text:
    In the Matter of the Application of Robert T. Hawthorne, Appellant, for Admission to the Bar. The Committee on Character and Fitness for the Second Judicial Department, Respondent.
    (Argued December 12, 1932;
    decided January 10, 1933.)

      Jay Leo Rothschild and Louis Rivkin for appellant.

      Peter P. Smith, William Pinkney Hamilton, Jr., and Robert L. Callahan for respondent.
   Order affirmed; no opinion. (See 261 N. Y. 554, 618.)

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


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of New Jersey Fidelity and Plate Glass Insurance Company, Respondent, against George S. Van Schaick, as Superintendent of Insurance of the State of New York, Appellant.
    (Argued December 13, 1932;
    decided January 10, 1933.)

      John J. Bennett, Jr., Attorney-General (.Harold Green-stein, Henry Epstein and Samuel B. Feller of counsel), for appellant.

      Samuel D. Macpeak and Patrick J. 'McGill for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    George E. Gibson Company, Appellant, v. The City of New York et al., Respondents.
    (Submitted December 14, 1932;
    decided January 10, 1933.)

      Henry A. Blumenthal for appellant.

      Arthur J. W. Hilly, Corporation Counsel (J. Joseph Lilly, Milton I. Hauser, Mathew J. Troy and Joseph L. Pascal of counsel), for respondents.
   Appeal dismissed, with costs; no opinion.

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


text:
    George A. Andrews, Respondent, v. Cayuga Omnibus Corporation, Appellant.
    (Argued December 15, 1932;
    decided January 10, 1933.)

      N. F. Towner for appellant.

      Perry E. Leary for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Nona Callahan et al., Respondents, v. George Bergman, Appellant.
    (Argued December 15, 1932;
    decided January 10, 1933.)

      Morton L. Panken, Edward A. Harmon and A. Bertram Samuels for appellant.

      Jacob Zelenko and George A. Grabow for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Bernard H. Ridder et al., Appellants, v. Harry B. Haines, Respondent.
    (Argued December 15, 1932;
    decided January 10, 1933.)

      Louis Sleekier, Edward L. Steckler and Ralph Gutman for appellants.

      Joseph M. Proskauer, J. Alvin Van Bergh and Arthur Moynihan for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Isaac Levin, Appellant, v. Sol Levin Fixtures Corporation et al., Respondents.
    (Argued December 15, 1932;
    decided January 10, 1933.)

      Mortimer Hays, Lester Lyons, Herman Shulman and David L. Podell for appellant.

      J. W. Friedman and Edward H. Levine for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Ikey DeMarzio, as Administrator of the Estate of Carmine DeMarzio, Deceased, Respondent, v. Montrose Contracting Company, Appellant.
    (Argued December 15, 1932;
    decided January 10, 1933.)

      James 0. Moore and Chester McNeil for appellant.

      Harold Horowitz for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Helen L. Luckman, as Administratrix of the Estate of Herbert P. Luckman, Deceased, Appellant, v. New York Central Railroad Company, Respondent.
    (Submitted December 16, 1932;
    decided January 10, 1933.)

      Glen R. Bedenkapp for appellant.

      Mark N. Turner and Raymond C. Vaughan for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Ethel Kahanowitz, Appellant, v. Samuel Kahanowitz, Respondent.
    (Submitted December 16, 1932;
    decided January 10, 1933.)

      Samuel Poses and Irving Driesen for appellant.

      Emanuel M. Ostrow for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The City of New York, Appellant, v. James J. McCormick, Respondent.
    (Argued December 14, 1932;
    decided January 17, 1933.)

      Arthur J. W. Hilly, Corporation Counsel (J. Joseph Lilly, Henry J. Shields, Isaac F. Cohen and Harry L. Herzog of counsel), for appellant.

      Robert S. Johnstone and Stanley L. Richter for respondent.
   Order affirmed, with costs, and question certified answered in the negative. No opinion. ¡

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


text:
    Ambler Garage, Inc., Appellant, v. The People of the State of New York, Defendant, and Second Avenue and Ninety-first Street Realty Corporation et al., Respondents.
    (Submitted December 16, 1932;
    decided January 17, 1933.)

      Max Bergman, Jacob Meadow and John Barsha for appellant.

      Isidore Ehrrnan for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    John U. Hussey et al., Appellants, v. City Bank Farmers Trust Company, Respondent.
    (Submitted December 16, 1932;
    decided January 17, 1933.)

      R. S. Nichols for appellants.

      Edward M. Cameron, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Campbell Smith Ritchie Company, Respondent, v. J. Pechenik, Inc., Appellant.
    (Submitted December 16, 1932;
    decided January 17, 1933.)

      Conrad J. Ruby for appellant.

      Thomas PL. Dugan for respondent.
   Judgment affirmed, with costs; no opinion.

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


author: Per Curiam.

text:
    G. Goldberg & Sons, Inc., Respondent, v. Weisberg-Goldman Corporation et al., Appellants.
    (Submitted January 9, 1933;
    decided January 17, 1933.)
   Per Curiam.

The motions for reargument are denied. The motions to amend the remittitur are granted; return of remittitur is requested and when returned it will be amended so as to read in the portion applicable to the defendant Title Guarantee and Trust Company as follows: Judgment of the lower court as to Title Guarantee and Trust Company modified by striking therefrom the provision awarding personal judgment against the appellant, Title Guarantee and Trust Company, and as so modified, affirmed, without costs to either party in this court and in the courts below;” and it will also be amended as requested by the defendant WeisbergGoldman Corporation by striking therefrom the words cannot be delivered ” and inserting therein the words is not delivered.”


text:
    Standard Oil Company of New York, Respondent, v. George J. Koch, Appellant.
    (Submitted January 9, 1933;
    decided January 17, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 150.)


text:
    Edward V. Lawler, Respondent, v. Florence E. McMullin et al., Defendants; Wallace E. Shirra et al., as Executors of John Powers, Deceased, Respondents; and The Royal Bank of Canada, Appellant.
    (Submitted January 9, 1933;
    decided January 17, 1933.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 676.)


text:
    Title Guarantee and Trust Company, Appellant, v. 457 Schenectady Avenue, Inc., et al., Defendants. In the Matter of New York Water Service Corporation, Respondent; Edward W. McMahon, as Receiver, Appellant.
    (Submitted January 9, 1933;
    decided January 17, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 119.)


text:
    Michael Digelormo, as Administrator of the Estate of Gelardo Digelormo, Deceased, Respondent, v. Benjamin J. Weil et al., Appellants, Impleaded with Another.
    (Submitted January 9, 1933;
    decided January 17, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 192.)


text:
    The People of the State of New York ex rel. John D. Ryan, Appellant, v. Thomas M. Lynch et al., Constituting the State Tax Commission, Respondents.
    (Submitted January 9, 1933;
    decided January 17, 1933.)

      John J. Bennett, Jr., Attorney-General (John T. Cahill of counsel), for motion.

      Wayne Johnson opposed.
   Motion denied, without costs, with leave to renew on argument.


text:
    Briarcliff Lodge Hotel, Inc., Respondent, v. Citizen-Sentinel Publishers, Inc., et al., Appellants. Briarcliff Lodge Hotel, Inc., Respondent, v. Tarrytown Daily News, Inc., et al., Appellants. Briarcliff Lodge Hotel, Inc., et al., Respondents, v. Westchester Newspapers, Inc., et al., Appellants. Briarcliff Lodge Hotel, Inc., et al., Respondents, v. The Yonkers Statesman Corporation, Appellant.
    (Submitted January 9, 1933;
    decided January 17, 1933.)
   Motions for reargument denied, with ten dollars costs and necessary printing disbursements in one motion. (See 260 N. Y. 106.)


text:
    H. C. Hemingway and Company, Respondent, v. William J. Norcross, Appellant.
    (Submitted January 9, 1933;
    decided January 17, 1933.)

      Harry H. Hartman for motion.
    No one opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    In the Matter of International Superpower Corporation et al., Respondents. Empire Power Corporation, Appellant.
    (Argued January 9, 1933;
    decided January 24, 1933.)

      Stephen Callaghan for appellant.

      Manfred W. Ehrich, Alfred J. Jaretski, Jr., and Benjamin M. Robinson for respondents.
   Order affirmed, with costs; and question certified answered in the affirmative. No opinion.

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


text:
    In the Matter of Albertina Realty Company, Respondent. Jacob R. Schiff et al., Doing Business as Schiff, Dorfman & Stein, Appellants.
    (Argued January 9, 1933;
    decided January 24, 1933.)

      Samuel W. Dorfman and Jacob R. Schiff, appellants in person.

      Charles H. Tuttle for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    John O. Nelson, Appellant, v. Civil Service Commissioner et al., Respondents.
    (Argued January 9, 1933;
    decided January 24, 1933.)

      John 0. Nelson, appellant, in person.

      Arthur J. W. Hilly, Corporation Counsel (Henry J. Shields and J. Joseph Lilly of counsel), for respondents.
   Appeal dismissed, with costs, on the ground the order is not appealable; no opinion. (See 261 N. Y. 620.)

