text:
    In the Matter of Walter H. Church, Appellant, against Leander A. Bouyea, as Mayor of the City of Plattsburg, et al., Respondents.
    (Argued May 26, 1936;
    decided July 8, 1936.)

      Patrick J. Tierney for appellant.

      Harry P. Kehoe, Corporation Counsel, for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


source: Caselaw Access Project

license: Public Domain

text:
    Francis Zyderveld, Appellant, v. Realty Supply Corporation, Respondent.
    (Argued May 26, 1936;
    decided July 8, 1936.)

      Bernhardt M. Meisels and James M. Fawcett for appellant.

      Sidney A. Clarkson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Grane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    Helen Goldstein, as Trustee in Bankruptcy of Pincus Burger, Appellant, v. East Side Metal Spinning and Stamping Corporation et al., Respondents, Impleaded with Others.
    (Argued May 26, 1936;
    decided July 8, 1936.)

      Herman S. Bachrach and Clarence G. Bachrach for appellant.

      David Haar for respondents.
   Judgment affirmed, with costs; no opinion. (See 272 N. Y. 509.)

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Pinch, JJ.


text:
    Gertrude Beider, an Infant, by Sophie Beider, Her Guardian ad Litem, et al., Respondents, v. Union of American Hebrew Congregations, Appellant.
    (Argued May 27, 1936;
    decided July 8, 1936.)

      William E. Lyons and Barnett Cohen for appellant.

      Cecil B. Ruskay, Harry B. Epstein, Stephen A. Yeghiaian and Joseph A. Ruskay for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Crouch, Lqughran and Finch, JJ.; Lehman, J., taking no part.


text:
    Zack Morgan et al., Respondents, v. Benjamin Krasne, Appellant, Impleaded with Others.
    (Argued May 27, 1936;
    decided July 8, 1936.)

      James M, O’ Neill and William J. Ahearn for appellant.

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

Concur: Grane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Will of Martha M. Hall, Deceased. Henry J. S. Hall Appellant; James J. Morgan et al., as Executors of and Trustees under the Will of Martha M. Hall, Deceased, et al., Respondents.
    (Argued May 27, 1936;
    decided July 8, 1936.)

      Nathan L. Miller, Harold Otis, Harry Sammet and William FitzGibbon for appellant.

      John W. Davis, Otis T. Bradley, Harold M. Hoffman and Mitchell Salem Fisher for James J. Morgan et al., as executors and trustees, respondents.

      John J. Bennett, Jr., Attorney-General (Robert P. Beyer of counsel), for unknown beneficiaries of trust provision.
   Order affirmed, with costs to all parties appearing and filing briefs payable out of the estate. No opinion.

Concur: Lehman, O’Brien, Hubbs, Crouch, Lough-ran and Finch, JJ. Dissenting: Crane, Ch. J.


author: Crane, Ch. J.

text:
    Long Island Lighting Company, Appellant, v. Village of New Hyde Park et al., Respondents.
    (Argued May 27, 1936;
    decided July 8, 1936.)

      Stephen Callaghan, Ralph Stout, Philip Huntington and George E. Mulry for appellant.

      David Holman and Jacob J. Pincus for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Crouch, Loughran and Finch, JJ. Crane, Ch. J., dissents in the following opinion in which Hubbs, J., concurs:

Crane, Ch. J.

(dissenting). The Village Law (Cons. Laws, ch. 64), section 56, provides for the submission of a proposition to establish or require a lighting system. The proposition may be submitted at a village election. The petition for such a proposition must be presented twenty days prior to the annual election unless a special election is called therefor.

In 1933, to meet what is called a public emergency, chapter 782 of the laws of that year was passed to enable villages and other municipalities to get money aid from the Federal government. It recites the passing of the National Industrial Recovery Act making funds available for the construction of public works.” Section 3 reads:

“ * * * any municipality, by majority vote of its governing board, * * * are hereby authorized to accept from the federal emergency administration of public works direct grants of moneys paid in defraying the cost of the labor and materials employed upon any project undertaken under the provisions of the National Industrial Recovery Act. The funds received as such grants shall be expended on the project so undertaken in the same manner as other funds made available for such project whether as loans or otherwise.
“ § 4. * * * the governing board of any municipality, by majority vote, may authorize the proper officers * * * to enter into contracts with the federal emergency administration of public works * * * to obtain funds pursuant to the provisions of the National Industrial Recovery Act for public works projects * * *. It shall not be necessary for any such board or body to hold hearings on or publish notices of such projects or for such projects to be initiated by petition of taxpayers or owners of property nor shall such project be subject to referendum, mandatory or permissive * * *.
“ § 5. * * * any municipality, by majority vote of its governing board, * * * is hereby authorized to sell its bonds or other obligations to the federal emergency administrator * * *.
§ 6. All provisions of this act applicable to municipalities and public bodies may also be availed of by and shall be deemed to apply to the state itself in aid of any public works projects undertaken or to be' undertaken by any of its departments, boards, commissions or other state agencies. * *

Although the phraseology of this act is none too clear, its purpose is quite evident. The object in view was to permit municipalities and the State to borrow money from the Federal government to carry on authorized projects. There is nothing in this act which gives authority to any municipality to undertake any particular project. Whatever the municipality desires to undertake according to the power given it by other State legislation may be carried on with governmental aid, but this act does not furnish the authority for the doing of such work. We must look to other laws which give to a village or a county the right to construct water works, electric light plants, railroads, highways and the like. These emergency acts do not create municipal powers other than the right to borrow Federal money.

This act was amended by chapter 104 of the Laws of 1934. Section 3 authorizes municipalities to accept, to borrow money from the United States through the Federal Emergency Administrator of Public Works. Section 4 reads in part: “ * * * the governing board of any municipality, by majority vote, may * * * enter into contracts with the United States * * * to obtain funds pursuant to the provisions of the national industrial recovery act for public works projects under the supervision of said municipality or body, providing, however, * * * that, if such public works project is for the construction or operation of a public utility or facility for the supply of gas, electricity or water in competition with or substitution for a public utility or facility supplying gas, electricity or water in the same area, any action of the public body or governing board of a municipality in relation thereto, pursuant to the provisions of this section, shall be subject to a mandatory referendum, notwithstanding any other provisions of this act.”

Then follow these sentences, upon which the respondents here rely for authority to build electric light plants: “ It shall not be necessary for any such board or body to hold hearings on or publish notices of such projects or for such projects to be initiated by petition of taxpayers or owners of property nor shall such project be subject to vote at any election (other than a school district meeting) or to referendum, mandatory or permissive, except as above provided, and except that this provision shall not operate to dispense with a hearing under the general district law and the constitution on the sole question of whether a proposed improvement benefits all the property in a district liable to taxation for defraying all or part of its cost. If before or after the execution of any such contract the governing board shall determine to submit the authorization of the project, or the issuance of bonds or the levying of a tax, to vote at a school district meeting or at an election or to referendum, whether or not required by law, it may, notwithstanding the provisions of any other law, provide for such vote or referendum on notice published at least once in a newspaper circulating in the municipality, and posted in at least ten conspicuous places on any day at least seven days prior to such meeting or election; and no other notice shall be required. * * * ”

I cannot believe that the Legislature by any such blind language has passed on to villages and counties the authority to undertake any public enterprise, no matter what it may be, upon simply giving ten days’ notice by poster and one publication in a newspaper of a referendum. The “ project ” must mean the proposal to borrow public moneys from the United States government except that where this is done for the purpose of purchasing electric light plants or establishing them in competition with going concerns a referendum may be had as to whether the money of the United States government shall be taken and used for such a purpose. The Legislature could never have intended, in my judgment, by these confused sentences to pass on to municipalities full and complete authority to inaugurate any kind of public improvement, irrespective of the amount involved, without proper safeguards and sufficient notice to the taxpayers. Section 4-a reads as follows: Notwithstanding the provisions of any general, special or local law, requiring a project to be undertaken under such law, wholly or partly at the expense of property specially benefited thereby, such project may in the discretion of the governing board or public body, be undertaken as a public works project wholly at the expense of the municipality at large. Notwithstanding the provisions of any general, special or local law requiring that the cost of a stated project or kind of project be borne in whole or in part by assessments on property specially benefited, bonds in an amount to pay the entire estimated cost or part thereof of such a project may be issued in the first instance and prior to the completion of the project or prior to the levy of any such assessments.”

And section 6-a reads: “ Notwithstanding the provisions of any general, special or local law other than this act, public work projects or any contract referred to in section four of this act, or the issuance of bonds or other obligations pursuant to such contract, or any other acts or proceedings in connection therewith, may be authorized by resolution which may be finally adopted on the same day on which it is introduced by a majority of all the members of the governing board, and such resolution need not be published before becoming effective.”

The money thus borrowed from the United States is to be secured by the bonds of the municipality which have to be paid some time, or at least a proportional part thereof.

This general power given to a governing body of a municipality without authorization from or consent of the taxable property owners, who ultimately must have to pay for these so-called projects, surely has some limitation other than ten days’ posted notice and the vote of those who see it. This act, in my judgment, is a very estimable piece of legislation to enable municipalities to finance their public improvements by Federal aid, when those public improvements have been authorized according to the respective charters or municipal law.

