, Lehman, Kellogg, O’Brien and Htjbbs, JJ. Dissenting: Pound, J.


text:
    Niagara Ferry and Transportation Company, Inc., Respondent, v. Eagle Star and British Dominions Insurance Company et al., Appellants.
    (Argued October 6, 1930;
    decided October 21, 1930.)

      Forrest E. Single, Harry J. Kelly, Frank H. Gerrodette and Wtimer H. Eberly for appellants.

      Ray M. Stanley for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The State Bank, Appellant, v. Ephraim Siff, Respondent.
    (Argued October 7, 1930;
    decided October 21, 1930.)

      Leonard G. Bisco and Murray L. Jacobs for appellant.

      George Z. Medalie, William B. Herlands and J. Leon Israel for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Emma L. Van Sise, as Administratrix of the Estate of Benjamin N. Van Sise, Respondent, v. Jarvis Smith, Appellant.
    (Argued October 7, 1930;
    decided October 21, 1930.)

      Thomas A. Clarke and Bernard J. Vincent for appellant.

      John Boyle, Jr., for respondent.
   Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs in all courts, on the ground there is no evidence defendant Was negligent; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Bastian Brothers Company, Respondent, v. Regal Doll Manufacturing Co., Inc., Appellant.
    (Submitted October 7, 1930;
    decided October 21, 1930.)

      Jacob Zelenho, Herman H. Levy and Philip Birnbaum for appellant.

      Kenneth B. Keating for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    American Union Bank, Appellant, v. Emma Bernstein, Respondent.
    (Argued October 7, 1930;
    decided October 21, 1930.)

      I. Maurice Wormser and William Kaufman for appellant.

      Maxwell Slade and David H. Slade for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of William F. Lynn, Respondent, against H. Alden Nichols, as Commissioner of Elections of Monroe County, Appellant.
    (Argued October 20, 1930;
    decided October 22, 1930.)

      Frank H. Hiscock and James E. Cuff for appellant.

      Ralph H. Culley for respondent.
   Per Curiam.

We think this case is controlled by the decision in Matter of Gilfillan v. Beyer (124 Misc. Rep. 628; 240 N. Y. 579), where the facts were almost identical.

Nothing that was said in Matter of Callaghan v. Voorhis (252 N. Y. 14) was intended to impair the authority of that decision. The court did no more than apply the principle previously enforced to the particular situation then before it. Indeed, the Gilfillan case was cited as authority.

The order should be affirmed without costs.

Cardozo, Ch. J., Pound, Kellogg and O’Brien, JJ.¿ concur; Crane and Hubbs, JJ., dissent; Lehman, J., not voting.

Order affirmed.


text:
    Estelle Toole, as Administratrix of the Estate of Frank S. Toole, Deceased, Respondent, v. New York Central Railroad Company, Appellant.
    (Argued October 8, 1930;
    decided October 24, 1930.)

      K. 0. Mott-Smith and Jacob Aronson for appellant.

      A. H. F. Seeger, Thomas Gagan and Frank Comesky for respondent.
   Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs in all courts, on authority of Schrader v. N. Y., C. & St. L. R. R. Co. (254 N. Y. 148).

Concur: Cardozo, Ch. J., Pound, Lehman, Kellogg and O’Brien, JJ. Dissenting: Crane and Hubbs, JJ.


text:
    Walter F. Copeland, Appellant, v. The Melrose National Bank of New York, Respondent.
    (Argued October 7, 1930;
    decided October 24, 1930.)

      Harry C. W. Mdick for appellant.

      Hiram Thomas, Hugh S. Williamson, William L. Hanaway and Edward A. Craighill, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Frank A. Stevens, Respondent, v. Charles F. Healy, Appellant.
    (Argued October 8, 1930;
    decided October 24, 1930.)

      Edward P. Mowton for appellant.

      Eugene L. Bondy and Edward A. Kole for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Lillian Rosenthal, Appellant, v. Nathan Rosenthal, Respondent.
    (Submitted October 8, 1930;
    decided October 24, 1930.)

      Morris Hillquit and Charles M. Joseph for appellant.

      Saul I. Badin and Otto C. Sommerich for respondent.
   Judgment affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    United States Merchants and Shippers Insurance Company, Respondent, v. Morris Klipper Appellant.
    (Argued October 8, 1930;
    decided October 24, 1930.)

      Harold R. Zeamans and Harry KirsKbaum for appellant.

      Paul D. Compton for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Charles L. Gridley et al., Respondents, v. The Home Insurance Company, Appellant.
    (Argued October 9, 1930;
    decided October 24, 1930.)

      James M. H. Wallace, H. Frank Dake and Joseph Swart for appellant.

      Acton M. Hill for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    James E. Shields, Respondent, v. Tillie Crager et al., Appellants.
    (Argued October 9, 1930;
    decided October 24, 1930.)

      Frederick Mellor for appellants.

      Leonard F. Fish and George A. Grabow for respondent.
   Judgment affirmed, with costs, under section 106 of the Civil Practice Act; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Moore Realty Corporation, Respondent, v. W. W. Wetmore Corporation, Defendant, and Murphy Door Bed Company, Inc., Appellant.
    (Submitted October 9, 1930;
    decided October 24, 1930.)

      Frank Gibbons for appellant.

      Arthur J. Adler and H. Edson Webster for respondent.
   Judgment, affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of the Accounting of John Brennan et al., as Executors of Stella C. Megrue, Deceased, Respondents. The Actors’ Fund of America, Inc., Appellant.
    (Argued October 9, 1930;
    decided October 24, 1930.)

      Jacob I. Goodstein for appellant.

      John Schulman and T. Raymond St. John for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    Ida Wettlaufer, Appellant, v. William Wettlaufer, Respondent.
    (Argued October 9, 1930;
    decided October 24, 1930.)

      Joseph Swart and James M. H. Wallace for appellant.

      Frank S. Anderson and David Ruslander for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cabdozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    The People of the State of New York, Respondent, v. Isadore Platkowitz, Appellant.
    (Argued October 10, 1930;
    decided October 24, 1930.)

      R. Monell Herzberg for appellant.

      Thomas A. Cookingham, District Attorney, for respondent.
   Judgment affirmed under section 542 of the Code of Criminal Procedure; no opinion.

Concur: Cabdozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.


text:
    In the Matter of Julian M. Wilson, Appellant, against Thomas S. Cheshire, as Clerk of the County of Nassau, Respondent.
    (Argued October 28, 1930;
    decided October 28, 1930.)

      Thomas J. Cvff and Milton Pinkus for appellant.

      James L. Dowsey, Le Roy G. Edwards, Fred Ingraham and II. Stewart Me Knight for respondent.
   Order affirmed, without costs; no opinion.

Concur: Cabdozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.