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


text:
    In the Matter of the Elimination of the Grade Crossing at Carman in the Town of Rotterdam, over the Tracks of The New York Central Railroad Company, Respondent. Town of Rotterdam et al., Appellants; Public Service Commission et al., Respondents.
    (Argued January 9, 1933;
    decided January 24, 1933.)

      Richmond D. Moot and Roy W. Peters for appellants.

      Kenneth Créble for The New York Central Railroad Company, respondent.

      Charles G. Blakeslee and Sherman C. Ward for Public Service Commission, respondent.

      John J. Bennett, Jr., Attorney-General (Leon M. Lay den of counsel), for State Department of Public Works, respondent.
   Appeal dismissed, with costs, on the ground that the proceeding does not directly involve the construction of Tie Constitution of the State or of the United States. No opinion.

Concur: Pound, Ch. J., Grane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ.


text:
    Edwin B. Hirschberg, Respondent, v. Jacques H. Hecht, Appellant.
    (Submitted January 9, 1933;
    decided January 24, 1933.)

      Edwin R. Wolff for appellant.

      Felix M. Rosenstock for respondent.
   Order affirmed, with costs, and question certified answered in the affirmative. No opinion.

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


text:
    In the Matter of the Claim of Karl Schaubel, Respondent, against Simons, Stewart & Foy, Inc., et al., Appellants. State Industrial Board, Respondent.
    (Submitted January 10, 1933;
    decided January 24, 1933.)

      William E. Lyons and Barnett Cohen for appellants.

      John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin and Isaac Frank of counsel), for State Industrial Board, respondent.
   Order of the Appellate Division reversed and claim for death benefits dismissed, with costs against the State Industrial Board on the ground that the award does not come under the provisions for death benefits for alien dependents provided for by section 17 of the Workmen’s Compensation Law. No opinion.

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


text:
    In the Matter of the Claim of John Anttonen, Respondent, against Laakso Builders, Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued January 10, 1933;
    decided January 24, 1933.)

      Dickinson S. Talley for appellants.

      John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin and Isaac Frank of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of James W. Cross against John P. Whittley, Respondent. State Industrial Board, Appellant.
    (Argued January 10, 1933;
    decided January 24, 1933.)

      John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin and Isaac Frank of counsel), for appellant.

      Andrew Wright Lent for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Albert Wedemeier, Respondent, v. Mavis Bottling Company of New York, Appellant, and United States Casualty Company, Respondent. State Industrial Board, Respondent.
    (Argued January 10, 1933;
    decided January 24, 1933.)

      Warren A. Schenck and John W. Ingram for Mavis Bottling Company of New York, appellant.

      John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin and Isaac Frank of counsel), for State Industrial Board, respondent.

      John S. Breckinridge, William U. Hotchkiss and William Butler for United States Casualty Company, respondent.
   Order affirmed, with costs to the insurance carrier; no opinion.

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


text:
    In the Matter of the Claim of Howard Humphrey, Respondent, against Tietjen & Steffin Milk Co., Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued January 10, 1933;
    decided January 24, 1933.)

      Robert E. Dineen for appellants.

      R. S. Johnson and. Smith Johnson for respondent.

      John J. Bennett, Jr., Attorney-General, for State Industrial Board, respondent.
   Order affirmed, with costs, and questions certified answered in the affirmative. No opinion.

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


text:
    In the Matter of the Claim of Abraham Ingberg, Respondent, against Samuel Zimmerman, Respondent, and Norwich Union Indemnity Company, Appellant. State Industrial Board, Respondent.
    (Submitted January 10, 1933;
    decided January 24, 1933.)

      Jeremiah F. Connor for appellant.

      John J. Bennett, Jr., Attorney-General (William W. Dimmich and Samuel I. Israel of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Mary Leary, Appellant, against M. J. Daley & Co., Inc., et al., Respondents. State Industrial Board, Respondent.
    (Submitted January 10, 1933;
    decided January 24, 1933.)

      William T. Welden for appellant.

      Clarence B. Tippett for American Mutual Liability Insurance Company.

      Francis J. MacIntyre for M. J. Daley & Co., Inc., respondent.

      John J. Bennett, Jr., Attorney-General {Joseph A. McLaughlin and Isaac Frank of counsel), for State Industrial Board, respondent.
   Order reversed, with costs in all courts, and claim remitted to State Industrial Board to make an award on the ground that the work outside the State was an incident of the employment within the State. (Matter of Cameron v. Ellis Construction Co., 252 N. Y. 394; Matter of Smith v. Aerovane Utilities Corp., 259 N. Y. 126.) No opinion.

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


text:
    Theodore Parnell, an Infant, by Matthew Parnell, His Guardian ad Litem, Respondent, v. Holland Furnace Company et al., Appellants. Matthew Parnell, Respondent, v. Holland Furnace Company et al., Appellants.
    (Submitted January 16, 1933;
    decided January 24, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 604.)


text:
    Charles A. Kip et al., as Executors of and Trustees under the Will of George G. Kip, Deceased, et al., Appellants, v. The New York Central Railroad Company et al., Respondents.
    (Submitted January 16, 1933;
    decided January 24, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 692.)


text:
    In the Matter of the Application of Robert T. Hawthorne, Appellant, for Admission to the Bar. The Committee on Character and Fitness for the Second Judicial Department, Respondent.
    (Submitted January 16, 1933;
    decided January 24, 1933.)
   Motion for reargument denied. (See 261 N. Y. 520, 618.)


text:
    Victor Brang, Appellant, v. Margaret Stachnik, Respondent.
    (Submitted January 16, 1933;
    decided January 24, 1933.)

      Charles P. Hallack for motion.

      Joseph Oans opposed.
   Motion denied.


text:
    In the Matter of the Claim of Carrie Clabaugh et al., Respondents, against Howitt-Wood Radio Co., Inc., et al., Appellants. State Industrial Board, Respondent.
    (Submitted January 11, 1933;
    decided January 27, 1933.)

      Jeremiah F. Connor and Peter P. Corcoran for appellants.

      John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin and Isaac Frank of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Charles Breitel, Appellant, against Samuel Hinderstein et al., Doing Business as Hinderstein Bros., et al., Respondents. State Industrial Board, Appellant.
    (Argued January 11, 1933;
    decided January 27, 1933.)

      Henry L. Redner for claimant-appellant.

      John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin and Isaac Frank of counsel), for State Industrial Board, appellant.

      William S. Sinclair, James J. Mahoney and George J. Stacy for respondents.
   Order afiirmed, with costs against State Industrial Board; no opinion.

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


text:
    In the Matter of the Claim of Rose M. Doulin, Appellant, against City of Saratoga Springs et al., Respondents. State Industrial Board, Appellant.
    (Argued January 11, 1933;
    decided January 27, 1933.)

      John F. Doyle for claimant-appellant.

      John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin and Isaac Frank of counsel), for State Industrial Board, appellant.

      Merton D. Meeker for respondents.
   Order affirmed with costs against the State Industrial Board; no opinion.

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


text:
    In the Matter of the Estate of Henry C. Pierce, Deceased. Clay A. Pierce, Individually and as Administrator of Henry C. Pierce, Deceased, Appellant and Respondent; State Tax Commission, Respondent and Appellant.
    (Submitted January 11, 1933;
    decided January 27, 1933.)

      James R. Deering and James J. Dunn for Clay A. Pierce, appellant and respondent.

      Jacob Manicoff and Thomas P. McLaughlin for State Tax Commission, respondent and appellant.
   Order affirmed, without costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Randolph Neuman, Appellant.
    (Argued January 11, 1933;
    decided January 27, 1933.)

      Alexander Pfeiffer and Louis Flato for appellant.

      Thomas C. T. Crain, District Attorney {Félix C. Bernvenga and Philip A. Donahue of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Leavitt J. Hunt et al., as Executors of Joseph H. Hunt, Deceased, et al, Respondents, v. Velma G. H. Lanehart et al., Defendants, and Hartune Michaelyan, Appellant.
    (Argued January 11, 1933;
    decided January 27, 1933.)

      Harold R. Medina, Rufus C. Van Ahen and Percival 8. Jones for appellant.

      Leavitt J. Hunt and Reese D. Alsop for respondents.
   Judgment affirmed, with costs; no opinion.

Concur; Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ.


text:
    Irene Hart, Respondent, v. The Travelers Insurance Company, Appellant.
    (Argued January 12, 1933;
    decided January 27, 1933.)

      Bernard J. McGlinn and William J. Moran for appellant.

      Frederic G. Rita and Joseph A. Reilly for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    William L. Davis, Jr., Respondent, v. The Equitable Life Assurance Society of the United States, Appellant.
    (Argued January 12, 1933;
    decided January 27, 1933.)

      Peter C. Mann and James D. Ewing for appellant.

      Otho S. Bowling and Wallace E. J. Collins for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Clara Keegan, Respondent, v. Charles H. Hohorst et al., Appellants.
    (Argued January 13, 1933;
    decided January 27, 1933.)

      Daniel Mungall for appellants.