Whatever may have been the meaning and intention of the Legislature it is quite clear that it never intended the act to authorize municipalities to construct public utilities. This chapter 104 of the Laws of 1934 became a law March 29, 1934. The Legislature certainly was cognizant of what it had done. We must assume that the members of the Legislature would not pass totally inconsistent measures. Thirty days after this act, the Legislature added a new article (14-A) to the ¡General Municipal Law (Cons. Laws, ch. 24), which became effective April 24, 1934 (Laws of 1934, ch. 281, § 1). Sections 360 to 366 relate specifically to the powers granted to municipal corporations to establish, own and operate certain public utility services. Subdivision 2 of section 360 thereof reads as follows:

2. Notwithstanding any general or special law, any municipal corporation may construct, lease, purchase, own, acquire, use and /or operate any public utility service within or without its territorial limits, for the purpose of furnishing to itself or for compensation to its inhabitants, any service similar to that furnished by any public utility company specified in article four of the public service law. For such purpose, any municipal corporation may pinchase gas or electrical energy from the state, or from any state agency, or other municipal corporation, or from any private or public corporation.”

Subdivisions 3 and 4 are as follows: supervisors in the case of a county, or by a resolution of the town board in the case of a town.

3. The proposed method of constructing, leasing, purchasing, acquiring, the plant and facilities for such service, together with both the maximum and the estimated costs thereof, the plan for financing such project, and the method of furnishing such service shall be fixed by a local law in the case of a city, or by a village ordinance in the case of a village, or by a resolution of the board of
4. Authority to enact such a local law for a city is hereby conferred upon the local legislative body of the city as defined in the city home rule law. Authority to enact such an ordinance for a village is hereby conferred upon the board of trustees of the village. Authority to adopt such a resolution for a county is hereby conferred upon the board of supervisors of the county. Authority to adopt such a resolution for a town is hereby conferred upon the town board of the town.”

Subdivision 5, in part, reads:

“5. Any such action by the local legislative body of a city, before taking effect, shall be submitted for the approval of the electors of the city at the next general election or at a special election called for such purpose, in the manner provided by, and in accordance with the provisions of the city home rule law relative to the submission of other local laws required thereby to be submitted in a mandatory referendum. Any such action by the board of supervisors of a county, before taking effect, shall be submitted for the approval of the electors of the county at the next general election in such county held not less than ninety days after the adoption thereof; or at a special election called in the same manner as far as practicable as provided in the election law with respect to special elections called by the governor. Any such action by the board of trustees of a village, before taking effect, shall be submitted for the approval of the electors of the village at the next general election in such village to be held not less than ninety days after the adoption thereof; or at a special election called in the same manner as provided in the village law for the submission of a proposition at a special village election. Such submission shall be in the manner provided by, and in accordance with the provisions of the village law for the submission of any other question by referendum on petition, except that the referendum on the proposition provided for in this section shall be mandatory. * * * ”

The other provisions need not be quoted, until we come to section 366, which contains this clause in closing: “ In so far as the provisions of this article are inconsistent with the provisions of any other act, general, special, or local, the provisions of this article shall be controlling.”

The incorporated village of New Hyde Park never complied with any of these provisions of the General Municipal Law, and has sought to establish an electric light plant under the vague provisions of the emergency law, above quoted. Its action for this purpose is illegal and ineffectual. Article 14-A, to which I have referred, is too complete, rational and detailed to be brushed aside as of no account. It is the last word of the Legislature and consistent with all its other legislation regarding the powers and duties of municipal corporations. The reasonable safeguards and checks which have always surrounded the expenditure of public moneys by governmental agencies are here contained and the taxpayer properly protected from wild extravagance. The Legislature has spoken and we must give effect to this carefully drawn provision regulating and controlling all municipal corporations in establishing electric light service.

Chapter 585 of the Laws of 1935, which later amended chapter 782 of the Laws of 1933, has reference merely to bond issues and in no way bears upon or affects these conclusions.

For the reasons here stated the judgment of the Appellate Division and that of the Trial Term dismissing the complaint should be reversed, and the motion, under rule 106 of the Civil Pract ce Act, for such dismissal, on the ground that the complaint fails to state facts sufficient to constitute a cause of action, should be denied, with costs in all courts.

Judgment affirmed.


text:
    In the Matter of the Claim of Michael Brown, Respondent, against Boon & Sullivan et al., Appellants. State Industrial Board, Respondent.
    (Submitted May 27, 1936;
    decided July 8, 1936.)

      William B. Davis and E. C. Sherwood for appellants.

      Cornelius J. Carey, Jr., for claimant-respondent.

      John J. Bennett, Jr., Attorney-General (Roy Wiedersum of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Crouch, Loughran and Finch, JJ,; O’Brien, J., taking no part.


text:
    In the Matter of the Claim of Clarence Williams, Respondent, against Duff Distributing Company, et al., Appellants. State Industrial Board, Respondent.
    (Submitted May 28, 1936;
    decided July 8, 1936.)

      Lawson R. Jones, Paul R. James and Frederick S. Benson for appellants.

      John J. Bennett, Jr., Attorney-General (Roy Wiedersum of counsel), for State Industrial Board, respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Mart A. Davis, as Executrix of Sarah F. Le Blanc, Deceased, Appellant, v. Title Guarantee and Trust Company, Respondent.
    (Argued May 28, 1936;
    decided July 8, 1936.)

      Edward H. Wilson for appellant.

      W. H. L. Edwards, Richard S. Holmes and W. Crosby Roper, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. William S. Brewer, Appellant.
    (Submitted May 28, 1936;
    decided July 8, 1936.)

      William S. Brewer, in person, for appellant.

      William Copeland Dodge, District Attorney (Edwin J. Talley of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Httbbs, Crouch, Loughran and Finch, JJ.


text:
    John W. Remer, as Trustee in Bankruptcy of Corner Broadway-Maiden Lane, Inc., Appellant, v. 170 Broadway Holding Corporation et al., Defendants, and City Bank Farmers Trust Company et al., Respondents.
    (Argued May 28, 1936;
    decided July 8, 1936.)

      Howard C. Kelly for appellant.

      Edwin W. Cooney and Elmer J. Hoare for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Laura S. L. Newhall, Respondent, v. Margaret McCann et al., Individually and as Executors of and Trustees under the Will of James McCann, Deceased, Appellants.
    (Argued May 28, 1936;
    decided July 8, 1936.)

      Daniel Mungall and Charles H. Lane for appellants.

      Harry J. Laragh for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: O’Brien, Crouch, Loughran and Finch, JJ. Dissenting: Crane, Ch. J., Lehman and Hubbs, JJ.


text:
    Leo Guardino, as Administrator of the Estate of Lorenzo Guardino, Deceased, Respondent, v. Terminal Cab Corporation et al., Appellants.
    (Submitted May 28, 1936;
    decided July 8, 1936.)

      Moses Katcher for appellants.

      F. R. Serri for respondent.
   Judgment of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division. We find no evidence of negligence. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    City Bank Farmers Trust Company, as Trustee, Appelant, v. The Equitable Life Assurance Society of the United States et al., Respondents.
    (Argued May 28, 1936;
    decided July 8, 1936.)

      George S. Mittendorf and Arnold Furst for appellant.

      Peter C. Mann for the Equitable Life Assurance Society of the United States, respondent.

      Dean Potter for Metropolitan Life Insurance Company, respondent.

      Bayard H. Ames, Louis W. Dawson and Frederick L. Allen for The Mutual Life Insurance Company of New York, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Tekla Tuzinska, Respondent, v. The Ocean Accident and Guarantee Corporation, Limited, Appellant, Impleaded with Another.
    (Argued May 29, 1936;
    decided July 8, 1936.)

      Frank G. Raichle and Carlos C. Alden for appellant.

      Robert L. Rice, Jr., Sigismund M. Lopacki and George M. Donohue for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Croech, Loeghran and Finch, JJ.


text:
    4 East 72nd Street Corporation, Respondent, v. Cathleen V. Lowman, Appellant.
    (Argued May 29, 1936;
    decided July 8, 1936.)

      Horace R. Lamb and Thomas F. Fennell, II, for appellant.

      Isaac Oluckman and Stanley S. Casden for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    New York Foundation, Respondent, v. The People of the State of New York, Appellant.
    (Argued May 29, 1936;
    decided July 8, 1936.)

      John J. Bennett, Jr., Attorney-General (L. Hamilton Rainey of counsel), for appellant.

      Charles J. Nehrbas and Harry Rodwin for respondent.

      Morgan J. O’Brien and Charles S. Noyes for Justin C. O’Brien Realty Corporation, amicus curise.

   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    DuRoy & LeMaistre, Inc., Appellant, v. Frank Gillmore, as President of Actors’ Equity Association, Respondent.
    (Argued June 1, 1936;
    decided July 8, 1936.)

      Edwin J. Lukas for appellant.

      Charles H. Tuttle, Paul N. Turner, Ernest Brooks, Jr., and Rebecca Brownstein for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Crouch, Loughran and Finch, JJ. Dissenting: Hubbs, J.


text:
    Edward V. McGovern, Appellant, v. The City of New York, Respondent.
    (Argued June 1, 1936;
    decided July 8, 1936.)

      Isaac N. Jacobson for appellant.

      Paul Windels, Corporation Counsel (Alvin McKinley Sylvester, Paxton Blair and Nelson Rosenbaum of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, LoughraN and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. James Cini, Gerald Critelli, James Picorelli and Joseph Lodta, Appellants.
    (Argued June 1, 1936;
    decided July 8, 1936.)

      Samuel M. Fleischman for James Picorelli et al., appellants.

      Burt A. Duquette for Gerald Critelli, appellant.

      Raymond A. Knowles, District Attorney, for respondent.
   As to each defendant, judgment affirmed; no opinion.

Concur: Crane, Ch. J., Hubbs, Crouch, Loughran and Finch, JJ. Dissenting: Lehman and O’Brien, JJ.


text:
    Skenandoa Rayon Corporation, Respondent, v. Halifax Fire Insurance Company, Appellant.
    (Argued June 1, 1936;
    decided July 8, 1936.)

      William Otis Badger for appellant.

