text:
    In the Matter of the Claim of Joseph Hechtenthal, Respondent, against Eisenberg & Halberstadt et al., Appellants. The State Industrial Board, Respondent.
    (Argued March 25, 1931;
    decided April 14, 1931.)

      Edward P. Mowton for appellants.

      John J. Bennett, Jr., 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.


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of the Claim of Agnes Chaloux against Royal Knitting Company, Inc., et al., Respondents. The State Industrial Board, Appellant.
    (Argued March 25, 1931;
    decided April 14, 1931.)

      John J. Bennett, Jr., Attorney-General {E. C. Aiken of counsel), for appellant.

      Edward P. Mowton for respondent.
   Order affirmed, with costs against the State Industrial Board; no opinion.

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


text:
    In the Matter of the Claim of Rosetta Copeland against The Foundation Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued March 25, 1931;
    decided April 14, 1931.)

      George J. Stacy and James J. Mahoney for appellants.

      John J. Bennett, Jr., Attorney-General (E. C. Aiken of counsel), for respondent.
   Order of the Appellate Division reversed and claim dismissed, with costs against the State Industrial Board in the Appellate Division and in this court, on the authority of Matter of Cameron v. Ellis Construction Co. (252 N. Y. 394); no opinion.

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


text:
    In the Matter of the Claim of John Salatto against Antonio Salatto et al., Copartners Doing Business as Salatto Bros, et al., Appellants. The State Industrial Board, Respondent.
    (Argued March 25, 1931;
    decided April 14, 1931.)

      George J. Stacy and James J. Mahoney for appellants.

      John J. Bennett, Jr., Attorney-General (E. C. Aiken of counsel), for respondent.
   Order of the Appellate Division reversed and claim dismissed, with costs in the Appellate Division and in this court, upon the authority of Matter of Lyle v. Lyle Cider, etc., Co. (243 N. Y. 257); no opinion.

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


text:
    In the Matter of the Claim of Guiseppe Vollpe, Respondent, against John Petti, Doing Business as Westchester Concrete Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued March 25, 1931;
    decided April 14, 1931.)

      George J. Stacy and James J. Mahoney for appellants.

      John J. Bennett, Jr., 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 Robert J. Hyatt against U. S. Rubber Reclaiming Co., Inc., Respondent. The State Industrial Board, Appellant.
    (Argued March 25, 1931;
    decided April 14, 1931.)

      John J. Bennett, Jr., Attorney-General (E. C. Aiken of counsel), for appellant.

      Maurice R. Roche and Milton Dammann for respondent.
   Order affirmed, with costs against the State Industrial Board; no opinion.

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


text:
    In the Matter of the Claim of Peter Vecchio, Respondent, against Combined Construction Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued March 25, 1931;
    decided April 14, 1931.)

      Jeremiah F. Connor and William E. Lowther for appellants.

      John J. Bennett, Jr., Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Daniel Dixon, Respondent, against Brewer Dry Dock Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued March 25, 1931;
    decided April 14, 1931.)

      Dickinson S. Talley for appellant.

      John J. Bennett, Jr., 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 William L. Cunningham, Respondent, against Hunterspoint Lumber and Supply Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued March 25, 1931;
    decided April 14, 1931.)

      Dickinson S. Talley for appellants.

      John J. Bennett, Jr., Attorney-General (E. C. Aiken of counsel), for respondent.
   Order of the Appellate Division reversed and claim dismissed, with costs against the State Industrial Board in the Appellate Division and in this court, on the ground that the claimant at the time of the accident was not in the course of his employment; no opinion.

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


text:
    In the Matter of the Claim of Mary C. Parrish against Premier Cabinet Corporation et al., Respondents. The State Industrial Board, Appellant.
    (Argued March 25, 1931;
    decided April 14, 1931.)

      John J. Bennett, Jr., Attorney-General (E. C. Aiken of counsel), for appellant.

      John S. Leonard for respondents.
   Order affirmed, with costs against the State Industrial Board; no opinion.

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


text:
    William F. Brown, by Joseph F. Brown, His Guardian ad Litem, Respondent, v. Samuel Rosen, Appellant.
    (Argued March 26, 1931;
    decided April 14, 1931.)

      Albert deRoode for appellant.

      Samuel B. Seidel and Sidney Newborg 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:
    In the Matter of the Claim of Bertha Cassidy, Respondent, against 143 West 49th Street Construction Corporation et al., Appellants. The State Industrial Board, Respondent.
    (Argued March 26, 1931;
    decided April 14, 1931.)

      T. Carlyle Jones and Bernard J. Vincent for appellants.

      Henry B. Lamm and Sydney A. Mayers for claimant-respondent.

      John J. Bennett, Jr., Attorney-General (E. C. Aiken of counsel), for State Industrial Board, 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 Maryanna Burak et al., Respondents, against Lockport Light and Heat Corporation et al., Appellants. The State Industrial Board, Respondent.
    (Argued March 26, 1931;
    decided April 14, 1931.)

      Esmond D. Murphy for appellant.

      John J. Bennett, Jr., Attorney-General (E. G. Aiken of counsel), for respondent.
   Order of the Appellate Division and award of the State Industrial Board modified by deducting from the death benefits awarded to the widow the sum of $282.60 and from the death benefits awarded to the child the sum of $84.20 and as so modified affirmed, without costs; no opinion.

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


text:
    In the Matter of the Claim of Norman R. Westfelt, Respondent, against Atlas Furniture Company et al., Appellants. The State Industrial Board, Respondent.
    (Argued March 26, 1931;
    decided April 14, 1931.)

      Robert H. Jackson for appellants.

      John J. Bennett, Jr., Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. The American Manufacturing Company, Respondent, v. Leon Gifford et al., as Assessors of the Town of Saratoga, Appellants. (Two Proceedings.)
    (Argued March 26, 1931;
    decided April 14, 1931.)

      Lawrence B. Me Kelvey for appellants.

      Alexander F. Walsh for respondent.
   Order in each case affirmed, with costs; no opinion.

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


text:
    In the Matter of the Pennsylvania Railroad Company, Appellant, against Public Service Commission of the State of New York et al., Respondents.
    (Argued March 27, 1931;
    decided April 14, 1931.)

      Harold J. Adams and Frank Bumsey for appellant.

      Bussell B. Burnside and Charles G. Blakeslee for Public Service Commission, respondent.

      Leslie F. Bobinson for Town of Aurora.

      Myron M. Ludlow, Jr., for Village of East Aurora.
   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, Respondent, v. James Griffin, Appellant.
    (Argued March 27, 1931;
    decided April 14, 1931.)

      Arthur B. Ewig for appellant.

      Harry H. Flemming for respondent.
   Judgment of the County Court and that of the City Court of Kingston reversed and complaint dismissed on the ground that the Board of Public Works was without power to adopt the ordinance under which the defendant was convicted; no opinion.

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


text:
    The People of the State of New York ex rel. Leonard Fernandez, Appellant, v. Harry M. Kaiser, Warden of Clinton Prison, Respondent.
    (Submitted March 27, 1931;
    decided April 14, 1931.)

      James B. McKenna for appellant.

      John J. Bennett, Jr., Attorney-General (Leon M. Layden and Almon W. Burrell of counsel), for respondent.
   Order 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 Mahady, Appellant.
    (Argued March 27, 1931;
    decided April 14, 1931.)

      David F. Lee for appellant.

      William H. Coon, District Attorney, for respondent.
   Judgment 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. Adrian McDonald, Appellant.
    (Submitted March 27, 1931;
    decided April 14, 1931.)

      Jonah J. Goldstein and Lawrence Kovalsky for appellant.

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

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


text:
    Furman T. Howard, Appellant, v. Jane L. Howard, Respondent, Impleaded with Others.
    (Argued March 31, 1931;
    decided April 14, 1931.)

      Henry Schoenherr for appellant.

      Percival E. Jackson and John P. McKenna for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    David Weinrib, Respondent, v. Peerless Optical Manufacturing Company, Inc., et al., Appellants, Impleaded with Another.
    (Argued March 31, 1931;
    decided April 14, 1931.)

      David T. Smith, Nicholas A. Heymsfeld and George Kohan for appellants.