      Thomas A. Shaw, Jay S. Jones and Edward J. Fanning for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Elizabeth Herbold, Respondent, v. F. W. Woolworth Company, Appellant.
    (Argued January 13, 1933;
    decided January 27, 1933.)

      Edmund S. Brown and Harold J. Adams for appellant.

      A. F. Chapin for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Hugh Griffith, Respondent, v. Town of Colesville, Appellant.
    (Submitted January 13, 1933;
    decided January 27, 1933.)

      C. L. Chamberlain for appellant.

      John H. Weidner for respondent.
   Judgment affirmed, with costs; no opinion.

Concur; Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ.


text:
    In the Matter of the Construction of the Will of John T. Rehill, Deceased. Mary R. Rehill et al., Appellants; Alice G. Rehill, as Executrix of John T. Rehill, Deceased, Respondent.
    (Argued January 13, 1933;
    decided January 27, 1933.)

      John W. Davidson and William A. Davidson for appellants.

      James J. Conlin for respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

Concur: Pound, Ch. J., Crane, Lehman, Lellogg, O’Brien, Hubbs and Crouch, JJ.


text:
    John B. Warnock, Appellant, v. Globe and Rutgers Fire Insurance Company of the City of New York, Respondent.
    (Submitted January 23, 1933;
    decided January 27, 1933.)
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 259 N. Y. 662.)


text:
    Belva B. Barrie, Respondent, v. Richard Barrie, Appellant.
    (Submitted January 23, 1933;
    decided January 27, 1933.)

      Guy 0. Walser for motion.

      Sol Rubin opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.

Motion to withdraw appeal denied.


text:
    Mary E. Burrill, Appellant, v. Town of Russia et al., Respondents.
    (Argued November 29, 1932;
    decided February 28, 1933.)

      Charles B. Hane for appellant.

      George H. Bunce for Town of Russia and County of Herkimer, respondents.

      William R. Lee for Town of Trenton, respondent.

      Harry N. Harrington for County of Oneida, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Julius Santiago, Appellant.
    (Argued January 16, 1933;
    decided February 28, 1933.)

      Leon A. Brody, Bert Hamburger and Alfred E. Smith, Jr., for appellant.

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

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


text:
    William W. McLaughlin, Appellant, v. Edward F. McLaughlin et al., Defendants, and Annie V. McLaughlin, Respondent.
    (Submitted January 9, 1933;
    decided February 28, 1933.)

      Jeremiah T. Mahoney and Vincent L. Leibell for appellant.

      I. Gainsburg and Joseph P. Segal for respondent.
   Order affirmed, with costs, on the authority of Rosenberg v. Salomon (144 N. Y. 92). Question certified answered in the negative. No opinion.

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


text:
    Zada M. Lavender, as Administratrix of the Estate of William Lavender, Deceased, Respondent, v. Nettie Lavender, an Infant, by Egbert T. Cross, Her Guardian ad Litem, Appellant.
    (Argued January 17, 1933;
    decided February 28, 1933.)

      D. J. Seubert for appellant.

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

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


text:
    One and Three South William Street Building Corporation, Respondent, v. Gardens Corporation et al., Appellants.
    (Argued January 17, 1933;
    decided February 28, 1933.)

      Yorke Allen, George H. Boyce, Raymond D. Thurber, George A. Arkwright and George B. Hanavan for George H. Boyce et al., appellants.

      Yorke Allen, Louis Dean Speir and John R. Davies for John R. Davies, appellant.

      Chester W. Cuthell and Cyril Hyde Condon for Guyon L. C. Earle, appellant.

      Warner Pyne, Charles E. Russell, Louis MiTlsaps, Vincent A. Catoggio, Jr., and H. Leslie Barker for respondent.
   Judgment affirmed, with costs; no opinion. (See 261 N. Y. 638.)

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


text:
    Standard Accident Insurance Company, Respondent, v. New York Central Railroad Company, Appellant.
    (Submitted January 18, 1933;
    decided February 28, 1933.)

      Noel S. Symons for appellant.

      Fritz Fernow, Ralph M. Andrews and H. Kenneth Haller for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The City of New York, Appellant, v. Caulwal Construction Co., Inc., Respondent.
    (Submitted January 18, 1933;
    decided February 28, 1933.)

      Arthur J. W. Hilly, Corporation Counsel (J. Joseph Lilly, Charles E. Ramsgate and Paul Livoti of counsel), for appellant.

      John J. Walsh for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Rosalyn C. Nash, Respondent, v. James H. Nash, Appellant.
    (Argued January 18, 1933;
    decided February 28, 1933.)

      J. Harlin O’Connell for appellant.

      Maxwell H. Goldstein for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    John J. Kelly, Respondent, v. Xcellent Homes, Inc., Appellant, Impleaded with Another.
    (Argued January 19, 1933;
    decided February 28, 1933.)

      Joseph Joffe and Louis Joffe for appellant.

      Isaac Sargent and Frederick N. Van Zandt for respondent.
   Judgment affirmed, with costs;- no opinion.

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


text:
    Morris Ratett, Respondent, v. James Butler Grocery Company, Appellant.
    (Argued January 19, 1933;
    decided February 28, 1933.)

      William Burr DeLacy and Herman M. Pogul for appellant.

      C. W. Tieknor for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    John W. Rix, Respondent, v. Nathan Siegel, Doing Business as Williamsburg Knitting Mills, Appellant.
    (Argued January 19, 1933;
    decided February 28, 1933.)

      Leo C. Weiler and William E. Lowther for appellant.

      Walter G. Evans, G. Everett Hunt and William G. Walsh for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

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


text:
    Thos. Pipitone, Inc., et al., Respondents, v. Pipitone Sales Corporation et al., Appellants.
    (Argued January 19, 1933;
    decided February 28, 1933.)

      Joseph Joffe and Louis Joffe for appellants.

      Samuel F. Frank for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Harry R. Roeder, Inc., et al., Appellants, v. Otto R. Roeder, Respondent.
    (Argued January 19, 1933;
    decided February 28, 1933.)

      Martin E. Raphael and Irwin Isaacs for appellants.

      Max 'Ornstein and M. W. Markowitz for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Lillian Sarfaty, as Administratrix of the Estate of Sarah Porter, Deceased, Appellant, v. New York City Interborough Railway Company, Respondent.
    (Argued January 19, 1933;
    decided February 28, 1933.)

      John J. McGinty and Joseph C. Thomson for appellant.

      Alfred T. Davison, Frederic W. Frost and Archibald C. Mayo for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    James E. Farrell, as Receiver of the First National Bank in Poultney, Vermont, Respondent, v. Fannie E. White, Appellant.
    (Submitted January 20, 1933;
    decided February 28, 1933.)

      William Sears and Rufus B. Lape for appellant.

      Silas E. Everts for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Morris Rogers, Appellant, v. Helen M. Feinberg, Individually and as Administratrix of the Estate of Samuel Feinberg, Deceased, Defendant, and The Fiegel Corporation, Respondent.
    (Submitted January 20, 1933;
    decided February 28, 1933.)

      Abraham Benedict for appellant.
    No appearance for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Bruno Polewicz and Alexander Kasprzcak, Appellants.
    (Argued January 23, 1933;
    decided February 28, 1933.)

      George W. Riley and Peter A. Schultz for Bruno Polewicz, appellant.

      Burt A. Duquette for Alexander Kasprzcak, appellant.

      Raymond A. Knowles, District Attorney (Harry L. Gilrie and Clarence W. Greenwald of counsel), for respondent.
   Judgment of conviction as to each defendant affirmed; no opinion.

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


text:
    Edna Graham, Appellant, v. Town of Urbana, Respondent.
    (Argued January 23, 1933;
    decided February 28, 1933.)

      Wilbur F. Knapp for appellant.

      Walter S. Drew and James S. Drake, Jr., for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The Fidelity and Casualty Company of New York, Respondent, v. Bankers Trust Company, Appellant, Impleaded with Another. The Fidelity and Casualty Company of New York, Plaintiff, v. Bankers Trust Company, Respondent, and Midwood Trust Company, Appellant.
    (Argued January 23, 1933;
    decided February 28, 1933.)

      William J. McArthur for Bankers Trust Company, appellant in the first above-entitled action, and. respondent in the second above-entitled action.

      Gerald F. Hoyt for Midwood Trust Company, appellant in second above-entitled action.

      Thomas F. Frawley for the Fidelity and Casualty Company of New York, respondent in the first above-entitled action.
   Judgment in each action affirmed, with costs; no opinion.

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


text:
    Ida Rothman, Respondent, v. The City of New York, Appellant.
    (Argued January 23, 1933;
    decided February 28, 1933.

      Arthur J. W. Hilly, Corporation Counsel (Vine H. Smith, Edward A. Gobel and J. Joseph Lilly of counsel), for appellant.

      Thomas J. O’ Neill and Julius Blumenfeld for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    James Dyer, an Infant, by Frances Dyer, His Guardian ad Litem, Respondent, v. Central Savings Bank, Appellant.
    (Argued January 23, 1933;
    decided February 28, 1933.)