      Harry E. Wareham and Frank L. Ward for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


author: Finch, J.

text:
    Katherine Conrad, Appellant, v. Albert A. Schmitz et al., Respondents, Impleaded with Others.
    (Argued June 1, 1936;
    decided July 8, 1936.)

      John W. Ryan for appellant.

      Manly E. King for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Finch, J., dissents in the following opinion in which Crane, Ch. J., concurs:

Finch, J.

(dissenting) This case presents a most interesting question. It is submitted that the courts should seek to make the law adaptable to the needs of the community in so far as consistently they are able without unsettling principles of property or of conduct. In this case we do not unsettle any rule of property or conduct in holding that the defendant has profited illegally through interference with the rights of the plaintiff. On the contrary, we reaffirm what this court has said, namely, that: “ The great weight of authority in this country and in England is to the effect that if A has a legal contract with B, either for the rendition of service or any other purpose, and C, having knowledge of the existence thereof, intentionally and knowingly and without reasonable justification or excuse induces B to break the contract, by reason of which A sustains damage, an action will lie by A against C to recover the same.” (Campbell v. Gates, 236 N. Y. 457, 460.) The tenant acquired what he possessed from the plaintiff. This acquisition, however, was subject to a condition by way of agreement made with the plaintiff which qualified that which the tenant possessed, namely, the tenant agreed that he would not, through transfer of title, strip the farm of the feed necessary for the stock through the winter. The defendant milling company was a creditor but before it became a creditor, it had notice at all times of this qualified ownership of the tenant in the crops. When the milling company, with knowledge of this qualified ownership, permitted the tenant to give to it these crops in payment of its debt, thus depriving the cattle of their feed, it cannot be said that this defendant did not profit through interference with the agreement which the plaintiff had with the tenant concerning these crops. As the milling company had advanced its money without reliance upon the ownership of these crops, it could not have any claim as against the rights of this plaintiff in those crops. It is said that whether there is justification sufficient to warrant the courts in protecting the rights of the plaintiff rests upon the individual opinion of the judges as to what constitutes just cause, sufficient justification or legal justification.” (Cf. Anson on Law of Contract [Corbin, 5th Am. ed.], p. 351.) I am unwilling to say that a debtor may apply on his debt the crops in violation of the agreement which the owner had with the tenant to the knowledge of the debtor. It is said that the tort of interference with the performance of a contract (Hornstein v. Podwitz, 254 N. Y. 443; Campbell v. Gates, 236 N. Y. 457; Lamb v. Cheney & Son, 227 N. Y. 418) has never been extended to a contract relating to fungible goods. But why not? Is there not as much injustice caused by interference with the contract in the case at bar which stripped the farm of all feed for the stock for the winter as by a similar interference with an agreement to pay a real estate broker a commission for the sale of property? (Hornstein v. Podwitz, supra.)

It is said that the milling company might have reduced its claim to judgment and then had execution against these crops in violation of the rights of the plaintiff. This would not follow if so to do would be an unjustifiable interference by the milling company with the contractual rights of the plaintiff of which they had notice, for then the courts would restrain the milling company from using the execution in violation of the rights of the plaintiff. The illegality of the act of the milling company is not based upon malice, but the gist of the action is a violation of legal right committed knowingly as was pointed out by Lord Macnagthen in Quinn v. Leathern ([1901] A. C. 495). Unless the courts do sustain this right of the plaintiff then we make it impossible for the owner of a farm to lease it upon such terms as will protect the owner. If on the other hand we do permit the law to take cognizance and enforce the rights which the parties have created then we permit farm lands to be more widely used since legal sanctions are given so that the rights of the parties in the agreements made by them will be protected.

The damage to the plaintiff was the value of the winter feed of which the farm was stripped. Whatever measure is employed this item is at least recoverable. (Cf. Hewitt v. Ontario Copper Lightning Rod Co., 44 U. C. Rep. 287; Anderson v. Moskowitz, 260 Mass. 523.) Then the owner of the farm had no other recourse than to cancel the lease. There was no certainty that fresh feed purchased by the plaintiff for the cattle and intrusted to the tenant would not have followed the same course as the feed which he had expressly agreed with the plaintiff not to sell.

For these reasons I think that the court at Special Term was right and that the judgment of the Appellate Division should be reversed and the judgment of the Supreme Court in favor of the plaintiff affirmed.

Judgment affirmed.


text:
    Maxwell E. Lopin, as Receiver of Anton Miller, Appellant, v. Hewes Holding Corporation, Defendant, and Hermine Frank, Respondent.
    (Submitted June 1, 1936;
    decided July 8, 1936.)

      Joseph Lotterman and Milton M. Father for appellant.

      Henry M. Flotean and Gustav Nadel for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Scientific Specialties Co., Inc. United States of America, Appellant; American Bonding Company of Baltimore et al., Respondents.
    (Argued June 1, 1936;
    decided July 8, 1936.)

      Lamar Hardy, United States Attorney (David W. Wain-house and George B. Schoonmaker of counsel), for appellant.

      R. Elliott Davis and Thomas E. White for American Bonding Company of Baltimore, respondent.

      William E. Robinson and William S. Armstrong for Fidelity and Deposit Company of Maryland, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Elinore I. Johnson, Respondent, v. Francis D. Winslow et al., Individually and as Copartners under the Firm Name of Munds, Winslow and Potter, Appellants.
    (Argued June 2, 1936;
    decided July 8, 1936.)

      Joseph M. Proskauer, Arthur Garfield Hays, William Abramson and Eugene Eisenmann for appellants.

      G. Frank Reaves and Martin D. Jacobs for respondent.
   Judgment affirmed, with costs; no opinion. (See 272 N. Y. 512.)

Concur: O’Brien, Hubbs, Crouch, Loughran and Finch, JJ. Dissenting and voting for modification in regard to damages: Crane, Ch. J., and Lehman, J.


text:
    Gertrude B. Silverman, Appellant, v. Sterling National Bank and Trust Company of New York, Respondent.
    (Argued June 2, 1936;
    decided July 8, 1936.)

      M. Claiborne Mebel and Bertram L. Kraus for appellant.

      Leslie Kirsch, Joseph Glass and Sydney W. Cable for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Manufacturers Trust Company, Respondent, v. Moses H. Grossman, Appellant.
    (Argued June 2, 1936;
    decided July 8, 1936.)

      Jay Leo Rothschild for appellant.

      Leonard G. Bisco and William J. Granger for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Crouch, Lough-ran and Finch, JJ.; Crane, Ch. J., taking no part.


text:
    The People of the State of New York, Respondent, v. Charles Rogas, Appellant.
    (Argued June 3, 1936;
    decided July 8, 1936.)

      Harry Elegant and Ella Bernard for appellant.

      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. “ John Doe ” et al., Defendants; Leo P. Byk, Appellant.
    (Argued June 3, 1936;
    decided July 8, 1936.)

      Norman Laidhold, and William Weisman for appellant.

      Hiram C. Todd, Special Assistant Attorney-General (Franklin S. Pollak, Special Assistant Attorney-General, and Edward C. Jaegerman of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    Arthur Bayer, Appellant, v. Pinkerton’s National Detective Agency, Inc., Respondent, Impleaded with Another.
    (Argued June 3, 1936;
    decided July 8, 1936.)

      Joseph Rosenberg for appellant.

      Joseph S. Johnston for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Walter J. Fahy et al., Copartners under the Firm Name of Walter J. Fahy & Company, Respondents, v. Irving Trust Company, Appellant.
    (Argued June 3, 1936;
    decided July 8, 1936.)

      William A, Onderdonk, Grant W. Van Saun and Paul E. Mead for appellant.

      Harold W. Bissell and Theodore Kiendl for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch, J„ Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Charles W. Smith, Respondent, v. Harry Salop, Appellant.
    (Argued June 3, 1936;
    decided July 8, 1936.)

      Daniel Mungall for appellant.

      Emanuel Richard Jacoby for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Trust Company of North America, Appellant, v. A. Hammer Cooperage Corporation, Respondent.
    (Argued June 3, 1936;
    decided July 8, 1936.)

      Harold Wisan, Charles Goldman and Harold Dublirer for appellant.

      I. Maurice Wormser and George G. Lake for respondent.
   Judgment affirmed, with costs; no opinion. (See 272 N, Y. 513.)

Concur: Crane, Ch. J., O’Brien, Hubrs, Crouch, Loughran and Finch, JJ. Dissenting: Lehman, J.


text:
    Gertrude M. Kossoff, Respondent, v. Morris Wald et al., Appellants.
    (Argued June 4, 1936;
    decided July 8, 1936.)

      Thomas L. Walsh and Irving S. Finkston for appellants.

      Jacob M. Zinaman for respondent.
   Judgment of Appellate Division reversed and that of Special Term affirmed,, with costs in this court and in the Appellate Division. The findings of the Special Term are not against the weight of evidence. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ.; Finch, J., taking no part.


text:
    Rose Kolacki, Appellant, v. The State of New York, Respondent.
    (Claim No. 18711.)
    (Argued June 4, 1936;
    decided July 8, 1936.)

      Milton J. Whedon for appellant.

      John J. Bennett, Jr., Attorney-General (Leon M. Layden and Burns F. Barford of counsel], for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Hilliard Judis, Appellant, v. V. B. Holding Corporation, Respondent, Impleaded with Others.
    (Argued June 4, 1936;
    decided July 8, 1936.)

      David Sleckler and Israel Hoffman for appellant.

      Alexander Pfeiffer and Morris G. Duchin for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Niewenhous Company, Inc., Appellant, v. The State of New York, Respondent.
    (Claim No. 21911.)
    (Argued June 4, 1936;
    decided July 8, 1936.)

      Horace B. Casey for appellant.