      Reuben Weinberg and Isaac Weinberg for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Probate of the Will of James F. Barger, Deceased. James Barger et al., Appellants; Samuel Barger, Respondent.
    (Submitted March 31, 1931;
    decided April 14, 1931.)

      Milton B. Weston and Dorothy Frooks for appellants.

      Stuart Baker for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Siebros Finance Corporation, Respondent, v. 190 West Fourth Street Realty Corporation et al., Appellants, Impleaded with Others.
    (Submitted March 31, 1931;
    decided April 14, 1931.)

      Jacquin Frank and Isidore Ehrman for appellants.

      Israel Siegel 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 People of the State of New York, by James A. Beha, Superintendent of Insurance, Respondent, for an Order to Take Possession of the Property of the Consolidated Assurance Company, Limited, of London, England. Joseph P. Grabfield, Appellant.
    (Submitted March 23, 1931;
    decided April 14, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 255 N. Y. 569.)


text:
    Samuel Waxman, Respondent, v. Jacob Williamson, Appellant.
    (Submitted April 6, 1931;
    decided April 14, 1931.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 117.)


text:
    In the Matter of The Graves Quinn Corporation, Respondent, v. Alfred C. Kihn, Appellant.
    (Submitted April 6, 1931;
    decided April 14, 1931.)

      George Rosendale for motion.

      Clarence E. Sutherland opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Jessie E. Bernat, Appellant, v. West Seventy-third Street Corporation, Respondent.
    (Submitted April 6, 1931;
    decided April 14, 1931.)

      Harold B. Elgar for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs for motion.


text:
    Anna Durnin, Respondent, v. Ætna Life Insurance Company, Appellant.
    (Argued April 1, 1931;
    decided April 16, 1931.)

      Charles E. Spencer for appellant.

      Albert H. Clark and Hull Greenfield for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Patrick Byrne, Respondent, v. John J. Meehan, Appellant, Impleaded with Another.
    (Argued April 1, 1931;
    decided April 16, 1931.)

      Arthur N. Seiff for appellant.

      William G. Walsh and G. Everett Hunt for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Anton Strittmatter, Respondent, v. The Trustees of the Sailors Snug Harbor in the City of New York, Appellant.
    (Argued April 1, 1931;
    decided April 16, 1931.)

      Edward P. Mowton for appellant.

      Van M. Logan for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Ella V. McLaren, as Administratrix with the Will Annexed of Thomas J. Brush, Deceased, Appellant and Respondent. Mary F. Robinson, Respondent and Appellant.
    (Argued April 2, 1931;
    decided April 16, 1931.)

      William R. Murphy and George H. Burtis for administratrix, appellant and respondent.

      Robert H. Koehler for claimant, respondent and appellant.
   Order affirmed, without costs; no opinion.

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


text:
    Le Roy Symond, Respondent, v. The Brooklyn City Railroad Company, Appellant.
    (Argued April 2, 1931;
    decided April 16, 1931.)

      Frederick S. Martyn and George D. Yeomans for appellant.

      Samuel Poses, Irving Driesen and David E. Grant for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    John H. Foster, Respondent, v. Peoples Gas and Electric Company of Oswego, Appellant. John F. Ryan, Respondent, v. Peoples Gas and Electric Company of Oswego, Appellant.
    (Argued April 2, 1931;
    decided April 16, 1931.)

      Harry C. Mizen for appellant.

      Leonard H. Amdursky, Avery S. Wright and Francis; D. Culkin 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:
    In the Matter of the Estate of John R. Haeger, Deceased. Henry Fahrenkrug et al., as Executors and Trustees, Appellants; Dorothy Haeger et al., Respondents.
    (Argued April 2, 1931;
    decided April 16, 1931.)

      Herman Elfers, Ralph Stout and Herbert A. Trebing for appellants.

      Benoni Bernard Gattell for Henry Haeger et al., respondents.

      Adolph E. Gutgsell for Dorothy Haeger et al., respondents.
   Order affirmed, with costs; no opinion.

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


text:
    East Brooklyn Savings Bank, Appellant, v. Charles Leibner et al., Respondents, Impleaded with Another.
    (Argued April 2, 1931;
    decided April 16, 1931.)

      Earl A. Darr for appellant.

      Anthony Apicella and Sarah L. Lazarus for Charles Leibner, respondent.

      Arthur J. W. Hilly, Corporation Counsel (Alexander S. Aleinikoff of counsel), for the City of New York, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Salembier & Villate, Inc., Respondent, v. Prudential Silk Hosiery Company, Appellant.
    (Submitted April 2, 1931;
    decided April 16, 1931.)

      Sidney S. Meyers for appellant.

      Frank C. Fisher and Francis C. Reed 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 Albert Ulmann et al., Copartners under the Firm Name of Sulzbacher, Granger & Company, Appellants, v. Mike H. Thomas, Defendant. New York Produce Exchange, Respondent.
    (Submitted April 13, 1931;
    decided April 16, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 255 N. Y. 506.)


text:
    In the Matter of the Application of the City of New York, Appellant, Relative to Acquiring Title to Real Property Required for the Extension of Sixth Avenue and the Widening of Watts Street, in the Borough of Manhattan. Michael Ligrano et al., Respondents.
    (Argued February 9, 1931;
    decided May 12, 1931.)

      Arthur J. W. Hilly, Corporation Counsel {Joel J. Squier and Edward A. Weingarten of counsel), for appellant.

      NathanL. Goldstein and George Schenker for respondents.
   Orders .modified by deducting the amount of the award under claim No. 43 on the ground that there is no evidence that the property covered by that award was taken by the city, and as modified affirmed, with costs to the successful respondents; no opinion.

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


text:
    In the Matter of the Claim of Mary Joslyn against Oneida Community, Ltd., et al., Respondents. The State Industrial Board, Appellant.
    (Argued March 26, 1931;
    decided May 12, 1931.)

      John J. Bennett, Jr., Attorney-General (E. C. Aiken of counsel), for appellant.

      Frank L. Ward and F. E. Coursen for respondents.
   Order affirmed, with costs against the State Industrial Board; 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. Fred Innes and Hayward Turner, Appellants.
    (Argued March 30, 1931;
    decided May 12, 1931.)

      H. Bennett Salomon and Jerome F. Healy, Jr., for Fred Innes, appellant.

      Abraham Lipton and Michael N. Delagi for Hayward Turner, appellant.

      Charles B. McLaughlin, District Attorney (Sol Boneparth and Herman J. Fliederblum of counsel), for respondent.
   Judgment of conviction as to each defendant affirmed; no opinion.

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


text:
    Elton Clark et al., as Trustees under the Name of Boston Mexican Petroleum Trustees, Respondents, v. John H. Kirby, Individually and as Trustee, et al., Appellants, Impleaded with Others.
    (Argued March 31, 1931;
    decided May 12, 1931.)

      Ernest G. Budington for appellants.

      Edward F. McClennen for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Jack Rothstone et al., as Administrators with the Will Annexed of Arnold Rothstein, Deceased, Appellants, v. Inez Norton, Respondent.
    (Argued April 3, 1931;
    decided May 12, 1931.)

      Bernard Hershkopf and I. Gainsburg for appellants.

      Jay Leo Rothschild for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Samuel Kridel et al., Respondents, v. Jacob Bernstein et al., Appellants, Impleaded with Another.
    (Argued April 3, 1931;
    decided May 12, 1931.)

      J. W. Friedman and I. Gainsburg for appellants.

      Eugene L. Bondy for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Esther Silver, Respondent, v. City of Yonkers et al., Appellants. (Actions 1 and 2.) Lillian Silver, Respondent, v. City of Yonkers et al., Appellants. Harry Silver, Respondent, v. City of Yonkers et al., Appellants.
    (Argued April 3, 1931;
    decided May 12, 1931.)

      Harry J. Laragh, Corporation Counsel (Vincent C. De Carlo of counsel), for City of Yonkers, appellant.

      Charles H. Lane and Alfred W. Andrews for Yonkers Contracting Company, appellant.

      Clarence Alexander for Anthony Cianciulli, appellant. Ralph Earl Prime, Jr., for respondents.
   Judgment in each action affirmed, with costs; no opinion.

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


text:
    Joseph Schwartz, Appellant, v. The Equitable Life Assurance Society of the United States, Respondent.
    (Argued April 6, 1931;
    decided May 12, 1931.)