      Everett W. Bovard and Henry L. Ughetta for appellant.

      Milton Speiser and Joseph Speiser for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Charles W. Hotaling, Respondent, v. The Village of Cobleskill, Appellant.
    (Argued January 23, 1933;
    decided February 28, 1933.)

      Wallace II. Sidney and Francis S. Smith for appellant.

      Sharon J. Mauhs for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Robert Quelch, an Infant, by Veronica Quelch, His Guardian ad Litem, Respondent, v. Mabel Miller, Appellant, Impleaded with Others.
    (Argued January 24, 1933;
    decided February 28, 1933.)

      Nellie Childs Smith and John D. Lyons for appellant.

      Ellsworth Baker for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The Gardner Motor Company, Inc., Respondent, v. Draeger Shipping Company, Inc., Appellant.
    (Argued January 24, 1933;
    decided February 28, 1933.)

      I. Maurice Wormser and William A. Harden for appellant.

      Edward A. Alexander for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Henrietta Duffy, as Administratrix of the Estate of Bernard Duffy, Deceased, Respondent, v. Italo American Trucking Corporation, Appellant, Impleaded with Another.
    (Argued January 24, 1933;
    decided February 28, 1933.)

      James I. Cuff and Thomas P. O’Malley for appellant.

      Frank L. Tyson and Victor Deutsch for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    William A. Reardon, Appellant, v. The Olympic Theatre Corporation et al., Defendants, and Brayton W. Wood et al., Respondents.
    (Argued January 24, 1933;
    decided February 28, 1933.)

      Gilbert R. Hughes for appellant.

      Willard R. Pratt for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Myra E. Harris, Respondent, v. Esther Moskowitz, Appellant.
    (Argued January 24, 1933;
    decided February 28, 1933.)

      Nellie Childs Smith and John D. Lyons for appehant.

      William G. Costa for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Julius Spiegel, Respondent, v. Joseph A. McCann, Warden of the New York County Penitentiary, Appellant. The People of the State of New York, Appellant.
    (Argued January 25, 1933;
    decided February 28, 1933.)

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

      Sidney Manster and LeRoy Campbell for respondent.
   Order affirmed; no opinion.

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


text:
    Samuel Morgenbesser, Respondent, v. New York Railways Corporation, Appellant, and New York Steam Corporation, Respondent.
    (Argued January 25, 1933;
    decided February 28, 1933.)

      Henry J. Smith and Joseph A. Zelaskow for appellant.

      Harry A. Gair, Isadore Apfel and Joseph R. Apfel for plaintiff-respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Herbert Connellan, Jr., an Infant, by Herbert Connellan, His Guardian ad Litem, Respondent, v. American Can Company et al., Appellants.
    (Argued January 26, 1933;
    decided March 1, 1933.)

      Theodore H. Lord and James B. Henney for appellants.

      David Schenker for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Annie M. Burns, Appellant, v. Thomas J. Crowley, Respondent.
    (Submitted January 26, 1933;
    decided March 1, 1933.)

      William J. Killea and Thomas R. Putsche for appellant.

      Emanuel Tacker and William H. Hickin for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Charles Hertzig, Respondent, v. Paramount Brick Works, Inc., et al., Defendants, and A. M. Hazell, Inc., Appellant.
    (Argued January 26, 1933;
    decided March 1, 1933.)

      Abraham L. Pomerantz, George W. Bristol and Moses Smith for appellant.

      Edwin F. Korkus for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Victor Brang, Appellant, v. Margaret Stachnik, Respondent.
    (Submitted January 27, 1933;
    decided March 1, 1933.)

      Hiram S. Gans, Joseph Gans and C. Arthur Jensen for appellant.

      Charles P. Hallock for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Abraham Norwalk et al., Individually and as Copartners under the Firm Name of Norwalk Bros., Appellants, v. Bernard K. Marcus et al., Defendants, and Bank of United States, Respondent.
    (Submitted January 27, 1933;
    decided March 1, 1933.)

      Irving D. IApkowitz for appellants.

      Arthur Ofner, Warren C. Fielding, Charles F. Preusse and Carl J. Austrian for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Application of The People of the State of New York, by James A. Beha, as Superintendent of Insurance, Respondent, for an Order to Take Possession of the Property of the Northern Insurance Company of Moscow, Appellant.
    (Submitted February 27, 1933;
    decided March 1, 1933.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements, without prejudice to a motion for a reargument of the case in which instructions of the court as to the disposition of the assets may be amplified. (See 255 N. Y. 433; 261 N. Y. 624.)


text:
    In the Matter of the Probate of the Will of Caroline Stern, Deceased. S. Sidney Stern, Appellant; New York Trust Company et al., Respondents.
    (Argued January 26, 1933;
    decided March 7, 1933.)

      Frank H. Hiscock and Benjamin Weiss for appellant.

      Nathan L. Miller and Max L. Schallek for respondents.

      John A. Bell, Jr., as special guardian for Alan Stern et al., infants.
   Order affirmed, with costs, on the authority of Matter of Nicholas (216 App. Div. 399; affd., without opinion, 244 N. Y. 531). No opinion.

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


text:
    In the Matter of the Application of Robert T. Hawthorne, Appellant, for Admission to the Bar. The Committee on Character and Fitness for the Second Judicial Department, Respondent.
    (Submitted February 27, 1933;
    decided March 7, 1933.)
   Motion to amend remittitur granted.

Return of remittitur requested and when returned it will be amended so as to provide that upon the appeal herein the appellant argued and asserted that the final order of the Appellate Division of the Supreme Court for the Second Judicial Department was invalid and unconstitutional, by reason of the provisions of Amendment V and section 1, Amendment XIV of the Amendments to the United States Constitution, which provide that no State shall deprive any person of fife, liberty or property, without due process of law, and, also, by reason of the provisions of said Amendment V of the Amendments to the United States Constitution, which provides, “Nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb.” (See 261 N. Y. 520, 554.)


text:
    In the Matter of the Estate of Patrick McReynolds. Dennis McReynolds et al., Appellants; Ronald McReynolds et al., Respondents.
    (Submitted February 27, 1933;
    decided March 7, 1933.)

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


text:
    Elsie MacD. Saville, Individually and as Ancillary Administratrix of the Estate of Albert J. MacDonald, Deceased, Respondent, v. Robert Sweet et al., Appellants.
    (Submitted February 27, 1933;
    decided March 7, 1933.)

      J. Adam Murphy for motion.

      Emery H. Sykes opposed.
   Motion denied, with ten dollars costs.


text:
    The People of the State of New York ex rel. Louis Weiner, Appellant, v. The Warden of the City Prison of the County of Kings, Respondent.
    (Submitted February 27, 1933;
    decided March 7, 1933.)

      William F. X. Geoghan, District Attorney (Ralph K. Jacobs of counsel), for motion.

      K. Henry Rosenberg opposed.
   Motion granted and appeal dismissed.


text:
    John O. Nelson, Appellant, v. Civil Service Commissioner et al., Respondents.
    (Submitted February 27, 1933;
    decided March 7, 1933.)
   Motion for a reargument denied, with ten dollars costs and necessary printing disbursements. (See 261 N. Y. 540.)


text:
    Melissa E. Austin, as Administratrix of the Estate of Charles Austin, Deceased, Respondent, v. New York Central Railroad Company, Appellant.
    (Submitted February 27, 1933;
    decided March 7, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 616.)


text:
    Farbro Corporation, Respondent, v. A. F. A. Realty Corporation, Appellant, Impleaded with Others.
    (Submitted February 27, 1933;
    decided March 7, 1933.)
   Motion to amend remittitur granted.

Return of remittitur requested and when returned it will be amended by striking therefrom the provision that the complaint be dismissed, with costs, and substituting therefor the provision that a new trial is granted, with costs to the appellant. (See 261 N. Y. 24.)


text:
    Frances Frank, Appellant, v. Louis Leiter et al., Respondents.
    (Submitted February 27, 1933;
    decided March 7, 1933.)

      Howard D. Bailey for motion.

      Crandall Melvin opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, on the ground that the unanimous affirmance of the judgment prevents an appeal to this court and on the record the affirmance of the judgment is unanimous.


text:
    Nannie G. Kaufman, Respondent, v. Empire Trust Company, Appellant, and The Adams Express Company et al., Respondents.
    (Submitted February 27, 1933;
    decided March 7, 1933.)
   Motion for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 389.)


text:
    Samuel A. Telsey, Respondent, v. Calvin-Morris Corporation et al., Defendants, and Hoegger, Inc., Appellant.
    (Submitted February 27, 1933;
    decided March 7, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 456.)


text:
    International Publications, Inc., Appellant, v. Prince G. Matchabelli, Respondent.
    (Submitted February 27, 1933;
    decided March 7, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 451.)


text:
    The City of New York, Plaintiff, v. Bronx County Trust Company, Respondent, and Central Hanover Bank and Trust Company et al., Appellants.
    (Submitted February 27, 1933;
    decided March 7, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 261 N. Y. 64.)


text:
    In the Matter of Margaret M. Byrnes, Respondent. City Bank Farmers Trust Company et al., as Executors of and Trustees under the Will of Harwood Byrnes, Deceased et al., Appellants.
    (Submitted February 27, 1933;
    decided March 7, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 465.)


text:
    The People of the State of New York, Respondent, v. Meyer Rashba, Appellant.
    (Submitted February 27, 1933;
    decided March 7, 1933.)