      John J. Bennett, Jr., Attorney-General (Leon M. Layden and Henry Epstein of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Crouch, Loughran and Finch, JJ. Dissenting: Crane, Ch. J., and Hubbs, J.


text:
    Anne Sweeney, as Administratrix of the Estate of Dennis W. Sweeney, Deceased, Appellant, v. Thompson Starrett Co., Defendant, and James J. Conroy & Son, Inc., Respondent.
    (Argued June 4, 1936;
    decided July 8, 1936.)

      Joseph F. Hanley and Joseph T. Higgins for appellant.

      Walter G. Evans and John P. Smith for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Palmer Advertising Service, Inc., Respondent, v. Grinnell Company, Inc., et al., Defendants, and Village of Tarrytown, Appellant.
    (Argued June 5, 1936;
    decided July 8, 1936.)

      John J. Dillon and Herbert V. A. Hall for appellant.

      Manfred W. Ehrich for respondent.
   Judgment affirmed, with costs; no opinion.

...Concur: Crane, Ch. J., Lehman, O’Brien,. Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Marion W. McCarter et al., Respondents, v. Charles D. Beckwith et al., Appellants.
    (Submitted June 5, 1936;
    decided July 8, 1936.)

      Albert Ritchie and Frederick H. Seacord, Jr., for appellants.

      John J. Dillon for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Lotjghran and Finch, JJ.


text:
    Helen Virano, Appellant, v. Robert Rodtz, Respondent, Impleaded with Another.
    (Submitted June 5, 1936;
    decided July 8, 1936.)

      Nicholas Reigi and Emil J. Reigi for appellant.

      William A. Smith for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Aubrey McCaffrey, Respondent, against Arthur E. Howland, as Chief Engineer and General Manager, Long Island State Park Commission, Appellant.
    (Submitted June 5, 1936;
    decided July 8, 1936.)

      John J. Bennett, Jr., Attorney-General (Patrick H. Clune of counsel), for appellant.

      James F. Ryan for respondent.

      Albert De Roode, amicus curise.

   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The Seitz Estates, Inc., Respondent, v. Medico Brothers, Inc., Appellant.
    (Submitted June 5, 1936;
    decided July 8, 1936.)

      Oscar L. Spears for appellant.

      Robert L. Redfield, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. Casper Holstein, Appellant.
    (Submitted June 5, 1936;
    decided July 8, 1936.)

      Samuel Segal for appellant.

      William Copeland Dodge, District Attorney (Ambrose J. Delehanty of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    International Mutoscope Reel Co., Inc., et al., Appellants, v. Lewis J. Valentine, Individually and as Police Commissioner of the City of New York, Respondent.
    (Submitted June 5, 1936;
    decided July 8, 1936.)
   Motion to amend remittitur denied. (See 271 N. Y. 622.)


text:
    In the Matter of the Mortgage Commission of the State of New York, Respondent, Relative to Mortgage on 1175 Evergreen Avenue in the City of New York. William Lauro et al., Appellants.
    (Submitted July 8, 1936;
    decided July 8, 1936.)
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: “A question under the Federal Constitution was presented and necessarily passed upon by this court. It was contended that chapter 19 of the Laws of 1935 of the State of New York is repugnant to article I, section 10, of the Constitution of the United States and the Fourteenth Amendment thereto. This court held such law not repugnant to any provision of the Constitution of the United States.” (See 270 N. Y. 436.)


text:
    In the Matter of Elizabeth A. Dempsey, Appellant, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City, of New York, Respondents.
    (Submitted July 8, 1936;
    decided September 29, 1936.)

      Paul Windels, Corporation Counsel (Paxton Blair of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant serves and files undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.


text:
    Chatham Plan, Incorporated, Appellant, v. Clinton Trust Company, Respondent.
    (Submitted July 8, Í936;
    decided September 29, 1936.)

      Robert Garlock for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless return is filed and undertaking is filed and served and appellant pays ten dollars costs within ten days, in which event the motion is denied.


text:
    Spencer Whedon, as Administrator with the Will Annexed of Letitia S. Whedon, Deceased, Respondent, v. LeGrand S. Whedon, Appellant.
    (Argued September 28, 1936;
    decided September 29, 1936.)

      Jules C. Randal for motion.

      Clarence R. Runals opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of John M. Kelly, Appellant, against William F. Morgan, Jr., as Commissioner of Public Markets of the City of New York, Respondent.
    (Submitted September 28, 1936;
    decided September 29, 1936.)
   Motion to vacate order dismissing appeal and for leave to file and serve undertaking granted on condition undertaking is filed and served and appellant pays ten dollars costs within ten days; otherwise, denied with ten dollars costs. (See 271 N. Y. 616.)


text:
    Anthony Iraggi, Appellant, v. Samuel Raymon et al., Respondents.
    (Submitted September 28, 1936;
    decided September 29, 1936.)

      Isaac R. Swezey for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Leon H. Rubin, Respondent, v. Edmund P. Cottle et al., Individually and as Executors of Octavius O. Cottle, Deceased, et al., Appellants, and The City of Buffalo et al., Respondents.
    (Submitted September 28, 1936;
    decided September 29, 1936.)

      Gregory U. Harmon, Corporation Counsel (Bertha J. Strootman of counsel), for motion.

      Edmund P. Cottle opposed.
   Motion denied upon payment of ten dollars costs to respondent within ten days; otherwise, granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Vincenzo Piazza et al., Appellants, v. National Reserve Insurance Company, Respondent.
    (Submitted September 28, 1936;
    decided September 30, 1936.)

      Thomas F. Curley for motion.

      Peter F. Gulotta opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless stipulation for judgment absolute is filed within ten days, in which event the motion is denied.


text:
    Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Lloyds Insurance Company of America, Appellant, v. Isle Theatrical Corporation, Respondent.
    (Submitted September 28, 1936;
    decided September 30, 1936.)
   Motion for reargument or to amend remittitur denied. (See 271 N. Y. 390.)


text:
    The People of the State of New York, Respondent, v. Louis Faulhaber, Appellant.
    (Submitted September 28, 1936;
    decided September 30, 1936.)

      Charles P. Sullivan, District Attorney (John H. W. Krogmann of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    Cooley Trading Company, Inc., Respondent, v. Samuel R. Goetz, Appellant.
    (Argued September 28, 1936;
    decided September 30, 1936.)

      Edward C. Schlenker for motion.

      Jules C. Randal opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless undertaking is given and filed and return is filed and served and appellant pays ten dollars costs within ten days, in which event the motion is denied.


text:
    In the Matter of the Application of George J. Gillespie et al., Constituting the Board of Water Supply of the City of New York, Appellants, to Acquire Real Property in the Towns of Shandaken, Woodstock and Olive. The New York Central Railroad Company, Respondent.
    (Submitted September 28, 1936;
    decided September 30, 1936.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 272 N. Y. 18.)


text:
    The People of the State of New York, Appellant, v. Philip Zalomeck, Respondent.
    (Submitted September 28, 1936;
    decided September 30, 1936.)

      Max Cohen for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    In the Matter of the Probate of the Will of Christian Carstens, Deceased. Harriet McDermott et al., Appellants; Martha Brauner, Respondent.
    (Submitted September 28, 1936;
    decided September 30, 1936.)

      Harry Lesser for motion.

      David M. Neuberger opposed.
   Motion denied, with ten dollars costs.


text:
    The People of the State of New York, Respondent, v. John H. Becker, Appellant.
    (Submitted September 28, 1936;
    decided September 30, 1936.)

      Charles P. Sullivan, District Attorney (John H. W. Krogmann of counsel), for motion.

      Harry Gittleson opposed.
   Motion denied.


text:
    James S. Graham et al., Respondents, v. James B. Fisher et al., Appellants, Impleaded with Another.
    (Submitted September 28, 1936;
    decided September 30, 1936.)

      Samuel Okin for motion.

      Joseph Diehl Fackenthal and Bruce E. Grunden opposed.
   Motion denied, with leave to renew on argument of appeal.


author: Per Curiam.

text:
    Oswego River Realty Corporation et al., Appellants and Respondents, Impleaded with Another, v. Sweet Brothers Paper Manufacturing Company, Inc., Respondent and Appellant, Impleaded with Others.
    (Argued April 23, 1936;
    decided October 6, 1936.)

      Charles E. Spencer, Basil B. Aylesworth and William A. Mackenzie for Senoso Paper Company, Inc., plaintiff, appellant and respondent.

      Edward Schoeneck for Oswego River Realty Corporation, plaintiff, appellant and respondent.

      Arthur E. Sutherland for Sweet Brothers Paper Manufacturing Company, Inc., defendant, respondent and appellant.
   Per Curiam.

The judgment of the Appellate Division should be modified to eliminate any adjudication as between the plaintiffs of riparian ownership or water rights in the pool above the dam, and as so modified affirmed, without costs.

Crane, Ch. J., O’Brien, Hubbs, Loughran and Finch, JJ., concur; Lehman and Crouch, JJ., dissent from so much of the decision as holds that the water power of the Peck Mill opening is confined to the amount of water necessary to operate a two-saw mill.

Judgment accordingly.


text:
    John O. Nelson, Appellant, v. Henry M. Cummings, Respondent.
    (Submitted October 5, 1936;
    decided October 6, 1936.)

      Thomas J. Gallagher for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Catharine U. Kabatt, Appellant, v. The Board of Education of the City of Elmira, Respondent.
    (Submitted July 8, 1936;
    decided October 6, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 271 N. Y. 629.)


text:
    Carmela Romano, Respondent, v. Metropolitan Life Insurance Company, Appellant.
    (Submitted July 8, 1936;
    decided October 6, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 271 N. Y. 288.)


text:
    Dora Kaufman, Appellant, v. Metropolitan Life Insurance Company, Respondent.
    (Submitted September 28, 1936;
    decided October 6, 1936.)