      David Goldstein and Thomas G. Frost for appellant.

      Peter C. Mann and James D. Ewing for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Miller-Aschheim Company, Inc., Respondent, v. Dalton & Balch, Inc., Appellant.
    (Argued April 6, 1931;
    decided May 12, 1931.)

      I. Maurice Wormser and Sidney Forscher for appellant.

      Herman C. Pollack for respondent.
   Judgment of the Appellate Division and that of the Trial Term modified by deducting from the judgment the sum of $1,065.14, the amount received by the plaintiff from sales for the Victor Piston Ring Company, and as modified affirmed, without costs; no opinion.

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


text:
    I. Tanenbaum Son & Co., Respondent, v. Hygrade Dye Works, Inc., Appellant.
    (Argued April 6, 1931;
    decided May 12, 1931.)

      I. Maurice Wormser and Benjamin W. Goldberg for appellant.

      Charles A. Houston and Meyer Halff for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Smith Motor Car Corporation, Respondent, v. Ira Haupt et al., Appellants.
    (Argued April 6, 1931;
    decided May 12, 1931.)
    I. Cyrus Gordon for appellants.

      Sol M. Selig 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 Transfer Tax upon the Estate of Adolf Haedrich, Deceased. State Tax Commission, Appellant; Brooklyn Trust Company et al., as Executors, Respondents.
    (Argued April 6, 1931;
    decided May 12, 1931.)

      Seth T. Cole and Harry M. Peyser for appellant.

      Ralph W. Crolly for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Charles Shenker, Respondent, v. Otto Fleishner, Appellant, Impleaded with Another.
    (Argued April 7, 1931;
    decided May 12, 1931.)

      Charles H. Kelby and Abraham J. Halprin for appellant.

      Fred P. Harrington and Frank Rosenblum 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 Application of George F. Canfield for a Construction of the Will of Albert W. Canfield, Deceased. Albert W. Canfield et al., Appellants; Wallis C. Bird et al., Respondents.
    (Argued April 7, 1931;
    decided May 12, 1931.)

      F. Morse Hubbard for appellants.

      Edwin W. Cooney and Elmer J. Hoare for Wallis C. Bird, respondent.

      George F. Canfield, respondent in person.
   Order affirmed, with costs payable out of the corpus of the trust fund; no opinion.

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


text:
    574-582 Bedford Avenue Corporation, Respondent, v. Land Mark Corporation, Appellant.
    (Argued April 7, 1931;
    decided May 12, 1931.)

      Jay Leo Rothschild for appellant.

      Herman S. Bachrach, Clarence G. Bachrach and Samuel S. Bisgyer for respondent.
   Judgment of the Appellate Division and that of the Special Term reversed and judgment ordered in favor of the defendant dismissing the complaint and for the relief demanded in its counterclaim, with costs in all courts, on the ground there is no evidence of mutual mistake (Wilson v. Deen, 74 N. Y. 531); no opinion.

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


text:
    Albert Greenberg, an Infant, by Morris Greenberg, His Guardian ad Litem, Appellant, v. J. Kruger, Inc., Respondent.
    (Argued April 7, 1931;
    decided May 12, 1931.)

      Sidney J. Feltenstein for appellant.

      Clarence S. Zipp and E. C. Sherwood for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Estelle Garrison, as Executrix of George Garrison, Deceased, Appellant, v. August J. Porr, Respondent, Impleaded with Another. Floyd W. Bowers, Appellant, v. August J. Porr, Respondent, Impleaded with Another. Burr Bowers, Appellant, v. August J. Porr, Respondent, Impleaded with Another. Arthur L. Bowers, Appellant, v. August J. Porr, Respondent, Impleaded with Another.
    (Argued April 7, 1931;
    decided May 12, 1931.)

      Ellsworth Baker for appellants.

      Nellie Childs Smith and John D. Lyons for respondents.
   Judgment in each action affirmed, with costs; no opinion.

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


text:
    Edjoy Realty, Inc., Respondent, v. John Mullane et al., as Administrators with the Will Annexed of Patrick J. Mullane, Deceased, Appellants.
    (Argued April 7, 1931;
    decided May 12, 1931.)

      Michael F. Dee for appellants.

      Isidore Lapan and Louis E. Felix for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Arthur F. Engel, Respondent, v. Ansco Photoproducts, Inc., Appellant.
    (Argued April 8, 1931;
    decided May 12, 1931.)

      Frank H. Hiscock for appellant.

      Arthur F. Engel, respondent in person.
   Judgment in favor of plaintiff upon the second cause of action affirmed, with costs. Order granting a new trial as to the first and third causes of action affirmed and judgment absolute ordered against appellant upon the stipulation, with costs in all courts; no opinion.

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


text:
    Rose Needle, Respondent, v. New York Railways Corporation, Appellant. Irving Needle, Respondent, v. New York Railways Corporation, Appellant.
    (Argued April 8, 1931;
    decided May 12, 1931.)

      Henry J. Smith for appellant.

      William F. McNulty, Harold R. Medina and Charles Winkelman for respondents.
   Judgment in each action affirmed, with costs; no opinion.

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


text:
    Frederick S. Smith, Respondent, v. Columbia Casualty Company, Appellant.
    (Argued April 8, 1931;
    decided May 12, 1931.)

      Wilson B. Brice, Charles L. Woody, Raymond M. White and E. Vernon Roth for appellant.

      James F. Dealy, Henry Escher, Guy Hughes Riegel and Robert L. Graham, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    New York Life Insurance Company, Respondent, v. Samson S. Watkin, by Esther Watkin, His Guardian ad Litem, Appellant. (Actions 1 and 2.)
    (Argued April 9, 1931;
    decided May 12, 1931.)

      Thomas .G. Frost for appellant.

      Robert M. Field and Louis H. Cooke 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. Fred Carmosino, Ferdinand Mangiamele and Nicholas Leonelli, Appellants.
    (Argued April 9, 1931;
    decided May 12, 1931.)

      Francis X. Mancuso and Sidney Schindler for Fred Carmosino and Ferdinand Mangiamele, appellants.

      John H. Mariano, Robert A. Dillon and Louis Fabricant for Nicholas Leonelli, appellant.

      Charles B. McLaughlin, District Attorney (Sol Boneparth and Herman J. Fliederblum of counsel), for respondent.
   Judgment of conviction as to each defendant affirmed; no opinion.

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


text:
    The Jewish Consumptives’ Relief Society, Respondent, v. Town of Woodbury et al., Appellants.
    (Argued April 9, 1931;
    decided May 12, 1931.)

      William D. Cunningham and Percy V. D. Gott for appellants.

      Hamilton Ward and Martin H. Latner for respondent.

      John J. Bennett, Jr., Attorney-General (Edward F. Spitz of counsel), for State Department of Health et ah, intervener.
   Judgment affirmed, with costs; no opinion.

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


text:
    James L. Page, Respondent, v. Bessie A. Page, Appellant
    (Argued April 10, 1931;
    decided May 12, 1931.)

      H. H. Bacon for appellant.

      Harold J. Tillou for respondent.
   Judgment affirmed, without 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. Kiyo Nakamori, Appellant. The People of the State of New York, Respondent, v. Junzo Ohare, Appellant.
    (Argued April 10, 1931;
    decided May 12, 1931.)

      Ferdinand Pécora and Harry C. Kane for appellants.

      Thomas C. T. Crain, District Attorney {John C. McDermott of counsel), for respondent.
   Judgments in each action reversed and informations dismissed upon the ground that the evidence does not establish the crime charged in the informations; no opinion.

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


text:
    Marjorie Fearman, an Infant, by Frank Fearman, Her Guardian ad Litem, Appellant, v. New York Central Railroad Company, Respondent.
    (Argued April 10, 1931;
    decided May 12, 1931.)

      Thomas P. Heffernan and John S. Lambert for appellant.

      Mark N. Turner and R. C. Vaughan 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. Percy Weiner, Appellant.
    (Argued April 13, 1931;
    decided May 12, 1931.)

      Hieronimus A. Herold for appellant.

      Thomas C. T. Crain, District Attorney (Robert Daru of counsel), for respondent.
   Judgment of the Appellate Division and that of the trial court reversed and new trial ordered on the ground that the evidence was insufficient to warrant the submission of the case to the jury; no opinion.