      Thomas C. T. Crain¡ District Attorney (John C. McDermott of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed. (See 261 N. Y. 714.)


text:
    The People of the State of New York, Respondent, v. Lawrence P. Mingey, Appellant.
    (Submitted February 27, 1933;
    decided March 7, 1933.)

      Thomas C. T. Crain, District Attorney {John C. McDermott of counsel), for motion.
    No one opposed.
   Motion granted and appeal dismissed.


text:
    In the Matter of the Application of The People of the State of New York, by James A. Beha, as Superintendent of Insurance, Respondent, for an Order to Take Possession of the Northern Insurance Company of Moscow, Appellant.
    (Submitted March 6, 1933;
    decided March 7, 1933.)
   Motion for reargument granted for the purpose of hearing arguments on the extension of the provisions of the prior order and case set down for Monday, March 13, 1933. (See 255 N. Y. 433; 261 N. Y. 616.)


text:
    Lojo Realty Company, Inc., Respondent, v. Estate of Isaac G. Johnson, a Corporation, Appellant.
    (Argued January 11, 1933;
    decided March 14, 1933.)

      John Jay McKelvey for appellant.

      Charles Hollender and John H. Unlandherm for respondent.
   Appeal dismissed, with costs, on the ground that the judgment as entered is not a final judgment which disposes of the issues in the action. No opinion.

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


text:
    In the Matter of the Claim of Ray Lind, Respondent, against Harvey Roberts, Employer, and Ætna Life Insurance Company, Appellant. State Industrial Board, Respondent.
    (Argued February 27, 1933;
    decided March 14, 1933.)

      Frank L. Ward for appellant.

      John J. Bennett, Jr., Attorney-General (,Joseph A: McLaughlin and Boy Wiedersum of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Florence Senoff, Respondent, against Savage Arms Corporation et al., Appellants. State Industrial Board, Respondent.
    (Argued February 27, 1933;
    decided March 14, 1933.)

      Frank L. Ward for appellants.

      John J. Bennett, Jr., Attorney-General (.Joseph A. ■McLaughlin and Isaac Frank of counsel), for State Industrial Board, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Sigrid Easer, Respondent, against Charles A. H. Pratt et al., Trustees under the Will of George L. McAlpin, Deceased, et al., Appellants. State Industrial Board, Respondent.
    (Argued February 27, 1933;
    decided March 14, 1933.)

      H. Dudley Bierau for appellants.

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

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


text:
    In the Matter of the Claim of Thomas Mackin, Respondent, against Curran Auto Transport Company et al., Appellants, and John J. Nix et al., Respondents. State Industrial Board, Respondent.
    (Submitted February 27, 1933;
    decided March 14, 1933.)

      Jeremiah F. Connor and John F. Foley for appellants.

      Harold V. Angevine and Grattan B. Shults for John J. Nix et al., respondents.

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

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


text:
    La Verne P. Butts, Plaintiff, v. Valerio Construction Company et al., Defendants; Hartford Accident and Indemnity Company of Hartford, Connecticut, Appellant, and Hercules Cement Corporation, Respondent.
    (Argued February 27, 1933;
    decided March 14, 1933.)

      Talbot M. Malcolm for appellant.

      Michael D. Reilly and Earle W. Lawrence for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubes and Crouch, JJ.


text:
    Robert D. Douglass et al., as Executors of Robert G. Dunn, Deceased, Plaintiffs, v. Mary R. Chisholm et al., Individually and as Executors of Ellen M. Chisholm, Deceased, et al., Defendants. In the Matter of Nellie C. Chisholm et al., as Executors of Walter Chisholm, Deceased, Respondents; Ralph T. Smith et al., Appellants.
    (Argued February 27, 1933;
    decided March 14, 1933.)

      Francis Dean for appellants.

      Benedict S. Bosenfeld for petitioners-respondents.

      Frank T. Warburton for Henry F. Wilson, as executor of Mary R. Chisholm, deceased, respondent.

      Deborah Hanft, I. Edward Baas and Isaac Gluckman for Brown, Wheelock: Harris Vought & Co., respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of Carder Realty Corporation, Appellant, against Frances Perkins, Industrial Commissioner of the State of New York, Respondent.
    (Argued February 28, 1933;
    decided March 14, 1933.)

      Charles B. Sullivan for appellant.

      John J. Bennett, Jr., Attorney-General (Joseph A. McLaughlin of counsel), for respondent.

      Murray Hulbert for Bricklayers’, Masons’ and Plasterers’ International Union of America, amicus curice,

   Order affirmed, with costs; no opinion. (See 261 N. Y. 713.)

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


text:
    William F. Scott, Respondent, v. The Century Indemnity Company, Appellant.
    (Argued February 28, 1933;
    decided March 14, 1933.)

      Alphonse J. D’Auria and William A. Jones for appellant.

      Lewis F. Glaser for respondent.
   Judgment affirmed, with costs, on the authority of Smith v. Columbia Casualty Co. (256 N. Y. 617). No opinion.

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


text:
    Ella Keeney, as Administratrix of the Estate of Charles Keeney, Deceased, Respondent, v. Jesse G. Newton, Appellant.
    (Argued February 28, 1933;
    decided March 14, 1933.)

      Arthur T. Pammenter for appellant.

      H. E. Simpson for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Arthur P. Jackson, Appellant, v. State of New York, Respondent.
    (Submitted March 13, 1933;
    decided March 15, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 261 N. Y. 134.)


text:
    In the Matter of the City of Yonkers, by William Colquhoun, as Commissioner of Public Works, Appellant, against M. E. D. Corporation et al., Respondents.
    (Submitted March 13, 1933;
    decided March 15, 1933.)

      William A. Walsh for motion.

      Leonard G. McAneny, Corporation Counsel, opposed.
   Motion denied, without prejudice to a renewal of the same on the argument of the appeal.


text:
    One and Three South William Street Building Corporation, Respondent, v. Gardens Corporation et al., Appellants.
    (Submitted March 13, 1933;
    decided March 15, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 261 N. Y. 575.)


text:
    Armin Bencoe, Appellant, v. Robert E. McDonnell et al., Respondents.
    (Submitted March 13, 1933;
    decided March 15, 1933.)

      James Marshall for motion.

      William F. TJnger opposed.
   Motion denied. The appellant must present his case to this court upon a case as settled. (Kilmer v. New York Central R. R. Co., 94 N. Y. 495, 496.)


text:
    Florindo S. Polo, Respondent, v. Joseph J. Lordi et al., Appellants.
    (Submitted March 13, 1933;
    decided March 15, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 261 N. Y. 221.)


text:
    J. B. Preston Company, Inc., Appellant and Respondent, v. Raymond J. Funkhouser et al., Doing Business under the Firm Name of R. J. Funkhouser & Company, Respondents and Appellants.
    (Submitted March 13, 1933;
    decided March 15, 1933.)
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 261 N. Y. 140.)


text:
    Philip W. Wrenn et al., Respondents, v. Julius Moskin, Appellant, Impleaded with Another.
    (Submitted March 13, 1933;
    decided March 15, 1933.)

      James 8. Hays for motion.
    No one opposed.
   Motion for substitution and to perfect appeal denied and appeal dismissed on the ground that the appeal does not lie to this court. (See 261 N. Y. 695.)


text:
    The Gramatan National Bank and Trust Company of Bronxville, Appellant, v. County of Westchester et al., Respondents.
    (Argued March 8, 1933;
    decided April 11, 1933.)

      William L. Bumsey for appellant.

      William A. Davidson for County of Westchester, respondent.

      Thomas G. Flaherty, William C. Olsen and Chester B. McLaughlin for Village of Bronxville et al., respondents.
   Order affirmed, with costs, on authority of Peoples National Bank & Trust Company v. County of Westchester (261 N. Y. 342) and question certified answered “ No.” No opinion.

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


text:
    In the Matter of the Accounting of Mary M. Kneeskern, as Administratrix of the Estate of Maggie K. Smith, Deceased. Ollie Kneeskern as Executrix of Mary M. Kneeskern, Deceased, Appellant and Respondent. Fred S. Lathers et al., as Administrators of the Estate of Jonas S. Smith, Deceased, Respondents and Appellants.
    (Argued January 27, 1933;
    decided April 11, 1933.)

      Edward R. Hall for Ollie Kneeskern, as executrix, appellant and respondent.

      T. Cuthell Calderwood for Fred S. Lathers et al., respondents and appellants.
   Order affirmed, without costs; no opinion.

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


text:
    Savoy-Reeland Printing Corporation, Appellant, v. Sawyer-Hornstein, Inc., Respondent, Impleaded with Another.
    (Argued February 28, 1933;
    decided April 11, 1933.)