      Harry A. Gottlieb for motion.

      Dean Potter opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements, on ground that the order is not a final order.


text:
    In the Matter of Louis A. Greenwald et al., Individually and on Behalf of Others, Appellants, against James E. Finegan et al., Constituting the Municipal Civil Service Commission of the City of New York, et al., Respondents.
    (Submitted September 28, 1936;
    decided October 6, 1936.)

      Paul Windels, Corporation Counsel (Paxton Blair of counsel), and Roy P. Monahan for motion.

      Albert de Roode opposed.
   Motion granted and appeal dismissed, with costs and. ten dollars costs of motion.


text:
    Helen Goldstein, as Trustee in Bankruptcy of Pincus Burger, Appellant, v. East Side Metal Spinning and Stamping Corporation et al., Respondents, Impleaded with Others.
    (Submitted September 28, 1936;
    decided October 6, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 272 N. Y. 424.)


text:
    Louis Ciaccia, Appellant, v. The Board of Education of the City of New York et al., Respondents.
    (Submitted September 28, 1936;
    decided October 6, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 271 N. Y. 336.)


text:
    In the Matter of Paul Jones, Respondent, against Charles A. Harnett, as Commissioner of Motor Vehicles, Appellant, Impleaded with Others.
    (Submitted September 28, 1936;
    decided October 6, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 271 N. Y. 626.)


text:
    In the Matter of Nicholas L. Leone, Appellant, against Harry J. Brewer et al., Constituting the Building Commission of the Town of Mamaroneck, Respondents.
    (Submitted September 28, 1936;
    decided October 6, 1936.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 259 N. Y. 386.)


text:
    In the Matter of the Probate of the Will of Edward W. Browning, Deceased. Alexander P. Watts et al., as Executors, et al., Respondents; Title Guarantee and Trust Company, as Executor, et al., Appellants.
    (Submitted September 28, 1936;
    decided October 6, 1936.)

      Benjamin F. Schreiber, Alfred Rathheim, Harold M. Hoffman and Edward J. Chapman for motion.

      Joseph V. McKee, Daniel A. Shirk and Edwin R. Wolff opposed.
   Motion granted and appeals dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of Eugenia Quinlan, Respondent. Comptroller of the City of New York et al., Appellants.
    (Submitted September 28, 1936;
    decided October 6, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 271 N. Y. 396.)


text:
    In the Matter of The Towers Management Corporation, Respondent, against Edwin H. Thatcher, as Commissioner of Buildings of the Borough of Brooklyn in the City of New York, et al., Appellants.
    (Submitted September 28, 1936;
    decided October 6, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 271 N. Y. 94.)


text:
    Elinore I. Johnson, Respondent, v. Francis D. Winslow et al., Individually and as Copartners under the Firm Name of Munds, Winslow and Potter, Appellants.
    (Submitted September 28, 1936;
    decided October 6, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 272 N. Y. 467.)


text:
    In the Matter of Sander Metselaar, Appellant, against Leon Spilky, Respondent.
    (Submitted September 28, 1936;
    decided October 6, 1936.)

      Harry Kwestel for motion.

      Charles J. Herson opposed.
   Motion granted and appeal dismissed, without costs.


text:
    Trust Company of North America, Appellant, v. A. Hammer Cooperage Corporation, Respondent.
    (Submitted September 28, 1936;
    decided October 6, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 272 N. Y. 479.)


text:
    John Stelbuszeski, Respondent, v. Benjamin B. Wesley, Appellant.
    (Submitted October 5, 1936;
    decided October 6, 1936.)

      Francis A. McAnaney for motion.

      Philip Silver opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless briefs are filed and served within thirty days, in which event the motion is denied.


text:
    William E. Woollard, Appellant, v. Schaffer Stores Company, Inc., Respondent, Impleaded with Another.
    (Submitted October 5, 1936;
    decided October 6, 1936.)

      Harry M. Schaffer for motion.

      William E. Woollard and Walter A. Fullerton opposed.
   Motion denied.


text:
    Grengard Corporation, Respondent, v. Kew Gardens Corporation et al., Defendants, and N. Gist Lamdin et al., Appellants.
    (Submitted October 5, 1936;
    decided October 6, 1936.)

      Thomas D. Hewitt for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless undertaldng on appeal is filed within ten days, in which event the motion is denied.


text:
    Aaron Segall et al., Appellants, v. Herman Mendlowitz et al., Respondents.
    (Submitted October 5, 1936;
    decided October 6, 1936.)

      Irving J. W. Marx for motion.

      Norman P. S. Schloss opposed.
   Motion to dismiss appeal of Henry Segall granted and appeal dismissed, with costs, and ten dollars costs of motion.

Motion to dismiss appeal of Aaron Segall granted and appeal dismissed, with costs and ten dollars costs of motion, unless appeal is perfected within thirty days, in which event the motion is denied.


text:
    Israel M. Coleman, Respondent, v. Cating Rope Works, Inc., et al., Appellants.
    (Submitted October 5, 1936;
    decided October 6, 1936.)

      James Holden for motion.

      Ulysses S. Adler opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless undertaking on appeal is filed and appeal is perfected within ten days, in which event the motion is denied.


text:
    William C. Osborn, Appellant, v. John J. McElligott, as Fire Commissioner of the City of New York, et al., Respondents.
    (Argued October 2, 1936;
    decided October 13, 1936.)

      H. H. Nordlinger, Harold Riegelman and J. M. Dinnes for appellant.

      Paul Windels, Corporation Counsel (William C. Chanler of counsel), for John J. McElligott, as Fire Commissioner of the City of New York, et ah, respondents.

      Alfred J. Talley, Charles Lamb and James A. Mc Kaigney for Vincent J. Kane, individually and as president of Uniformed Firemen’s Association, etc., respondent.
   Appeal dismissed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York ex rel. Adaline H. Frelinghuysen et al., as Trustees for Horace Havemeyer, Jr., Appellants, against Mark Graves et al., Constituting the State Tax Commission, Respondents.
    (Argued September 28, 1936;
    decided October 13, 1936.)

      Henry B. Closson for appellants.

      John J. Bennett, Jr., Attorney-General (Joseph M. Mesnig of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Herbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York ex rel. Adaline H. Frelinghuysen et al., as Trustees for Peter H. B. Frelinghuysen, Jr., Appellants, against Mark Graves et al., Constituting the State Tax Commission, Respondents.
    (Argued September 28, 1936;
    decided October 13, 1936.)

      Henry B. Closson for appellants.

      John J. Bennett, Jr., Attorney-General (Joseph M. Mesnig of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of George Blondheim, Appellant, against S. Howard Cohen et al., as Commissioners of the Board of Elections of the City of New York, Respondents.
    (Argued September 28, 1936;
    decided October 13, 1936.)

      Reginald Field, Frank Harvey Field and Leon P. Calafiura for appellant.

      John J. Bennett, Jr., Attorney-General (Henry Epstein, Patrick H. Clune and John F. X. McGohey of counsel), for respondents.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Daniel Magaliff, Respondent, v. New York Life Insurance Company, Appellant.
    (Submitted September 28, 1936;
    decided October 13, 1936.)

      Kenneth deF. Carpenter and Louis H. Cooke for appellant.

      Joseph Garrow and Elias Garrow for respondent.
   Order affirmed, with costs, and questions certified answered in the negative. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Children’s Bus Service, Inc., Appellant, against Mark Graves et al., as Members of the State Tax Commission, et al., Respondents.
    (Submitted September 28, 1936;
    decided October 13, 1936)

      Vito F. Lanza for appellant.

      John J. Bennett, Jr., Attorney-General (Henry Epstein of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Accounting of Union Trust Company of Jamestown, New York, as Administrator with the Will Annexed of Martin Merz, Deceased, Appellant; Mae M. Barrett et al., Respondents.
    (Argued September 28, 1936;
    decided October 13, 1936.)

      Thomas R. Wheeler and Rex Crosby for appellant.

      J. Russell Rogerson for Mae M. Barrett et al., respondents.

      Ernest D. Leet for George L. Merz et al., respondents.
   Order affirmed, with costs. First to fifteenth questions certified answered in the affirmative. Additional question certified answered in the negative. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The Cyllene Corporation, Appellant, v. Fannie Eisen et al., Respondents.
    (Argued September 29, 1936;
    decided October 13, 1936.)

      John Stuart Dwinell and Charles C. Lamm for appellant.

      Joshua S. Shapiro. and Joshua S. Koenigsberg for Gussie Shapiro, respondent.
   Orders of the Appellate Division and of Special Term reversed and motion granted, with costs in all courts. Second question certified answered in the negative. Fifth question certified answered in the affirmative. Other questions certified not answered. (See Matter of City of New York [Neptune Ave.], 271 N. Y. 331.) No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Clarence W. McKay, Respondent, v. Rochester and Lake Ontario Water Service Corporation et al., Appellants, Impleaded with Others.
    (Argued September 29, 1936;
    decided October 13, 1936.)

      Wilton A. Block for appellants.

      Robert T. Headley for respondent.
   Order affirmed, with costs, and question certified answered in the negative. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Estate of John M. Glen, Deceased. Eleanor Glen, Individually and as Administratrix with the Will Annexed of the Estate of John M. Glen, Deceased, et al., Appellants; James Glen, Respondent.
    (Argued September 29, 1936;
    decided October 13, 1936.)

      Robert McC. Marsh and Frederic P. Rich for appellants.

      Alexander J. Field for respondent.
   Order affirmed, without costs; no opinion. (See 272 N. Y. 640.)

Concur: Lehman, O’Brien, Hubbs and Crouch, JJ. Dissenting: Crane, Ch. J., Loughran and Finch, JJ.


text:
    The People of the State of New York ex rel. Jack H. Lehman, Appellant, against Frederick L. Moorehead, as Warden of the City Prison, Brooklyn, Respondent.
    (Argued September 29, 1936;
    decided October 13, 1936.)