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


text:
    Wendell P. Murray, Appellant, v. New York Central Railroad Company, Respondent.
    (Argued April 13, 1931;
    decided May 12, 1931.)

      Jerome K. Cheney, John F. Murray and William H. Murray for appellant.

      Frank H. Hiscock for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Caroline T. Woodbury et al., Respondents, v. Charles A. Garrity et al., Appellants, Impleaded with Others.
    (Argued April 13, 1931;
    decided May 12, 1931.)

      James A. Gray for appellants.

      Walter E. Warner for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Catherine Carter, as Administratrix of the Estate of James Carter, Deceased, Appellant, v. Ruby Trucking Company, Respondent.
    (Argued April 13, 1931;
    decided May 12, 1931.)

      William S. Butler and James A. Gray for appellant.

      James I. Cuff, Henry R. Bright and Grattan B. Shults for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    John Frazier, Jr., an Infant, by Elizabeth Frazier, His Guardian ad Litem, Appellant, v. Frederick Reinman, an Infant, by Fred E. Wenzel, His Guardian ad Litem, Respondent.
    (Argued April 13, 1931;
    decided May 12, 1931.)

      Edmond J. Fitzgerald for appellant.

      Bradley Fuller 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 Ralph Simmonds Corporation, Respondent, against Albert Conway, as Superintendent of Insurance of the State of New York, Appellant.
    (Argued April 13, 1931;
    decided May 12, 1931.)

      John J. Bennett, Jr., Attorney-General (F. R. Chant of counsel), for appellant.

      John E. Donnelly and Henry F. Rabbe for respondent.
   Order affirmed with costs; no opinion.

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


text:
    James F. Gagin, Respondent, v. Edward Lockman, Appellant.
    (Submitted April 13, 1931;
    decided May 12, 1931.)

      Hyman J. Beit for appellant.

      Charles S. Bosenschein 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. David H. Bergman, Appellant.
    (Argued April 15, 1931;
    decided May 12, 1931.)

      Henry Hirschberg for appellant.

      Franklin A. Schriver, District Attorney, for respondent.
   Judgment of the Appellate Division and that of the Trial Term reversed and a new trial ordered on the ground that the evidence fails to show that the fire which destroyed the defendant’s property was of incendiary origin; no opinion.

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


text:
    In the Matter of the Probate of the Will of Mary B. Dowdle, Deceased. Bart L. Dowdle, Appellant; Charles M. Doyle, Respondent.
    (Argued April 14, 1931;
    decided May 12, 1931.)

      Francis D. Culkin, Avery S. Wright and Leonard H. Amdursky for appellant.

      Francis E. Cullen for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Bertram E. Wilson et al., Respondents, v. Oliver Costich Company, Inc., Appellant.
    (Argued April 14, 1931;
    decided May 12, 1931.)

      George J. Skivington for appellant.

      Arthur V. D. Chamberlain and William B. Zimmer for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Angelo De Crescenzo, Respondent, v. 274-276 Madison Avenue, Inc., Defendant, and Thompson-Starrett Company, Appellant.
    (Argued April 14, 1931;
    decided May 12, 1931.

      Frederick Hulse for appellant.

      Leonard F. Fish and T. J. Gillen 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 that Labor Law, section 2.41, subdivision 5, as it read at the time of the accident, did not apply to hoisting apparatus not within a building ” and that no liability at common law was established; no opinion.

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


text:
    Margaret Duffy, Respondent, v. Yellow Albany Cab Co., Inc., Appellant.
    (Argued April 14, 1931;
    decided May 12, 1931.)

      Werner II. Pigors and Nathan M. Medwin for appellant.

      John M. Schneider for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Max Lorincz, Respondent, v. Partos Realty Corporation, Appellant.
    (Submitted April 14, 1931;
    decided May 12, 1931.)

      Abraham, J. Halprin for appellant.

      Louis Boehm and Samuel Zeiger for respondent..
   Judgment affirmed, with costs; no opinion.

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


text:
    Buffalo Courier-Express, Inc., Respondent, v. County of Erie, Appellant.
    (Argued April 15, 1931;
    decided May 12, 1931.)

      M. Edwin Merwin for appellant.

      Stanley G. Falk for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Harry Lepton et al., Respondents, v. Miriam Wiener et al., Defendants, and Jacob Garner, Appellant.
    (Submitted April 15, 1931;
    decided May 12, 1931.)

      Joseph P. Tolins for appellant.

      Forrest S. Chilton for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    William C. Atwater & Co., Inc., Appellant, v. Stokes Coal Company, Inc., Respondent.
    (Argued April 16, 1931;
    decided May 12, 1931.)

      Carroll Blakely Low and Walter Carroll Low for appellant.

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

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


text:
    Ray F. Saltsman, as Administrator with the Will Annexed of Punderson West, Deceased, Respondent, v. Anna M. Greene et al., Respondents. The Baptist Missionary Convention of the State of New York, Appellant.
    (Argued April 16, 1931;
    decided May 12, 1931.)

      Harvey F. Remington for appellant.

      Horace L. Bronson for respondents.
   Judgment affirmed, with costs; no opinion. (See 256 N. Y. 691.)

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


text:
    The People of the State of New York ex rel. Village of Chateaugay, Respondent, v. Public Service Commission of the State of New York, Respondent and Appellant, and New York State Electric and Gas Corporation, Appellant.
    ¡(Submitted May 11, 1931;
    decided May 19, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 255 N. Y. 232.)


text:
    Horst A. C. Albrecht, Appellant, v. Altoona Textile Company, Inc., Respondent.
    (Submitted May 11, 1931;
    decided May 19, 1931.)

      John L. Delius for motion.

      Stanhope Foster opposed.
   Motion granted on payment of costs of appeal in this court.


text:
    Delbert Russell, Respondent, v. Lehigh Valley Railroad Company, Appellant.
    (Submitted May 11, 1931;
    decided May 19, 1931.)

      Merwin W. Lay for motion.

      Howard Cobb opposed.
   Motion denied, with ten dollars costs.


text:
    East Brooklyn Savings Bank, Appellant, v. Charles Leibner et al., Respondents, Impleaded with Another.
    (Submitted May 11, 1931;
    decided May 19, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 596.)


text:
    In the Matter of Agnes V. Birmingham, Appellant, against Frank P. Graves, State Commissioner of Education, Respondent.
    (Submitted May 11, 1931;
    decided May 19, 1931.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 255 N. Y. 623.)


text:
    In the Matter of Tri-State Investors Corporation, Appellant, v. Frederick McH. Kitching et al., Defendants. Elizabeth F. Vilkomerson, Respondent. In the Matter of Tri-State Investors Corporation, Appellant, v. Florence M. Kitching, Defendant. Elizabeth F. Vilkomerson, Respondent.
    (Submitted May 11, 1931;
    decided May 19, 1931.)

      Elizabeth F. Vilkomerson for motion.

      Albert Adams opposed.
   Motions granted and appeals dismissed, with costs and ten dollars costs of motion, unless within ten days appellants pay ten dollars costs and file the return and serve copies of the papers on appeal in accordance with the rule, in which event the motions are denied, without costs.


text:
    Theodore Lumbrazo, Respondent, v. S. D. Woodruff et al., Appellants.
    (Submitted May 11, 1931;
    decided May 19, 1931.)
   Motion to amend remittitur granted, and remittitur amended so as to give judgment on the counterclaim for $1,065, with interest from September 25, 1927. (See 256 N. Y. 92.)


text:
    New York Investors, Inc., Appellant, v. Manhattan Beach Bathing Parks Corporation et al., Respondents.
    (Submitted May 11, 1931;
    decided May 19, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 162.)


text:
    Sallie V. Kilroy, Respondent, v. The United States Fire Insurance Company of New York, Appellant.
    (Submitted May 11, 1931;
    decided May 19, 1931.)

      Clinton T, Taylor for motion.

      Robert P. Schur opposed.
   Motion denied.


text:
    Standard Oil Company of New York, Appellant, v. Clifford S. Brinkerhoff, Respondent, Impleaded with Another.
    (Submitted May 11, 1931;
    decided May 19, 1931.)

      William J. Walker for motion.