      William Weisman and Samuel Gottlieb for appellant.

      Stuart K. Brandon and Richard P. Corrigan for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Bank of United States in Liquidation. Melville Boyd, as Trustee in Bankruptcy of Franz Merz, Appellant; Joseph A. Broderick, Superintendent of Banks of the State of New York, Respondent. In the Matter of the Bank of United States in Liquidation. Ann Moore, as Committee of Estate of John Moore, an Incompetent Person, Appellant; Joseph A. Broderick, Superintendent of Banks of the State of New York, Respondent.
    (Argued March 1, 1933;
    decided April 11, 1933.)

      David W. Kahn and Myron K. Wilson for Melville Boyd, as trustee in bankruptcy of Franz Merz, appellant.

      Harold Korzenik and Emanuel A. Obstfeld for Fidelity and Deposit Company of Maryland, amicus curios.

      Edward T. McCaffrey and George K. Shields for Ann Moore, as committee of John Moore, an incompetent person, appellant.

      Leo C. Fennelly, Arthur Ofner, Warren C. Fielding and Carl J. Austrian for respondent.
   Orders affirmed, with costs, on the authority of Matter of Egan (258 N. Y. 334); no opinion.

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


text:
    Leonore Salmon, Respondent, v. Jacques Salmon, Appellant.
    (Argued March 2, 1933;
    decided April 11, 1933.)

      David Klein, Solomon Jacobson and Henry Fluegelman for appellant.

      Lawrence Wiseman and Arthur A. Beaudry for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Joseph P. Toomey, Respondent, v. Hotel Chesterfield, Inc., Appellant.
    (Submitted March 2, 1933;
    decided April 11, 1933.)

      William Dike Reed, John G. Reilly and Bernard 3. Vincent for appellant.

      J. M. Cohen and Thomas C. McDonald for respondent.
   Judgment of the Appellate Division and that of the Trial Term reversed, and new trial granted, with costs to abide the event. Held, that the charge of the court in reference to the city ordinance had no reference to the facts of this case. No opinion.

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


text:
    Estella Cure et al., Respondents, v. Patrick McGovern, Inc., Appellant.
    (Argued March 2, 1933;
    decided April 11, 1933.)

      Bertrand L. Pettigrew for appellant.

      J ay Leo Rothschild, Louis Rivkin and Nathan W. Shapiro for respondents.
   Judgment of the Appellate Division and that of the Trial Term reversed and new trial granted, with costs to abide the event. Held, that no legal liability is established by the evidence in the case. No opinion.

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


text:
    Edward L. Foster, Respondent, v. Hugh Welles, as Trustee in Bankruptcy of the Premier Refining and Manufacturing Company, Appellant.
    (Argued March 2, 1933;
    decided April 11, 1933.)

      W. Earle Costello for appellant.

      James 0. Sebring for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Benjamin Newman, Respondent, v. Meisel-Galland Co., Inc., et al., Defendants, and Abraham Meskin et al., Appellants.
    (Argued March 2, 1933;
    decided April 11, 1933.)

      Leonard-Acker for Abraham Meskin et al., appellants.

      Ethan R. Kayes for Hyman Meisel et al., appellants.

      Emanuel S. Cahn for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Pound, Ch. J., O’Brien, Hubbs and Crouch, JJ.; Crane, Lehman and Kellogg, JJ., dissent as to the judgment against the directors and vote to reverse the same and dismiss the complaint as to them.


text:
    Isadore Robbie, Respondent, v. Simson Wolf, Individually, and as Executor and Trustee under the Will of Emanuel Heilner, Deceased, et al., Appellants.
    (Argued March 3, 1933;
    decided April 11, 1933.)

      Theodore H. Lord and James B. Henney for appellants.

      Herbert Plant and Harold Davis for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Philip Galarneau, an Infant, by Fred Galarneau, His Guardian ad Litem, Respondent, v. Sun Oil Company, Appellant, Impleaded with Others, Defendants.
    (Argued March 3, 1933;
    decided April 11, 1933.)

      John J. Scully for appellant.

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

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


text:
    Wright A. Smith, Appellant, v. Margaret A. Pitts et al., Respondents, Impleaded with Others.
    (Submitted March 3, 1933;
    decided April 11, 1933.)

      Richard E. Heffernan for appellant.

      Andrew J. Hanmer for Margaret A. Pitts, respondent.

      Giles A. Chase for Ida Richardson, respondent.

      John M. Steele for Florence Richardson, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Helen E. Wojtkowiak et al., Respondents, v. The Evangelical Lutheran St. John’s Church of Buffalo, Appellant.
    (Submitted March 3, 1933;
    decided April 11, 1933.)

      Noel S. Symons for appellant.

      Edward H. Wolkind, David Smolák and Jacob Jacobson for respondents.

      Meyer Kraushaar and Jesse Climenko for cemetery corporations, amici curiae.

   Judgment affirmed, with costs; no opinion.

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


text:
    Elias Willner, Respondent, v. Marlboro Syndicate, Inc., Appellant.
    (Submitted March 3, 1933;
    decided April 11, 1933.)

      Leo C. Weiler and William E. Lowther for appellant.

      Samuel Weiss, Jay S. Jones and Arthur H. Love for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. William H. Jackson, Appellant.
    (Argued March 6, 1933;
    decided April 11, 1933.)

      Alan V. Parker and Edmund D. O’Brien for appellant.

      Raymond A. Knowles, District Attorney, for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Jacob Epstein, Appellant.
    (Submitted March 6, 1933;
    decided April 11, 1933.)

      George L. Boches for appellant.

      Donald H. Grant, District Attorney, for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. James R. Ware, Appellant.
    (Argued March 6, 1933;
    decided April 11, 1933.)

      Edward T. Tighe and Le Boy Campbell for appellant.

      Thomas J. Walsh, District Attorney, for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. William Kott, Appellant.
    (Argued March 6, 1933;
    decided April 11, 1933.)

      David P. Siegel, Milton B. Seasonwein and Perry Ausschnitt for appellant.

      Thomas C. T. Crain, District Attorney (Joshua Egelson, of counsel), for respondent.
   Judgment reversed and new trial ordered on the ground that the evidence adduced by the People was insufficient as matter of law to justify the submission of the case to the jury. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Sidney Churgin, Appellant.
    (Submitted March 6, 1933;
    decided April 11, 1933.)

      Robert Diamond, Edward M. Bratter and Noah L. Braunstein for appellant.

      William F. X. Oeoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   • Judgment reversed and information dismissed on the ground that the evidence does not warrant the conviction of the defendant of the crime charged. No opinion.

Concur: Pound, Ch. J., Crane, Lehman, Kellogg, Hubbs and Crouch, JJ.; O’Brien, J., dissents and votes to affirm.


text:
    The People of the State of New York, Respondent, v. Orgie Heath, Appellant. The People of the State of New York, Respondent, v. William Coleman, Appellant.
    (Argued March 6, 1933;
    decided April 11, 1933.)

      Harry Quailer for Orgie Heath, appellant.

      George N. Starke for William Coleman, appellant.

      Thomas C. T. Crain, District Attorney (John C. McDermott of counsel), for respondent.
   In each case appeal dismissed on the ground that the judgment of the Appellate Division is not a final judgment in that the case is sent back to the trial court for resentence and until resentence is pronounced there is nothing that may be reviewed by this court on appeal. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Charles Walker, Appellant.
    (Argued March 6, 1933;
    decided April 11, 1933.)

      Peter P. Smith, John B. Vunk, Robert L. Callahan and George H. Carleton for appellant.

      L. Barron Hill, District Attorney, for respondent.
   Judgment affirmed; no opinion.

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


text:
    Savings Investment and Trust Company, as Substituted Trustee under a Trust Mortgage, Appellant, v. Fidelity and Deposit Company of Maryland et al., Respondents, Impleaded with Another.
    (Argued March 7, 1933;
    decided April 11, 1933.)

      John Godfrey Saxe, Henry C. Burnstine and John H. Johnson for appellant.

      Joseph F. Murray, Thomas E. White and Wallace P. Harvey for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The Associated Master Plumbers of Rochester, Appellant, v. Warnock & Zahrndt, Inc., et al., Respondents.
    (Argued March 7, 1933;
    decided April 11, 1933.)

      J. Emmett O’Brien for appellant.

      Merle Lewis Sheffer for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    American Surety Company of New York, Appellant, v. William J. Fallon et al., Respondents.
    (Argued March 8, 1933;
    decided April 11, 1933.)

      William B. Butler and Wilham E. Magee for appellant.

      William J. Dawley and Livingston Smith for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Antonio Lopez, Appellant.
    (Argued March 8, 1933;
    decided April 11, 1933.)

      William Power Maloney, Thomas Jefferson Ryan, Samuel J. Duboff and Irving A. Oremland for appellant.

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

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


text:
    James Connors, Appellant, v. The Delaware and Hudson Company, Respondent.
    (Argued March 8, 1933;
    decided April 11, 1933.)

      A. E. Gold for appellant.

      Joseph Bosch, Harvey D. Hinman and J. L. Fitzgerald for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Earl Schlenker, Appellant.
    (Argued March 9, 1933;
    decided April 11, 1933.)