      Howard Hilton Spellman, Benjamin F. Spellman and S. Philip Cohen for appellant.

      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   Order affirmed; no opinion. (See 272 N. Y. 640.)

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Accounting of Emil Sundheimer, as Executor of Paul Sundheimer, Deceased, Respondent. Sigrid M. Sundheimer, Appellant; Alice Dillingham, as Special Guardian, Respondent.
    (Argued September 29, 1936;
    decided October 13, 1936.)

      Amende Lesser for appellant.

      Harry J. Winick, Morris Rosenbaum, Louis Timberg and Rubin Mazel for Emil Sundheimer, as executor of Paul Sundheimer, deceased, respondent.

      Alice Dillingham, as special guardian, respondent.
   Order affirmed, with costs payable out of the estate. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Estate of Ernest L. Heitman, Deceased. Maude Heitman, Appellant; Ricka Thiel et al., Respondents.
    (Argued September 29, 1936;
    decided October 13, 1936.)

      Thomas J. McKenna for appellant.

      J. Carl Fogle for Rieka Thiel et al., respondents.

      Ellsworth W. Storrs and W. W. Storrs for Anna M. Short, respondent.
   Order affirmed with costs. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    Joseph LaBarbera, Appellant, v. Hart & Crouse Co., Inc., Respondent.
    (Submitted September 29, 1936;
    decided October 13, 1936.)

      M. Francis Malone for appellant.

      Raymond F. Nichols for respondent.
   Appeal dismissed, without costs. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    D. A. Schulte, Inc., Appellant, v. Loft, Inc., Respondent, Impleaded with Others.
    (Submitted October 5, 1936;
    decided October 13, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 271 N. Y. 420.)


text:
    Tauba Gelberg, Respondent, v. Harry Gelberg, Appellant.
    (Submitted October 5, 1936;
    decided October 13, 1936.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 269 N. Y. 606.'


text:
    Gatti Paper Stock Corporation, Appellant, v. Erie Railroad Company, Respondent.
    (Submitted September 30, 1936;
    decided October 20, 1936.)

      Simon H. Rifkind and Sidney R. Nussenfeld for appellant.

      A. S. Edmonds and Theodore Kiendl for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of a Temporary Pedestrian Bridge in East One Hundred and Third Street across Turnbull Avenue and across Tracks of New York Rapid Transit Corporation, in Borough of Brooklyn. New York Rapid Transit Corporation, Respondent; City of New York, Appellant.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Paul Windels, Corporation Counsel (Joseph L. Weiner and Justin O. Reynolds of counsel), for appellant.

      Trabue Carswell, M. B. Hoffman and George D. Yeomans for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Mary Krajewski, Respondent, against Eagle Pencil Company et al., Appellants. State Industrial Board, Respondent.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Frank L. Ward for appellants.

      John J. Bennett, Jr., Attorney-General (Roy Wiedersum, of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Dominick Williams, Respondent, against Harrison & Meyer, Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Frank L. Ward for appellants.

      John J. Bennett, Jr., Attorney-General (Leon Freedman of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Httbbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Max Stendora, Respondent, against F. Schneider and Sons, et al., Appellants. State Industrial Board, Respondent.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Frank L. Ward for appellants.

      John J. Bennett, Jr., Attorney-General (Leon Freedman of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Henry L. Hall, Respondent, against Nell Brothers and Kern et al., Appellants. State Industrial Board, Respondent.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      John S. Leonard for appellants.

      John J. Bennett, Jr., Attorney-General (Roy Wiedersum of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch. Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Alice M. Wastie, Respondent, against Tompkins McIlvaine et al., Appellants. State Industrial Board, Respondent.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Charles P. Barre for appellants.

      Richard W. Townsend for claimant, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Harry H. Lief, Respondent, against A. Walzer & Son, et al., Appellants. State Industrial Board, Respondent.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Jeremiah F. Connor for appellants.

      Irwin Stern for claimant, respondent.

      John J. Bennett, Jr., Attorney-General (Leon Freedman of counsel), for State Industrial Board, respondent.
   Order affirmed, with one bill of costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Irving Smith against Kosters Bakery, Inc., et al., Respondents. State Industrial Board, Appellant.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      John J. Bennett, Jr., Attorney-General (Hector A. Robichon of counsel), for appellant.

      Jeremiah F. Connor for respondents.
   Appeal dismissed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of William Davidowicz, Respondent, against Harold D. Klipstein as Trustee of Dearborn Manufacturing Corporation, Bankrupt Appellant. State Industrial Board, Respondent.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Harold H. Levin for appellant.

      John J. Bennett, Jr., Attorney-General (Leon Freedman of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Chet Mestler, Respondent, against American Sales Book Company, Appellant. State Industrial Board, Respondent.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Horace C. Winch for appellant.

      John J. Bennett, Jr., Attorney-General (Leon Freedman of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Cora L. Moocheer, Respondent, against A. H. Herrick & Son et al., Appellants. State Industrial Board, Respondent.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Walter D. Smith for appellants.

      John J. Bennett, Jr., Attorney-General (Leon Freedman of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Paul Pyshnack, Respondent, against Henry Forge & Tool, Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Robert E. Dineen for appellants.

      John J. Bennett, Jr., Attorney-General (Leon Freedman of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Betty H. Washburn et al., Respondents, against H. E. Bunce et al., Appellants. State Industrial Board, Respondent.
    (Submitted September 30,1936;
    decided October 20, 1936.)

      Leo Waxman for appellants.

      John J. Bennett, Jr., Attorney-General (Hector A. Robichon of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of State Commissioner of Taxation and Finance, Respondent, against Grain Handling Corporation et al., Appellants. State Industrial Board, Respondent.
    ('Submitted September 30, 1936;
    decided October 20, 1936.)

      Harry A. Rachlin for appellants.

      John J. Bennett, Jr., Attorney-General (Leon Freedman of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Httbbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Claim of Abraham Greenberg against Alexander Fox et al., Respondents. State Industrial Board, Appellant.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      John J. Bennett, Jr., Attorney-General (Roy Wiedersum of counsel), for State Industrial Board, appellant.

      Bernard F. Farley and Frederick Mellor for respondents.
   Order affirmed, with costs against State Industrial Board; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Frank L. Finlaw, Respondent, v. Maurice Wertheim et al., Co-partners under the Firm Name of Wertheim & Co., et al., Appellants, Impleaded with Another.
    (Argued September 30, 1936;
    decided October 20, 1936.)

      Lionel S. Popkin for appellants.

      S. Harry Eilenberg and Harold F. Levin for respondent.
   Order affirmed, with costs, and question certified answered in the negative. Johnston v. Trask (116 N. Y. 136) has not been overruled or modified by DeWaal v. Jamison (226 N. Y. 644). (See, also, Hyman-Michaels Co. v. Senior & Palmer, Inc., 265 N. Y. 266.) No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Accounting of Jennie Albanese, as Guardian of William Albanese. William Albanese, Appellant; Walter A. Fullerton, Respondent.
    (Argued October 1, 1936;
    decided October 20, 1936.)

      R. Emmett Mahoney for William Albanese, appellant.

      Walter A. Fullerton (in person) and Francis J. Neddo for Walter A. Fullerton, respondent.
   Order affirmed, without costs, on the ground the Surrogate’s Court had no jurisdiction in this proceeding to make the order; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs. Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Rehabilitation of Lawyers Westchester Mortgage and Title Company. Sarah E. Machin et al., as Administratrices with the Will Annexed of Aaron Machin, Deceased, Appellants; Louis H. Pink, Superintendent of Insurance, as Liquidator of Lawyers Westchester Mortgage and Title Company, Respondent.
    (Argued October 1, 1936;
    decided October 20, 1936.)

      Ralph Earl Prime, Jr., and A. J. Prime for appellants.

      Joseph Lapidus, Jess H. Rosenberg and Harry Rodwin for respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Lawyers Mortgage Company. Louis H. Pink, Superintendent of Insurance, as Rehabilitator of Lawyers Mortgage Company, Appellant; Mortgage Commission of The State of New York et al., Respondents.
    (Argued October 1, 1936;
    decided October 20, 1936.)

      Irving H. Jurow, Jess H. Rosenberg and Walter B. Herendeen for appellant.

      John J. Clarke, Maurice Finkelstein, Morris Amchanitzky and Benjamin J. Rabin for Mortgage Commission of State of New York, respondent.

      Frank W. Chambers and Frederick J. Wilkens for certain certificate holders, respondents.

      Edward N. Perkins for Frances B. Cox, respondent.

      Hyman W. Gamso for Delancey Nicoll, Jr., as committee of William H. McGill, an incompetent, respondent.

      Timothy N. Pfeiffer, Sinclair Hamilton and Wilber Stammler for Title Guarantee and Trust Company, amicus curiae.

   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Rehabilitation of New York Title and Mortgage Company. Louis H. Pink, Superintendent of Insurance, as Liquidator of New York Title and Mortgage Company, Appellant; Mortgage Commission of the State of New York et al., Respondents.
    (Argued October 1, 1936;
    decided October 20, 1938.)

      Irving H. Jurow, Jess H. Rosenberg and William A. Shea for appellant.

      John J. Clarke, Maurice Finkelstein, Morris Amchanitzky and Benjamin J. Rabin for Mortgage Commission of State of New York, respondent.

      Leonard Klaber and George M. Jaffin for Jessie B. Conger et al., as trustees, etc., respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Morris Rosentover, Respondent, against J. J. Weiss et al., Appellants.
    (Argued October 1, 1936;
    decided October 20, 1936.)