      Courtland Palmer opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Michael Dorochuk, as Administrator of the Estates of Ignatz Copatzkevitch and Tony Krawozak, Deceased, Respondent, Impleaded with Another, v. Michael Skrobot, Appellant, Impleaded with Another.
    (Submitted May 11, 1931;
    decided May 19,1931.)

      Edgar J. Treacy for motion.

      James J. Mahoney opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements.


text:
    Ethel R. Ryskind, Respondent, v. Morrie Ryskind, Appellant.
    (Argued May 11, 1931;
    decided May 19, 1931.)

      Rudolph Stand for motion.

      Jonas J. Shapiro opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Adolph M. Engel, Appellant, v. Cheston Simmons, Jr., et al., Respondents.
    (Submitted May 11, 1931;
    decided May 19, 1931.)

      John L. Lockwood for motion.

      Albert Adams opposed.
   Motion granted and appeal dismissed in so far as it refers to the order, and, in so far as it refers to the judgment, granted and appeal dismissed, with costs and ten dollars costs of motion unless the record and appellant’s brief be served and filed and ten dollars costs be paid within thirty days.


text:
    In the Matter of the Application of The City of New York, Respondent, Relative to Acquiring Title to Real Property Required for the Widening of Fourth Avenue in the Borough of Manhattan. Parlex Holding Corporation, Appellant.
    (Submitted May 11, 1931;
    decided May 19, 1931.)
    (See 255 N. Y. 25.)
   Motion granted and remittitur amended so that it appear in and by the order of affirmance that the claimant-appellant, Parlex Holding Company, in the brief and argument presented to the Court of Appeals upon the appeal herein, urged that under the Federal Constitution the power of eminent domain and that of taxation must be kept distinct; that the power of eminent domain is to be exercised subject to the constitutional right of the owner to be paid the value of the property taken from him; that no rule of damages may be authorized by which the award to the claimant for the portion of his land actually taken can be cut down; that it is a fundamental principle of constitutional law that taxation shall be uniform upon the class of persons or property selected by the Legislature; and that the order appealed from and the supplemental and amended final decree of the Supreme Court, New York county, affirmed by said order were made in disregard of the said principles and were, therefore, violative of the appellant’s rights guaranteed by the 14th Amendment of the Constitution of the United States; that the Federal questions so raised were considered by this court, and were by it decided adversely to the appellant.


text:
    The People of the State of New York, Respondent, v. George Hope, Appellant.
    (Submitted May 18, 1931;
    decided May 19, 1931.)

      Thomas C. T. Crain, District Attorney (Felix C. Benvenga of counsel), for motion.

      Michael I. Winter opposed.
   Motion denied.


text:
    American Beverages Conservation, Inc., Respondent, v. Al Heller et al., Appellants, and Mary C. Bennett, Respondent.
    (Argued May 11, 1931;
    decided May 22, 1931.)

      Nathan Siegel, Jr., and Norbert Ruttenberg for appellants.

      Harry C. Kayser for appellant-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 Accounting of May H. Ritchey et al., as Executors of Daniel P. Ritchey, Deceased, Respondents. Annie Herbst et al., as Executors of Joseph Herbst, Deceased, Appellants.
    (Argued May 11, 1931;
    decided May 22, 1931.)

      Henry C. Burnstine and Albert Hirst for appellants.

      Bennett E. Siegelstein 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 Transfer Tax upon the Estate of Flora M. Barstow, Deceased. State Tax Commission, Appellant; Frances B. Barstow et al., as Executrices and Trustees, Respondents.
    (Argued May 11, 1931;
    decided May 22, 1931.)

      Seth T. Cole and Harry M. Peyser for appellant.

      Russell L. Bradford and Walter E. Cooper for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Maude Wise, against New York, Ontario and Western Railway Company, Respondent. The State Industrial Board, Appellant.
    (Argued May 12, 1931;
    decided May 22, 1931.)

      John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin and E. C. Aiken of counsel), for appellant.

      George F. Roesch, Elbert N. Oakes and C. L. Andrus for respondent.
   Order affirmed, with costs against the State Industrial Board; no opinion.

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


text:
    In the Matter of the Claim of Morris Cohen against Michael J. Rosalsky, Respondent. The State Industrial Board, Appellant.
    (Submitted May 12, 1931;
    decided May 22, 1931.)

      John J. Bennett, Jr., Attorney-General {E. C. Aiken and Joseph A. McLaughlin of counsel), for appellant.

      Isidore Miller and Emil Katzlca for respondent.
   Order affirmed, with costs against the State Industrial Board; no opinion.

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


text:
    In the Matter of the Claim of Michael Diester, Respondent, v. The Wolpert Realty Co., Inc., et al., Appellants.
    (Argued May 12, 1931;
    decided May 22, 1931.)

      Frank L. Ward for appellants.

      John J. Bennett, Jr., Attorney-General {Boy Wiedersum and E. C. Aiken of counsel), for respondent.
   Order reversed and claim dismissed, with costs in all courts against the State Industrial Board on the ground claimant was an independent contractor; no opinion.

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


text:
    The Brooklyn Children’s Aid Society, Appellant, v. Industrial Board of the Department of Labor of the State of New York et al., Respondents.
    (Argued May 12, 1931;
    decided May 22, 1931.)

      Elliott W. Smith and Howard 0. Wood for appellant.

      John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin of counsel), for respondents.
   Judgment affirmed, without 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. Ben Herman, Appellant.
    (Argued May 12, 1931;
    decided May 22, 1931.)

      Benjamin C. Ribman, Edward G. Griffin and Carl Sherman for appellant.

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

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


text:
    Manufacturers Trust Company, Appellant, v. Peoples Trust Company, Respondent.
    (Argued May 12, 1931;
    decided May 22, 1931.)

      Leonard G. Bisco and Louis S. Posner for appellant.

      Cyrus S. Jullien and Joseph B. Cavallaro for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Cora Ward, Respondent, v. Royal Lee, Appellant. James A. Ward, Respondent, v. Royal Lee. Appellant. Dudley Ward, an Infant, by James A. Ward, His Guardian ad Litem, Respondent, v. Royal Lee, Appellant.
    (Argued May 12, 1931;
    decided May 22, 1931.)

      Eric P. Smith for appellant.

      Charles S. Wilcox for respondents.
   Orders affirmed, with costs; question certified answered in the negative; no opinion.

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


text:
    Lew Mauser, Respondent, v. Friesco Realty Corporation, Appellant.
    (Submitted May 18, 1931;
    decided May 22, 1931.)

      Edward A. Sargoy for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


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 First Russian Insurance Company, Established in 1827, Appellant. G. Frank Daugherty et al., Appellants.
    (Submitted May 18, 1931;
    decided May 22, 1931.)
    (See 255 N. Y. 415.)
   Motion denied. The intention of the court was to permit the liquidation by the Superintendent of Insurance of claims of creditors filed with him before the lifting of the injunction and the settlement and entry of the judgment in accordance with the remittitur.


text:
    In the Matter of Toch Realty Company et al., Respondents. James A. Higgins, as Commissioner of Accounts of the City of New York, Appellant.
    (Argued May 11, 1931;
    decided June 2, 1931.)

      Arthur J. W. Hilly, Corporation Counsel (.Leonard M. Wallstein, William E. C. Mayer, J. Joseph Lilly and Ralph M. Frink of counsel), for appellant.

      Ferdinand I. Haber, Edward W. Murphy and Francis P. O’Connor for respondents.
   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 opinion in Matter of Edge Ho Holding Corp. (256 N. Y. 374); 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. Walter C. Johnson, Respondent.
    (Argued May 13, 1931;
    decided June 2, 1931.)

      Fred. Linus Carroll and Bernard W. Kearney for appellant.

      Harry F. Dunkel for respondent.
   Order affirmed; no opinion.

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


text:
    Greater New York Development Company, Appellant, v. Ka-Ro Building Corporation et al., Defendants, and Seaberg Elevator Co., Inc., Respondent.
    (Argued May 13, 1931;
    decided June 2, 1931.)

      Leonard Acker, J. George Silberstein and Isaac Roth for appellant.

      William Walzer, Raymond Gitlin and Irving Gyruli 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. Andrew F. Metelski, Appellant.
    (Argued May 14, 1931;
    decided June 2, 1931.)