      Melvin Greene for appellant.

      Glenn W. Woodin, District Attorney, for respondent.
   Judgment reversed and new trial granted on the ground that the evidence was insufficient in law to warrant a conviction. No opinion.

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


text:
    James A. Woodward et al., Copartners under the Firm Name of Moyse & Holmes, Appellants, v. Abe Schiff, Respondent.
    (Argued March 9, 1933;
    decided April 11, 1933.)

      B. F. Norris and Frank R. Pitt for appellants.

      David J. Colton for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Edward Schroeder, Respondent, v. Rodney Hitt et al., Copartners under the Firm Name of Hitt, Farwell & Co., Appellants.
    (Submitted March 9, 1933;
    decided April 11, 1933.)

      Roger Hinds and George E. Walton for appellants.

      Alfred Ekelman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Fifty-second Street Operating Corporation, Respondent, v. Regus Realty Corporation, Appelant, Impleaded with Others, Defendants.
    (Argued March 9, 1933;
    decided April 11, 1933)

      Edward S. Wachsman, Samuel Davis and Samuel Lax for appellant.

      Floyd M. Grant for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    Mary A. May, as Administratrix of the Estate of Guy May, Deceased, Respondent, v. City of Buffalo, Appellant, Impleaded with Another.
    (Argued March 10, 1933;
    decided April 11, 1933.)

      Charles L. Feldman, Corporation Counsel (Bart J. Shanahan of counsel), for appellant.

      Henry Jadd, Harold J. Tillou and Solomon Tully for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Mary B. Roe, as Executrix of S. Wallace Roe, Deceased, Appellant. Agnes J. Welch, Respondent.
    (Argued March 10, 1933;
    decided April 11, 1933.)

      Michael D. Reilly and Joseph Besch, Jr., for appellant.

      Newton B. VanDerzee and Ogden Stevens for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Peter Serafin, Appellant, v. Sarah A. Barnum, Respondent.
    (Argued March 10, 1933;
    decided April 11, 1933.)

      Frank H. Hiscock, Nathan Weinberg and Benjamin Weiss for appellant.

      Theodore H. Lord, Walter G. Evans and Alfred W. Andrews for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of the Accounting of Anna Ehlert et al., as Administratrices with the Will Annexed of Conrad Hammer, Sr., Deceased, Appellants. The Marine Trust Company of Buffalo, Respondent.
    (Argued March 13, 1933;
    decided April 11, 1933.)

      George C. Riley for appellants.

      Daniel J. Kenefick, Thomas R. Wheeler and Fritz Fernow for respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

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


text:
    In the Matter of the Claim of John Kellerman, Respondent, against John A. Most, Respondent, and United States Casualty Company, Appellant. State Industrial Board, Respondent.
    (Submitted March 14, 1933;
    decided April 11, 1933.)

      John S. Breckinridge, William H. Hotchkiss and William Butler for appellant.

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

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


text:
    In the Matter of the Claim of Lulu Brooks, Respondent, against Owen P. Williams Construction Company, Inc., et al., Appellants. State Industrial Board, Respondent.
    (Argued March 14, 1933;
    decided April 11, 1933.)

      William Warren Dimmiclc for appellants.

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

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


text:
    In the Matter of The Greater City Surety and Indemnity Corporation, Respondent, against Charles W. Berry, Comptroller of the City of New York, Appellant.
    (Argued March 14, 1933;
    decided April 11, 1933.)

      Arthur J. W. Hilly, Corporation Counsel (J. Joseph Lilly, Henry J. Shields and George H. Cowie of counsel), for appellant.

      Edward McLoughlin and Paul Taylor for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Portland Seed Company, Respondent, v. Gustav F. Herbst et al., Individually and as Copartners under the Firm Name of Herbst Brothers, et al., Appellants.
    (Argued March 14, 1933;
    decided April 11, 1933.)

      Jabish Holmes, Thomas M. Healy and Maurice Smith for appellants.

      Frederick T. Case for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of J. Fred Johnson, Respondent, against Patrick J. Brearton, as Commissioner of Public Works of the City of Schenectady, et al., Appellants.
    (Argued March 14, 1933;
    decided April 11, 1933.)

      Mathias P. Poersch, Corporation Counsel (.McDonald King, of counsel), for appellants.

      George A. Marcus for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Miguel Rugama, Appellant.
    (Argued March 15, 1933;
    decided April 11, 1933.)

      David Shivitz, Louis Lefkowitz and Bernard Reiss for appellant.

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

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


text:
    The People of the State of New York, Respondent, v. Stephen R. Witherill, Appellant.
    (Submitted April 10, 1933;
    decided April 12, 1933.)

      William D. Ingram, District Attorney, for motion.

      Saul Kauffman opposed.
   Motion to dismiss appeal or for substitution of an attorney for the appellant denied. Case set down for argument on April 17, 1933.


text:
    Sadie Duffy, Respondent, v. Henry E. Boehringer et al., Appellants.
    (Submitted March 9, 1933;
    decided April 18, 1933.)

      Max L. Bothenberg and Max M. Hirson for appellants.

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

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


text:
    Barclays Bank, Limited, Respondent, v. The Bank of United States, Appellant.
    (Submitted March 10, 1933;
    decided April 18, 1933.)

      Arthur Ofner, Warren C. Fielding, Walter Bishop and Carl J. Austrian for appellant.

      Gerhard B. Gerhard, T. F. D. Haines and Lee J. Perrin for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Carlo Santini, as Administrator of the Estate of Louis Santini, Deceased, Respondent, v. Sun Printing and Publishing Association, Inc., Appellant, Impleaded with Another.
    (Argued March 14, 1933;
    decided April 18, 1933.)

      John P. Carson and William A. Earl for appellant.

      Victor Deutsch and Isidore Koeppel for respondent.
   Judgments reversed and complaint dismissed, with costs in all courts. Held, that there is no evidence that the driver was the employee of the corporation. No opinion.

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


text:
    Anna M. Sweeny, Appellant, v. May C. Wait, Respondent.
    (Argued March 15, 1933;
    decided April 18, 1933.)

      Thomas J. P. Cawley, Wyman S. Bascom and Thomas V. Kenney for appellant.

      James McPhillips and Franklin A. Dobbs 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, on the ground that, even assuming the existence of a policy covering the case, a question of fact was * involved as to whether notices thereof were properly posted. No opinion.

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


text:
    Edward K. Macrum et al., Appellants, v. Richard W. Hawkins et al., Individually, and Constituting the Board of Supervisors of Suffolk County, et al., Respondents.
    (Submitted April 10, 1933;
    decided April 18, 1933.)
   Motion for reargument or to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 261 N. Y. 193.)


text:
    In the Matter of the Claim of Mabel Kretchmer et al., Respondents, against Monroe Union Oil Company, Inc.; Guardian Casualty Company, Respondent, and London Guarantee & Accident Company, Ltd., Appellant. The State Industrial Board, Respondent. In the Matter of the Claim of Ella Rowitz et al., Respondents, against Monroe Union Oil Company, Inc.; Guardian Casualty Company, Respondent, and London Guarantee & Accident Company, Ltd., Appellant. The State Industrial Board, Respondent.
    (Submitted April 10, 1933;
    decided April 18, 1933.)
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 276.)


text:
    The Town of Brookhaven, Appellant, v. Charles J. Williamson et al., Respondents.
    (Argued April 10, 1933;
    decided April 18, 1933.)

      Guy 0. Walser for motion.

      Joseph M. Mesnig opposed.
   Motion denied, with ten dollars costs.


text:
    Harold Wacenske, Appellant, v. Merchants Despatch Transportation Company, Defendant. Franklin H. Smith et al., Copartners under the Firm Name of Webster & Smith, Respondents.
    (Submitted April 10, 1933;
    decided April 18, 1933.)

      Franklin H. Smith for motion.

      William L. Clay opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    William Kunkel, Appellant, v. Munson Inland Water Lines, Inc., Respondent.
    (Argued April 10, 1933;
    decided April 18, 1933.)

      Edwin M. Bohm for motion.

      James C. Gray opposed.
   Motion granted on payment of taxable costs and ten dollars costs of motion.


text:
    Harvard Financial Corporation, Respondent, v. Greenblatt Construction Co., Inc., et al., Defendants; Staley Elevator Co., Inc., Appellant, and The Bowery Savings Bank, Respondent.
    (Submitted April 10, 1933;
    decided April 18, 1933.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 261 N. Y. 169.)


text:
    Armin Bencoe, Appellant, v. Robert E. McDonnell et al., Respondents.
    (Argued April 10, 1933;
    decided April 18, 1933.)

      William F. Unger for motion.

      James Marshall opposed.
   Motion denied, with ten dollars costs.


text:
    People ex rel. Lillie M. Holt, Appellant, v. Lillian Lambert et al., Respondents.
    (Submitted April 10, 1933;
    decided April 18, 1933.)

      Henry Salitan for motion.