      Jacob W. Friedman, Joseph J. Weiss and A. L. Weiss for appellants.

      Monroe J. Weinstein and Sidney Zasuly for respondent.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Lawrence Peterson, Appellant, against L. Barron Hill, as District Attorney of Suffolk County, et al., Respondents. In the Matter of Joshua D. Budd, Appellant, against L. Barron Hill, as District Attorney of Suffolk County, et al., Respondents.
    (Argued October 2, 1936;
    decided October 20, 1936.)

      Michael A. Petroccia and George A. Gibson for appellants.

      Guy O. Walser, L. Barron Hill, District Attorney (in person), and Howard J. Grace for respondents.
   Orders affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien. Hhbbs, Croech, Loeghran and Finch, JJ.


text:
    Marion O’Brien, Respondent, v. Denis Donegan, Appellant.
    (Argued October 2, 1936;
    decided October 20, 1936.)

      William B. Butler and Walter R. Hart for appellant.

      William F. Mc Nulty and Harold R. Medina for respondent.
   Appeal dismissed, with costs. Questions certified are not relevant to the motion made at Special Term. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Xenia B. Kernan, Respondent; William F. Kernan, Appellant.
    (Submitted October 2, 1936;
    decided October 20, 1936.)

      A. Raymond Cornwall for appellant.

      Charles A. Phelps for respondent.
   Order affirmed, with costs, and question certified answered in the affirmative. No opinion.

Concur: Crane, Ch. J. Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch. JJ.


text:
    In the Matter of The Trustees of First Methodist Episcopal Church of Whitehall, Appellant; Village of Whitehall, Respondent.
    (Argued October 2, 1936;
    decided October 20, 1936.)

      Robert W. Fisher for appellant.

      Warren Sears for respondent.

      John J. Bennett, Jr., Attorney-General (Henry Epstein and Leon M. Layden of counsel), for State of New York.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York ex rel. The City of Middletown, Respondent, v. Hulett C. McBride et al., as Assessors of the Town of Wawayanda, et al., Appellants.
    (Argued October 5,1936;
    decided October 20, 1936.)

      Joseph A. McCabe and Henry Kohl for appellants.

      J. Allan Ballman for respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Charles A. Steinbarge, Appellant, against Town Board of Norfolk et al., Respondents.
    (Argued October 5, 1936;
    decided October 20, 1936.)

      Francis E. Cullen and Frank L. Cubley for appellant.

      Robert E. Whalen and Fred J. Flanagan for respondents.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of Charles A. Steinbarge, Appellant, against Town Board of Norfolk et al., Respondents.
    (Argued October 5, 1936;
    decided October 20, 1936.)

      Francis E. Cullen and Frank L. Cubley for appellant.

      Robert E. Whalen and Fred J. Flanagan for respondents.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Crouch, Loughran and Finch, JJ.


text:
    Leopold Zimmermann et al., Copartners under the Firm Name of Zimmermann & Forshay, Respondents, v. The Roessler & Hasslacher Chemical Company, Appellant.
    (Argued October 5, 1936;
    decided October 20, 1936.)

      William, S. Gregg, Charles L. Woody, Charles A. Rittenhouse, 3d, Joshua D. Jones and W. Glasgow Reynolds for appellant.

      Harold Nathan, Frederick F. Greenman and Chester Rohrlich for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Probate of the Will of Samuel E. Mauran, Deceased. Arthur W. Johnson et al., Appellants; Elizabeth L. Betton et al., Respondents.
    (Argued October 5, 1936;
    decided October 20, 1936.)

      Walter A. Fullerton, James A. Leary and Francis J. Neddo for appellants.

      James McPhillips, C. E. Fitzgerald and F. G. Bascom for respondents.
   Order affirmed, with costs to all parties filing briefs payable out of the estate. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs. Crouch, Loughran and Finch, JJ.


text:
    The Rector, etc., of the Church of Saint Matthew and Saint Timothy in New York City, Respondent, v. Title Guarantee and Trust Company, Appellant.
    (Argued October 6, 1936;
    decided October 20, 1936.)

      Richard S. Holmes, W. H.L. Edwards, Flynn L. Andrew and Harold P. Winans for appellant.

      Frederick J. Moses for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Farbro Corporation, Appellant, v. A. F. A. Realty Corporation, Respondent, Impleaded with Others.
    (Argued October 6, 1936;
    decided October 20, 1936.)

      Charles H. Street for appellant.

      Benjamin Reass and Warren M. Caro for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.; Crane, Ch. J., dissents on the ground that there can be no loches in applying for a remedy when the decisions of the court caused the delay. (See 250 N. Y. 262, 588; 261 N. Y. 24.)


text:
    The People of the State of New York, Respondent, v. William C. Prime, Appellant.
    (Argued October 6, 1936;
    decided October 20, 1936.)

      Francis J. Duffy for appellant.

      Walter A. Ferris, District Attorney (William F. Horan of counsel), for respondent.
   Judgment affirmed, no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of David Mayberg, Respondent, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, et al., Appellants.
    (Argued October 6, 1936;
    decided October 20, 1936.)

      Paul Windels, Corporation Counsel (Paxton Blair of counsel), for Board of Standards and Appeals, appellant.

      Joseph E. Kinsley, August P. Klein and Elizabeth M. Duffy for The Bronx Savings Bank, appellant.

      I. Maurice Wormser and Bernard Cohen for respondent.
   Order affirmed, with costs; no opinion. (See 272 N. Y. C41.)

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Joseph R. Davies et al., Appellants, v. Iroquois Gas Corporation, Respondent.
    (Argued October 6, 1936;
    decided October 20, 1936.)

      James O. Moore, Jr., Arthur J. Block and Michael M. Cohn for appellants.

      Lyman M. Bass, William P. Stewart and George C. Letchworth for respondent.
   Order of. Appellate Division reversed and that of Special Term affirmed, without costs, and question certified answered in the negative. We are of the opinion that on the facts presented the Special Term was justified ip exercising its discretion. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    The People of the State of New York, Respondent, v. John Sanacory, Appellant.
    (Submitted October 6, 1936;
    decided October 20, 1936.)

      John Sanacory, in person, for appellant.

      Walter A. Ferris, District Attorney (William F. Horan of counsel), for respondent.
   Judgment affirmed, no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Erick Dressler et al., Appellants, v. Merkel, Inc., Respondent, Impleaded with Another.
    (Argued October 6, 1936;
    decided October 20, 1936.)

      Herbert W. Ziegler and Julian D. Heath for appellants.

      Daniel Mungall and Edwin C. Market for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Crouch, Loughran and Finch, JJ. Taking no part, O’Brien, J.


text:
    In the Matter of Lawrence A. Burke, Appellant, against Philip N. Krug et al., Constituting the Board of Elections of Nassau County et al., Respondents.
    (Argued October 15, 1936;
    decided October 20, 1936.)

      David B. Tolins and Saul Gordon for appellant.

      James L. Dowsey, County Attorney (Kenneth M. Spence and Clarence E. Galston of counsel), for Philip N. Krug et al., constituting the Board of Elections of Nassau county, respondents.

      Howard G. Wilson, H. Stewart McKnight and Henry J. A. Collins for Nassau County Commission on Governmental Revision, respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Herbs, Crouch, Loughran and Finch, JJ.


text:
    Louis Witaszek, Appellant, v. Charles Drees et al., Defendants, and Granger and Company, Respondent.
    (Submitted October 19, 1936;
    decided October 20, 1936.)

      Roy P. Ohlin for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless undertaking on appeal is filed within ten days, in which event the motion is denied.


text:
    Sophie Haykl, an Infant, by Louis Witaszek, Her Guardian at Litem, Appellant, v. Charles Drees et al., Defendants, and Granger and Company, Respondent.
    (Submitted October 19, 1936;
    decided October 20, 1936.)

      Roy P. Ohlin for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless undertaking on appeal is filed within ten days, in which event the motion is denied.


text:
    In the Matter of Albert T. Gruskin et al., Appellants, against Edward J. Flynn, as Secretary of State of the State of New York, Respondent.
    (Argued October 23, 1936;
    decided October 23, 1936.)

      Sidney Kansas for appellants.

      John J. Bennett, Jr., Attorney-General (Joseph M. Mesnig of counsel) for respondent.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.; Lehman, J., taking no part.


text:
    In the Matter of William E. Drislane et al., Respondents, against Joseph A. Bertasso et al., Appellants.
    (Argued October 23, 1936;
    decided October 23, 1936.)

      Sidney Kansas for appellants.

      Charles J. Duncan, George W. Foy, George Myers, Edward S. Rooney and Francis J. Burns for respondents.
   Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.; Lehman, J., taking no part.


text:
    Arthur Nirenberg, Appellant, v. Leo Ritter, Defendant, and Joseph Gans, Respondent.
    (Argued October 7, 1936;
    decided October 23, 1936.)

      Ernest P. Seelman and William Gold for appellant.

      Joseph Gans, in person, Samuel Schacter and C. Arthur Jensen for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Jacob M. Zinaman, as Executor of Hyman Silberman, Deceased, Appellant, v. Sophie Stivelman, Respondent, Impleaded with Another.
    (Argued October 7, 1936;
    decided October 23, 1936.)

      Jacob M. Zinaman for appellant.

      Norman Laidhold and William Weisman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Helen Eisser, Respondent, v. The Commercial Travelers Mutual Accident Association of America, Appellant.
    (Submitted October 7, 1936;
    decided October 23, 1936.)

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

      Leo Fixler and Murray G. Jenkins for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Margaret J. Roche, Respondent, v. Edwin L. Thurber et al., Defendants, and Samuel Singer et al., Appellants.
    (Submitted October 7, 1936;
    decided October 23, 1936.)