      W. Bartlett Sumner and Frank B. Freedman for appellant.

      Guy B. Moore, District Attorney, for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    Donald Jacob, an Infant, by Theodore Jacob, His Guardian ad Litem, Appellant, v. City of New York, Respondent, Impleaded with Another.
    (Submitted May 14, 1931;
    decided June 2, 1931.)

      Charles Glatzer, David M. Fink and Jacquin Frank for appellant.

      Arthur J. W. Hilly, Corporation Counsel (J. Joseph Lilly, Henry J. Shields and Charles C. Marrin of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Anna Elliott et al., Respondents, v. Isidore Cohen et al., Appellants.
    (Argued May 14, 1931;
    decided June 2, 1931.)

      Francis J. Hughes for appellants.

      L. Barton Case for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Herbert Johnson, Appellant.
    (Argued May 15, 1931;
    decided June 2, 1931.)

      Francis L. Smith for appellant.

      Sharon J. Mauhs, District Attorney, 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, Appellant, v. Meyer Edelstein, Respondent.
    (Argued May 15, 1931;
    decided June 2, 1931.)

      Thomas C. T. Crain, District Attorney (John C. McDermott of counsel), for appellant.

      Herman L. Mehr and Joseph L. Mehr for respondent.
   Judgment affirmed; no opinion.

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


text:
    City of Albany, Respondent, v. Aaron Newhof et al., Doing Business under the Firm Name of L. Newhof & Son, Appellants.
    (Argued May 15, 1931;
    decided June 2, 1931.)

      William E. Woollard for appellant.

      George A. Reilly, Corporation Counsel (Anthony De Stef ono of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Louis A. Siegel, Respondent, v. Augustus S. Houghton, Appellant.
    (Submitted May 15, 1931;
    decided June 2, 1931.)

      John E. Joyce for appellant.

      Henry C. Burnstine and David Weinstein for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Maryland Casualty Company, Appellant, v. Schaefer Construction Company, Defendant, and Ætna Casualty and Surety Company et al., Respondents.
    (Submitted May 15, 1931;
    decided June 2, 1931.)

      Thomas J. Meehan, Jr., for appellant.

      Charles S. Rosenschein, Robert Moers and William M. Kurtz for respondent.
   Judgment affirmed, with costs; no opinion.

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


author: Per Curiam.

text:
    Pat Marr, Appellant, v. Joseph P. Tumulty et al., as Receivers of the Southern States Oil Corporation, Middle States Oil Corporation and Gulf States Oil and Refining Corporation et al., Respondents, Impleaded with Others.
    (Submitted May 18, 1931;
    decided June 2, 1931.)
    (See 256 N. Y. 15.)
   Per Curiam.

Nothing in the moving papers gives ground for a reargument.

Finding 249 is a mere summary of Exhibit FFF, which is incorporated by reference. Examining the exhibit, We find that the 250,000 shares of stock of the Gulf Operating Company were not received by the Island committee directly from the company that issued them, but were ten per cent of about 2,500,000 shares of stock issued to the Southern and Middle corporations, and by these corporations transferred to the committee in return for shares of the refining company. The transfer was not overlooked in the opinion of the court. It was summarized and explained lest it be thought to have been forgotten ” (256 N. Y. 15, 25).

Finding 250 does not mean that the Island committee was a purchaser for value of the Marr shares, or even of shares of the Gulf Operating Company, but merely that it was a purchaser for value of the bonds and shares of the refining company. Nothing to the contrary is suggested in the opinion.

A motion is made, in the event of a denial of a reargument, that the remittitur be amended. An amendment will be allowed to the effect that the plaintiff shall have sixty days from the date of the entry of the judgment to be entered on the remittitur within which to tender the required payments of money and stock as a condition of the rescission, with permission, however, to the Supreme Court to extend the time limit so fixed if an extension appears to be necessary to advance the ends of justice, and in default of such tender within sixty days or within an extension of the term, the plaintiff shall lose his right to make such rescission, and shall be forever barred and foreclosed from •making it.

The directions of the judgment as to the acts required of the receivers are, we think, sufficiently precise to make confusion as to their duties a remote contingency. If such confusion should develop, the defendants will be permitted to renew this application.

The motion for a reargument is denied.

The motion for the amendment of the remittitur is granted, the return of the remittitur is requested, and when returned it will be amended in accordance with this opinion.

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


text:
    The People of the State of New York, Respondent, v. James Daley, Appellant.
    (Argued May 18, 1931;
    decided June 9, 1931.)

      Julian V. Carabba and Leonard F. Fish for appellant.

      William F. X. Geoghan, District Attorney (George F. Palmer, Jr., of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Esther T. Crater, Respondent, v. Camet Construction Corporation et al., Appellants, Impleaded with Another.
    (Argued May 18, 1931;
    decided June 9, 1931.)

      Clarence G. Bachrach, Herman S. Backrach and Samuel S. Bisgyer for appellants.

      Conrad Saxe Keyes for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Alice Samuel et al., as Executors of Edmund W. Samuel, Deceased, Respondents, v. Edgar R. Bastress et al., as Executors of John E. Bastress, Deceased, et al., Appellants.
    (Argued May 18, 1931;
    decided June 9, 1931.)

      George L. Shearer, M’Cready Sykes and Sidney A. Clarkson for appellants.

      Braaford Butler for respondents.
   Appeal dismissed, with costs; no opinion.

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


text:
    Anna M. Carney, Appellant, v. Richell Realty Corporation, Respondent.
    (Argued May 18, 1931;
    decided June 9, 1931.)

      Joseph Danziger for appellant.

      Eugene Untermyer, Charles S. Quggenheimer and Abraham Shamos for respondent.
   Judgment modified by striking therefrom the findings of fact and conclusions of law on the ground that their incorporation in the judgment is improper, and as modified affirmed, with costs to the respondent; no opinion.

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


text:
    Joseph Mack, Appellant, v. Brooklyn City Railroad Company, Respondent.
    (Argued May 18, 1931;
    decided June 9, 1931.)

      Alfred J. Hofmann and Jacob Granat for appellant.

      Harold L. Warner and George D. Yeomans for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Henry C. Peck et al., Appellants. The Town Board of the Town of Brighton et al., Respondents.
    (Argued May 18, 1931;
    decided June 9, 1931.)

      William F. Lynn for appellants.

      Frank H. Parker for Town Board of Town of Brighton, respondent.

      Edward M. Ogden for Town Zoning and Building Commission of Town of Brighton, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    George T. Brokaw, Appellant and Respondent, v. Elvira J. Fairchild et al., Defendants. Margot McN. Fairchild et al., Appellants and Respondents, and Howard C. Brokaw et al., Respondents and Appellants.
    (Argued May 19, 1931;
    decided June 9, 1931.)

      Henry J. Ahlheim, Ambrose G. Todd, and Alexander S. Rowland for plaintiff, appellant and respondent.

      John J. Curtin and Wesley S. Sawyer for Margot McN. Fairchild et al., appellants and respondents.

      Joseph N. Tuttle for Ann C. Brokaw, appellant and respondent.

      Yorke Allen for Howard C. Brokaw et al., respondents and appellants.

      George S. Mittendorf for Farmers’ Loan and Trust Company, individually and as trustee, respondent and appellant.
   Judgment affirmed, without costs; no opinion.

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


text:
    Amtorg Trading Corporation, Respondent, v. New York Indemnity Company, Appellant.
    (Argued May 19, 1931;
    decided June 9, 1931.)

      Sidney J. Loeb and Leon M. Prince for appellant.

      Graham Sumner and Otto T. Hess for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The Farmers’ Loan and Trust Company, as Trustee under the Will of Mary J. Odell, Deceased, Appellant, v. Louise Meyer et al., as Executors of Annie Meyer, Deceased, et al., Respondents.
    (Argued May 19, 1931;
    decided June 9, 1931.)

      Edward H. Blanc, C. Alexander Capron and Ramsey Clayton for appellant.

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

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


text:
    Nellie Benzinger, as Administratrix of the Estate of Joseph Benzinger, Deceased, Respondent, v. Nestor Development Holdings, Inc., Appellant.
    (Argued May 20, 1931;
    decided June 9, 1931.)

      Meyer Grouf, Harold J. Manheim and Samuel B. Wachtell for appellant.

      Chester T. Krouse for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Raymond Bennett, Respondent, v. Lehigh Valley Railroad Company, Defendant, and Delaware and Hudson Company, Appellant.
    (Argued May 20, 1931;
    decided June 9, 1931.)

      Frank C. Welles, Carl E. Whitney and H. T. Newcomb for appellant.

      Moses Feltenstein and Samuel Flatow for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Dorian Holding and Trading Corporation, Appellant, v. Brunswick Terminal and Railway Securities Company, Respondent.
    (Argued May 20, 1931;
    decided June 9, 1931.)

      Alexander T. Hussey, M. J. O’Callaghan and Clarence F. Hussey for appellant.

      Samuel C. Steinhardt and Walter S. Newhouse for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Louis Sigety, Respondent, v. Garment Center Capitol, Inc., Appellant.
    (Argued May 20, 1931;
    decided June 9, 1931.)

      Benjamin C. Loder for appellant.

      Harold W. Hayman and William A. Hyman 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 of defendant’s negligence; no opinion.

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


text:
    In the Matter of Zoe K. Ames et al., Appellants and Respondents, v. Godchaux Sugars, Inc., Respondent and Appellant. (67 other applications.)
    (Argued May 20, 1931;
    decided June 9, 1931.)

      Arthur B. Brenner and Alexander B. Siegel for petitioners, appellants and respondents.

      Manfred ,W. Ehrieh and Benjamin M. Robinson for Godchaux Sugars, Inc., respondent and appellant.
   Order affirmed, without costs; no opinion.

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


text:
    Lifshitz Bros., Inc., Respondent, v. American Stove Company, Appellant.
    (Argued May 21, 1931;
    decided June 9, 1931.)

      M. M. Wardell for appellant.

      Max Epstein and David Epstein for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Warren J. Lockwood, Appellant, v. Hermann A. Veit, Respondent.
    (Argued May 21, 1931;
    decided June 9, 1931.)

      Irving D. Lipkowitz and Charles Saleson for appellant.

      Edward H. Wilson for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Mina Hoag, Appellant, v. Henry Landau, Respondent.
    (Argued May 21, 1931;
    decided June 9, 1931.)

      John J. Scully for appellant.

      Werner H. Pigors and Nathan M. Medwin for respondent.
   Appeal dismissed, with costs; no opinion.

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


text:
    News Syndicate Company, Inc., Respondent, v. Gatti Paper Stock Corporation, Appellant.
    (Submitted June 1, 1931;
    decided June 9, 1931.)
   Motion for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 211.)


text:
    Sol Greenfarb, Appellant, v. R. S. K. Realty Corporation, Respondent.
    (Submitted June 1, 1931;
    decided June 9, 1931.)
   Motion for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 130.)


text:
    Juanita C. Hansen, Respondent, v. United Stores Realty Corporation et al., Defendants, and Theatre Zone Realty Company, Inc., et al., Appellants.
    (Argued June 1, 1931;
    decided June 9, 1931.)

      A. K. Wing for motion.

      Edward P. Mowton opposed.
   Motion denied, with ten dollars costs.


text:
    Emanuel Alexiades, Appellant, v. Harry H. Fisher, Defendant, and Abraham B. Scheumann, Respondent.
    (Submitted June 1, 1931,
    decided June 9, 1931.)

      Louis Rosenberg for motion.

      Gustave B. Garfield opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless within ten days appellant files undertaking and return and pays ten dollars costs, in which event the motion is denied.


text:
    In the Matter of the Application of The People of the State of New York, by James A. Beha, as Superintendent of Insurance, Appellant and Respondent, for an Order to Take Possession of the Property of the Second Russian Insurance Company, Appellant and Respondent. Howard Sutherland, as Alien Property Custodian of the United States, Respondent and Appellant.
    (Submitted June 1, 1931;
    decided June 9, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 177.)


text:
    In the Matter of the Accounting of Martin E. Corbett, as Executor and Trustee under the Will of Edward H. Clift, Deceased, et al., Respondents. Edward R. Clift, Appellant.
    (Argued June 1, 1931;
    decided June 9, 1931.)

      Osmond K. Fraenkel for motion.

      Thomas K. Egan, Jr., opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Charles C. James, Respondent, v. Alderton Dock Yards, Limited, Appellant.
    (Submitted June 1, 1931;
    decided June 9, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 298.)


text:
    Rellis Realty Corporation, Appellant, v. Alkahar Associates, Inc., et al., Defendants, and Gest Holding Co., Inc., et al., Respondents.
    (Argued June 1, 1931;
    decided June 16, 1931.)

      Irving I. Goldsmith and Norman L. Marks for appellant.

      Abraham B. Hertz and Murray J. Lefcourt for respondents.
   . 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. The Pennsylvania Railroad Company, Respondent, v. John P. Leo et al., Constituting the Board of Appeals of the City of New York, Appellants.
    (Argued June 1, 1931;
    decided June 16, 1931.)

      Arthur J. W. Hilly, Corporation Counsel (Henry J. Shields and J. Joseph Lilly of counsel), for appellants.

      John Vance Hewitt and F. W. H. Adams for respondent.
   Appeal dismissed, with costs, on the ground that by lapse of time the controversy has become academic; no opinion.

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


text:
    In the Matter of the Transfer Tax upon the Estate of Ellen H. Bolton, Deceased. Mandeville Mullally et al., as Executors of Ellen H. Bolton, Deceased, Appellants; State Tax Commission, Respondent.
    (Argued June 1, 1931;
    decided June 16, 1931.)

      Walter D. Fletcher for appellants.

      Harry M. Peyser and Percy D. Stoddart 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, Respondent, v. David Bernstein, Appellant.
    (Argued June 1, 1931;
    decided June 16, 1931.)

      Mortimer Schwager for appellant.

      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   Appeal dismissed; 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. William J. Roth, Appellant, v. James E. Kane, as Treasurer of the City of Rochester, et al., Respondents.
    (Argued June 1, 1931;
    decided June 16, 1931.)

      William A. Ader and John F. Kinney for appellant.

      Clarence M. Platt, Corporation Counsel (George B. Draper of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Samuel R. Corbitt, Appellant, v. Transportation Shares, Inc., et al., Respondents.
    (Submitted June 2, 1931;
    decided June 16, 1931.)

      Caruthers Ewing for appellant.

      Daniel Day Walton for respondents.
   Judgment reversed and motion denied, with costs in all courts on the authority of Bosley v. National Machine Co. (123 N. Y. 550); no opinion.

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


text:
    Herman Glaser, Respondent, v. Lena T. Huette, Appellant, Impleaded with Another.
    (Argued June 2, 1931;
    decided June 16, 1931.)

      Theodore H. Lord, James B. Henney and Paul D. Carrigg for appellant.

      John J. McGinty and Joseph C. Thomson for respondent.
   Order affirmed, with costs; question certified answered in the negative; no opinion.

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


text:
    Jacob Sticker, Appellant, v. Seril Realty Corporation, Respondent.
    (Argued June 2, 1931;
    decided June 16, 1931.)

      Jay Leo Rothschild, Bernard Breitbart and Louis Rivkin for appellant.

      Harold M. Phillips for respondent.
   Judgment .of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the authority of Altz v. Leiberson (233 N. Y. 16); no opinion.

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


text:
    Collette R. Greiner, Appellant, v. City of Syracuse, Respondent. F. Earle Greiner, Appellant, v. City of Syracuse, Respondent. Pasquale Cefalo, an Infant, by Laura C. Marizio, His Guardian ad Litem, Appellant, v. City of Syracuse, Respondent. Laura C. Marizio, Appellant, v. City of Syracuse, Respondent.
    (Argued June 2, 1931;
    decided June 16, 1931.)

      B. J. Shanahan for appellants.

      Frank P. Malpass, Corporation Counsel (James C. Tormey of counsel), for respondent.
   In each action 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:
    In the Matter of the Acquiring of Title by the County of Nassau, Respondent, to an Easement for Parkway Purposes in the Town of Hempstead. C. G. & K. Holding Corporation, Appellant.
    (Argued June 2, 1931;
    decided June 16, 1931.)

      William M. Winans and O. W. Winans for appellant.

      Robert W. Duvall and H. Stewart Me Knight for respondent.
   Appeal dismissed, with costs; no opinion.