      F. R. Serri for appellants.

      Raymond P. McNulty and Gilbert F. Regan for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughb an and Finch, JJ.


text:
    The City of New York, Appellant, v. New York, Westchester and Boston Railway Company, Respondent.
    (Argued October 8, 1936;
    decided October 23, 1936.)

      Paul Windels, Corporation Counsel (Frederick v. P. Bryan, Paxton Blair and Elizabeth Rogers Horan of counsel), for appellant.

      Edward Ward McMahon, Ralph P. Buell and John F. Kiernan for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Michael Zappolo et al., Respondents, v. John A. Lanigan et al., Appellants.
    (Argued October 8, 1936;
    decided October 23, 1936.)

      William Ryan for appellants.

      John F. Wright and George H. Vinette for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Alicia M. Cracknell, Appellant, v. Long Island Lighting Company, Respondent.
    (Argued October 8, 1936;
    decided October 23, 1936.)

      E. Judge Shelly and John C. Judge for appellant.

      Philip Huntington and David S. Hill, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Frances Whitney, Respondent, v. Lyric-Rochester Corporation, Appellant. Edward Whitney, Respondent, v. Lyric-Rochester Corporation, Appellant.
    (Argued October 8, 1936;
    decided October 23, 1936.)

      Nicholas J. Weldgen for appellant.

      Asher N. Shapiro for respondents.
   Judgments affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Edith Frasca, Appellant, v. Metropolitan Life Insurance Company, Respondent.
    (Argued October 8, 1936;
    decided October 23, 1936.)

      Reuben Chase and Samuel A. Koback for appellant.

      Arthur D. Brennan, Henry R. Barrett, Jr., and Henry R. Barrett for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Sigmund Fornagiel, an Infant, by Joe Fornagiel, His Guardian ad Litem, et al., Respondents, v. Celia Wacholder, Appellant, Impleaded with Others.
    (Submitted October 8, 1936;
    decided October 23, 1936.)

      Everett W. Bovard and Leo F. Potts for appellant.

      Morris H. Hofstadter for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Hubbs, Crouch, Loughran and Finch, JJ. Dissenting: Crane, Ch. J., Lehman and O’Brien, JJ.


text:
    Progressive Clay Company, Appellant, v. Globe Indemnity Company, Respondent.
    (Argued October 8, 1936;
    decided October 23, 1936.)

      Abraham H. Sarasohn and Joseph L. Lefkowitz for appellant.

      Thomas E. O’Brien and Thomas F. Conway for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hujbbs, Crouch, Loughran and Finch, JJ.


text:
    Etta M. Gardner, Respondent, v. Northwestern Mutual Life Insurance Company, Appellant.
    (Argued October 8, 1936;
    decided October 23, 1936.)

      Hamilton J. Hewitt for appellant.

      Arthur F. Curtis for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    John Westerbeke et al., Respondents, v. Bank of Huntington and Trust Company, Defendant, and Arthur H. Turner, Appellant.
    (Submitted October 9,1936;
    decided October 23, 1936.)

      Irving Smith for appellant.

      Frederick W. Tuck, Jr., for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Conlew, Inc., Appellant, v. Irving Nash et al., Respondents, Impleaded with Another.
    (Argued October 9, 1936;
    decided October 23, 1936.)

      Robert E. Shortall and Leonard G. Bisco for appellant.

      Herbert S. Greenberg for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    Cecelia L. Bordon, as Administratrix of the Estate of Jeanette Lukaszewski, Deceased, Respondent, v. Central Hudson Gas and Electric Corporation, Appellant.
    (Argued October 9, 1936;
    decided October 23, 1936.)

      N. Otis Rockwood for appellant.

      Henry Hirschberg for respondent.
   Judgment affirmed with costs; no opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Crouch, Loughran and Finch, JJ. Dissenting: Lehman, J.


text:
    In the Matter of Edward J. Mooney, Respondent, against S. Howard Cohen et al., Constituting the Board of Elections of the City of New York, et al., Appellants.
    (Submitted October 23, 1936;
    decided October 23, 1936.)
   Motion to amend the remittitur granted. When we reversed the Special Term order we reversed the ruling that the questions submitted should not appear on the ballot. We thereby decided that both questions should be placed upon the ballot to be voted on at the coming election. To avoid any further misunderstanding, we add to the remittitur following the words of reversal, and the motion to strike both the questions submitted from the ballot is denied, without costs.” (See 272 N. Y. 33.)


text:
    James Counias, as Administrator of the Estate of Michael Counias, Appellant, v. Sara C. Thomas Respondent, Impleaded with Others.
    (Submitted October 19, 1936;
    decided October 23, 1936.)

      Herman I. Lurie for motion.
    No one opposed.
   Motion granted and appeal dismissed, without costs.


text:
    Matthew J. Conlin, Appellant, v. F. W. Kraft & Sons Company et al., Respondents.
    (Submitted October 19, 1936;
    decided October 23, 1936.)
   Motion to amend the remittitur or for a reargument denied, with ten dollars costs and necessary printing disbursements. (See 271 N. Y. 499.)


text:
    William Ruvinsky, Appellant, v. Philip Schonberg et al., Defendants, and Albert Stiefel, as Trustee in Bankruptcy of Philip Schonberg, Respondent.
    (Submitted October 5, 1936;
    decided October 23, 1936.)

      Harry Malter for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless undertaking is filed and served within ten days, in which event the motion is denied.


text:
    Central Hanover Bank and Trust Company, Appellant, v. Frederick Kraft et al., Respondents.
    (Submitted October 19, 1936;
    decided October 23, 1936.)

      Otto A. Samuels for motion.

      Francis S. Bensel and W. Frederick Knecht opposed.
   Motion denied, with ten dollars costs.


text:
    In the Matter of Loreto Tarantelli et al., Respondents, against City of Corning et al., Appellants.
    (Argued September 28, 1936;
    decided November 17, 1936.)

      Halsey Sayles and Clarence H. Brisco for appellants.

      Guernsey B. Hubbard for respondents.
   Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.


text:
    In the Matter of the Estate of Harry A. Barmeier, Deceased. Thomas J. Reese, Appellant; Brooklyn Trust Company et al., Respondents.
    (Argued September 30, 1936;
    decided November 17, 1936.)

      Charles W. Froessel and George P. Stier for appellant.

      Walter Bruchhausen for Brooklyn Trust Company et al., respondents.

      William A. Robinson as special guardian for Lorraine Anthony et al., respondents.

      Royal A. Curtis as special guardian for Harry G. Barmeier, respondent.
   Order affirmed, with costs to all parties appearing and filing briefs payable out of the estate. No opinion.

Concur: Lehman, O’Brien, Hubbs, Crouch, Lough-ran and Finch, JJ.; Crane, Ch. J., taking no part.


text:
    The People of the State of New York, Respondent, v. Salvatore Scata, Joseph Bolognia, Theodore DiDonne, Dominick Zizzo, Sam Kimmel and Eugene Bruno, Appellants.
    (Argued October 13, 1936;
    decided November 17, 1936.)

      Jacob W. Friedman and Edward B. Wallace for Salvatore Scata, appellant.

      Louis J. Castellano for Joseph Bolognia, appellant.

      Benjamin C. Ribman and Milton H. Goldstricker for Theodore DiDonne, appellant.

      Samuel S. Leibowitz and Osmond K. Fraenkel for Dominick Zizzo and Eugene Bruno, appellants.

      Jack H. Delbick and Leo Healy for Sam Kimmel, appellant.

      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   As to each defendant, judgment of conviction affirmed. The error in the judge’s charge as to the effect of a promise by the Assistant District Attorney did not in our opinion affect the substantial right of the defendants. No opinion.

Concur: Crane, Ch. J., O’Brien, Hubbs, Crouch and Finch, JJ. Dissenting as to defendants Kimmel, Bruno and Zizzo; Lehman and Loughran, JJ.


text:
    The People of the State of New York, Respondent, v. Luke Courtney, Appellant.
    (Argued October 13, 1936;
    decided November 17, 1936.)

      Francis P. Farrell and Louis Karasik for appellant.

      William Copeland Dodge, District Attorney (Lyon Boston of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ.; Crouch, J., taking no part.


text:
    The People of the State of New York, Respondent, v. Howard Oczko, Appellant.
    (Argued October 13, 1936;
    decided November 17, 1936.)

      Abraham K. Weber for appellant.

      Charles P. Sullivan, District Attorney (James F. T. Delaney of counsel), for respondent.
   Judgments reversed and information dismissed. (People v. Perry, 265 N. Y. 362; People v. McCauliff, 267 N. Y. 581.) No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ.; Crouch, J., taking no part.


text:
    John J. Sullivan, Inc., Respondent, v. Brooklyn National Bank of New York, Appellant.
    (Argued October 13, 1936;
    decided November 17, 1936.)

      Meyer Kraushaar for appellant.

      David O. Kuh and Morrison P. Paley for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran and Finch, JJ.; Crane, Ch. J., and Crouch, J., taking no part.


text:
    The Brooklyn National Bank of New York, Appellant, v. Maurice Reinitz et al., Defendants, and Clarence H. Seigle et al., Respondents. The Brooklyn National Bank of New York, Appellant, v. Max Wilhelm et al., Defendants, and Herman Steyer et al., Respondents. The Brooklyn National Bank of New York, Appellant, v. Max Kiss et al., Defendants, and Louis A. Rosenstein, Respondent.
    (Argued October 14, 1936;
    decided November 17, 1936.)

      Meyer Kraushaar for appellant.

      Edward M. O. Pratt and Jacob Ratafia for respondents.
   In each action, judgment affirmed, with costs; no opinion.

Concur: Lehman, O’Brien, Hubbs, Loughran and Finch, JJ.; Crane, Ch. J., and Crouch, J., taking no part.