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


text:
    Nicholas Pallas, Respondent, v. Reich Bros. Long Island Motor Freight, Inc., Appellant, Impleaded with Others.
    (Argued June 2, 1931;
    decided June 16, 1931.)

      Clarence S. Zipp and E. C. Sherwood for appellant.

      Abraham, M. Fisch for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    George A. Wingate, as Surrogate of Kings County, Respondent, v. Edward J. Flynn, as Secretary of State of the State of New York, Appellant. Algeron I. Nova, as County Judge of Kings County, Respondent, v. Edward J. Flynn, as Secretary of State of the State of New York, Appellant.
    (Submitted June 5, 1931;
    decided June 16, 1931.)

      John J. Bennett, Jr., Attorney-General (C. T. Dawes of counsel), for appellant.

      Edward G. Griffin and William D. Guthrie for respondents.
   Order in each proceeding affirmed, without costs; no opinion.

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


text:
    Ray F. Saltsman, as Administrator with the Will Annexed of Punderson West, Deceased, Respondent, v. Anna M. Greene et al., Respondents. The Baptist Missionary Convention of the State of New York, Appellant.
    (Submitted June 8, 1931;
    decided June 16, 1931.)
   Motion to amend remittitur denied. (See 256 N. Y. 636.)


text:
    Sam Shapiro, Individually, and as Administrator of the Estate of Mary Shapiro, Deceased, Respondent, v. Equitable Casualty and Surety Company, Appellant.
    (Submitted June 8, 1931;
    decided June 16, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 341.)


text:
    Jacob Thomann, Respondent, v. The City of Rochester, Appellant.
    (Submitted June 8, 1931;
    decided June 16, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 165.)


text:
    Walter G. Filer, Respondent, v. Creole Syndicate, Appellant.
    (Submitted June 8, 1931;
    decided June 16, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 346.)


text:
    Martha Wills, Respondent, v. Ira Maier, Appellant.
    (Submitted June 8, 1931;
    decided June 16, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 465.)


text:
    Bessie R. Blackburn, Appellant, v. Davis Baker, Respondent.
    (Submitted June 8, 1931;
    decided June 16, 1931.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 256 N. Y. 540.)


author: Cardozo, Ch. J.

text:
    Klasko Finance Corporation et al., Plaintiffs, v. Belleaire Hotel Corporation et al., Defendants, and Ten East Sixtieth Street Restaurant Corporation, Appellant. Abraham I. Spiro, as Receiver, Respondent.
    (Argued June 1, 1931;
    decided July 15, 1931.)

      Isaac N. Jacobson and I. Maurice Wormser for appellant.
    The order of the Special Term is a final order in a special proceeding. (People v. City Bank, 96 N. Y. 32; People v. American Loan & Trust Co., 150 N. Y. 117; N. Y. Security Co. v. Saratoga G. & El. L. Co., 156 N. Y. 645; Matter of Jensen Co., 128 N. Y. 550; Guaranty Trust Co. v. Philadelphia, R. & N. E. R. R. Co., 160 N. Y. 1.)

      Joseph I. Green for respondent.
    The appeal should be dismissed upon the ground that the court is without jurisdiction. (Civ. Prac. Act, § 588, subd. 1; Van Arsdale v. King, 155 N. Y. 325; Matter of Arcadu v. Levinson, 250 N. Y. 355; Guaranty Trust Co. v. Philadelphia, R. & N. E. R. R. Co., 160 N. Y. 1; N. Y. Security & Trust Co. v. Saratoga G. & El. L. Co., 156 N. Y. 645; People v. American Loan & Trust Co., 150 N. Y. 117; New Way Bldg. Corp. Co. v. Taft Bldg. Co., 129 Misc. Rep. 170; American Mortgage Co. v. Sire, 103 App. Div. 396; Matter of Phillips, 234 N. Y. 503; Southern Elec. Co. v. Beha, 269 U. S. 186; Cataract Journal Co. v. Fuller, 220 N. Y. 766; Kramer v. Buffalo U. Furnace Co., 196 N. Y. 532; Hammond v. National Life Assn., 168 N. Y. 262; French v. Seamans, 157 N. Y. 704; Matter of Small, 158 N. Y. 128; Empire City Savings Bank v. McGrew, 248 N. Y. 521; Liben v. Gore Building Corp., 253 N. Y. 650.)
   Cardozo, Ch. J.

In an action to foreclose a mortgage an order was made on December 1, 1930, for the appointment of a receiver of the rents and profits.

The building covered by the mortgage was a hotel in the city of New York. Part of the hotel was leased after the execution of the mortgage to the 10 East 60th Street Restaurant Corporation ” at what was in effect a nominal rental. Both the landlord and the tenant are parties to the action.

The receiver made demand upon the tenant for the payment of the value of the use and occupation. The demand being refused, he submitted a petition to the court that payment be directed at the rate of $2,500 a month, and that in default of such payment possession be surrendered. The petition was based upon two grounds: first, that the lease had been made in bad faith with a design to defeat the sequestration of the rents, and, second, that irrespective of a fraudulent design, it was subject to annulment at the instance of the receiver if the rental was inadequate. The Supreme Court at Special Term granted the petition, and the Appellate Division affirmed the order, one of the justices dissenting.

At the threshold we meet the question whether the order brought before us is an intermediate order in an action or a final order in a special proceeding. If final, it is subject to review in this court, for there was a dissent at the Appellate Division. If intermediate, it is not subject to review, for there was no allowance of the appeal by the Appellate Division, nor certification of a question.

We think the order is an intermediate one upon a motion in an action (People v. American Loan & Trust Co., 150 N. Y. 117; New York Security Co. v. Saratoga G. & E. L. Co., 156 N. Y. 645).

The tenant of the restaurant, the appellant in this court, is a party to the suit for the foreclosure of the mortgage. Being such a party, it is subject to the summary jurisdiction of the Supreme Court, the court appointing the receiver, in respect of any conduct frustrating the receivership (Parker v. Browning, 8 Paige, 388, 391). We do not need to inquire to what extent it would be subject to a like jurisdiction if it were a stranger to the suit. By the settled practice of the chancery, a stranger may intervene and will be heard pro interesse suo when his interests in the subject-matter of a receivership are affected to his prejudice by the acts of the receiver (1 Barbour’s Ch. Pr. 73; 1 and 2 Daniell’s Ch. Pr. [8th ed.] pp. 801, 1480, 1481; 19 Abb. N. C. 359, 372, 380, note; Foster v. Townshend, 2 Abb. N. C. 29, 36; affd., 68 N. Y. 203, 206, 208; People v. American Loan & Trust Co., supra). Precedents are not lacking for a jurisdiction as summary asserted in invitum (1 Barbour’s Ch. Pr., supra; 2 Daniell’s Ch. Pr., supra; cf. Foster v. Townshend, supra; Taubel-Scott- Kitzmiller Co. v. Fox, 264 U. S. 426). We do not pause to fix their limits or determine their authority. Certain it is, in any event, that as against a party to the suit, an adjudication as to the rights of the receiver and the duties of the party in respect of the property impounded may be made upon motion. If the occupant were in possession as a mere licensee, an order directing a surrender of possession in default of payment to the receiver of a reasonable rent would promptly be perceived to be an order in the action, and not an order in a special proceeding independent of the action. The case is not different where the muniment of title put forward by the occupant is proved to be nothing more than a simulacrum of a lease, a fraudulent device to forestall a sequestration (Foster v. Townshend, 2 Abb. N. C. at p. 36). The character of the order does not vary with the persuasiveness of the evidence given in support of it. It is still an order establishing the effect of a receivership against a party bound thereby who refuses due submission. What would be a motion in an action if determined in favor of the tenant is not turned into a special proceeding when determined, rightly or wrongly, in favor of the receiver.

Jurisdiction of the appeal failing, we are not at liberty to review the merits. Nothing that we have said is to be taken as indicating our assent to the contention of the receiver that there is proof of fraud adequate to invalidate the tenancy, or that, in the absence of fraud, the lease may be disregarded until terminated by a sale under a judgment of foreclosure (Metropolitan Life Ins. Co. v. Childs Co., 230 N. Y. 285, 289).

The appeal should be dismissed with costs.

Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Appeal dismissed.