      Nathaniel Ellenbogen opposed.
   Motion denied.


text:
    Philip W. Wrenn et al., Respondents, v. Julius Moskin, Appellant, Impleaded with Another.
    (Submitted April 10, 1933;
    decided April 18, 1933.)
   Per Curiam.

The decision of the Appellate Division is for the purpose of the appeal to be regarded as one of modification. All other questions of jurisdiction reserved until the hearing of the appeal.


text:
    Village of Mill Neck, Appellant, v. Town of Oyster Bay et al., Respondents.
    (Submitted April 10, 1933;
    decided April 18, 1933.)
   Motion for a reargument or to amend remittitur denied with ten dollars costs and necessary printing disbursements. (See 261 N. Y. 252.)


text:
    Francis E. de Raismes, Respondent, v. Harold L. R. Thomas et al., Appellants.
    (Submitted April 10, 1933;
    decided April 18, 1933.)
   Motion to amend remittitur denied, with ten dollars costs and necessary printing disbursements. (See 260 N. Y. 272, 698.)


text:
    George L. Reed, as Administrator of the Estate of Edson M. Reed, Deceased, Appellant, v. The New York Central Railroad Company, Respondent.
    (Argued April 10, 1933;
    decided April 18, 1933.)

      Francis E. Cullen for motion.

      R. E. Morris opposed.
   Motion denied on payment of ten dollars costs to respondent.


text:
    Land Finance Corporation, Appellant, v. Frank Giorgio, Jr., as Trustee in Bankruptcy of Nox Realty Corporation, Respondent.
    (Submitted April 10, 1933;
    decided April 18, 1933.)

      Robert Dctru for motion.

      Leopold Blumberg opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.


text:
    Austin Herzell, Appellant, v. Alfred T. Smith, Respondent.
    (Submitted April 17, 1933;
    decided April 18, 1933.)

      George A. Timone for motion.

      George I. Swetlow opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant on or before April 20, 1933, perfects appeal by filing bond, in which event motion is denied.


text:
    Morris J. Greene, on Behalf of Himself and Others, Appellant, v. New York United Hotels, Inc., Respondent, Impleaded with Another.
    (Argued April 10, 1933;
    decided April 25, 1933.)

      Samuel Hoffman for appellant.

      Hiram C. Todd and Clifton Cooper for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Robert F. Wagner, as Receiver of Lincoln Building, et al., Appellants, v. Manufacturers Trust Company, Respondent.
    (Argued April 10, 1933;
    decided April 25, 1933.)

      Harrison Tweed, William M. Evarts and William W. Crosskey for appellants.

      Louis Connick for respondent.
   Order affirmed, with costs. First question certified answered in the negative. Second and third questions not answered. No opinion.

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


text:
    In the Matter of the Claim of John Mallory, Respondent, against American Bridge Company, Appellant. State Industrial Board, Respondent.
    (Argued April 10, 1933;
    decided April 25, 1933.)

      Benjamin P. Wheat and Kenneth B. Halstead for appellant.

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

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


text:
    In the Matter of the Claim of Luis Hernandez, Respondent, against Harry Weinstock et al., Appellants, and The Fidelity and Casualty Company of New York, Respondent. State Industrial Board, Appellant.
    (Argued April 10, 1933;
    decided April 25, 1933.)

      George I. Gross, Abraham Kaplan, Milton Adler and Samuel A. Berger for Harry Weinstock et al., appellants.

      John J. Bennett, Jr., Attorney-General (John R. O’Hanlon of counsel), for State Industrial Board, appellant.

      Herbert F. Diamond and Thomas D. Kenney for Fidelity and Casualty Company of New York, respondent.

      Francis P. Burns for Luis Hernandez, respondent.
   Order affirmed, with costs; no opinion.

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


text:
    In the Matter of the Claim of Louis Cole against Gold Medal Cone Company et al., Respondents. State Industrial Board, Appellant.
    (Submitted April 10, 1933;
    decided April 25, 1933.)

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

      John S. Breckinridge, William H. Hotchkiss and William Butler for respondents.
   Order affirmed, with costs against the State Industrial Board; no opinion.

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


text:
    In the Matter of the Claim of William J. McGlade against The New York Central Railroad Company, Respondent. State Industrial Board, Appellant.
    (Argued April 11, 1933;
    decided April 25, 1933.)

      John J. Bennett, Jr., Attorney-General (Henry Epstein, Joseph A. McLaughlin and Hector A. Robichon of counsel), for State Industrial Board, appellant.

      Robert E. Whalen for respondent.
   Order affirmed, with costs against State Industrial Board; no opinion.

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


text:
    In the Matter of Meyer Chizner, Appellant, against William E. Walsh et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents.
    (Submitted April 11, 1933;
    decided April 25, 1933.)

      Reginald S. Hardy and Edward L. Kelly for appellant.

      Arthur J. W. Hilly, Corporation Counsel («/. Joseph Hilly, Henry J. Shields and Martin H. Murphy of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    James H. Hayes et al., as Executors of William D. N. Perine, Deceased, Appellants, v. George A. Wightman, Respondent.
    (Argued April 11, 1933;
    decided April 25, 1933.)

      James Henry Hayes and Alvah H. Combs for appellants.

      Lloyd Paul Stryker and Harold Shapero for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The Chase National Bank of the City of New York, Respondent, v. Everett B. Sweezy et al., Respondents, and Nathaniel F. Glidden et al., on Behalf of Themselves and Others, Appellants.
    (Argued April 11, 1933;
    decided April 25, 1933.)

      Daniel Burke, Arthur V. McDermott and James Bundy Burke for appellants.

      William Dean Embree, Lawrence Bennett and Albert E. Nuelsen for the Chase National Bank of the City of New York, respondent.

      Graham Smarter and Albert Stickney for the Bader Securities Company et al., .respondents.

      David Paine and Hugh L. Thomson for Antest Corporation, respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    David H. Levine et al., Copartners under the Firm Name of David H. Levine Bedding Company, Respondents, v. Atlas Assurance Company, Ltd., of London, England, et al., Appellants.
    (Submitted April 11, 1933;
    decided April 25, 1933.)

      Almond D. Fisk and Anthony J. Busicco for appellants.

      Alfred B. Nathan and Louis Sanders for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Samuel Goldstein, Appellant, v. Julius E. Schick et al., Respondents.
    (Submitted April 17, 1933;
    decided April 25, 1933.)

      Lloyd B. Ranter for motion.

      Bennett E. Siegelstein opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements.


text:
    In the Matter of Carder Realty Corporation, Appellant, against Frances Perkins, Industrial Commissioner of the State of New York, Respondent.
    (Submitted April 17, 1933;
    decided April 25, 1933.)
   Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended to read as follows: “ Order affirmed, with costs. This affirmance is without prejudice to any application by petitioner to the Industrial Commissioner for a new determination upon proof of a change in the prevailing rate of wages for bricklayers in the Town of Poughkeepsie from the rate of $13.20 per day determined in said order to be the prevailing rate of wages of bricklayers.” (See 261 N. Y. 634.)


text:
    The People of the State of New York, Respondent, v. Meyer Rashba, Appellant.
    (Submitted April 24, 1933;
    decided April 25, 1933.)
   Motion to vacate order of dismissal granted and motion for enlargement of time granted and case set down for argument on May 29, 1933. (See 261 N. Y. 623.)


author: Pound, Ch. J.

text:
    The People of the State of New York ex rel. John D. Ryan, Appellant, v. Thomas M. Lynch et al., Constituting the State Tax Commission, Respondents.
    (Submitted April 28, 1933;
    decided May 23, 1933.)

      Wayne Johnson for appellant.

      John J. Bennett, Jr., Attorney-General (John T. Cahill and Edmund C. Collins of counsel), for respondents.
   Pound, Ch. J.

This appeal is taken from a unanimous decision of the Appellate Division, affirming a determination of the State Tax Commission as of right on the ground that the construction of the Constitution of the United States is directly involved therein. - (Civ. Pr. Act, § 588, subd. 1.) A motion has been made to dismiss the appeal on the ground that no such question is directly involved in the decision.

The question sought to be argued is as to the constitutionality of subdivision 7 of section 350 of the Tax Law (Cons. Laws, ch. 60), which reads as follows: The word resident ’ applies only to natural persons and includes for the purpose of determining liability to the tax imposed by this article upon or with reference to the income of any taxable year, any person domiciled in the' state of New' York, and any other person who maintains a permanent place of abode within the state, and spends in the aggregate more than seven months of the taxable year within the state.”

Appellant contends that his legal domicile and residence were in the State of Montana and that the Legislature of the State of New York cannot, by its definition of resident,” make him a resident of the State of New York, taxable on his entire net income, under section 351 of the Tax Law, merely because he “ maintains a permanent place of abode within the state, and spends in the aggregate more than seven months of the taxable year within the state.” This question has not been directly passed upon by the United States Supreme Court. It is asserted that it must be decided in the light of decisions of the Supreme Court of the United States which, it is claimed, have resulted in “ a rule of immunity from taxation by more than one state.” These decisions hold that when the power to levy inheritance taxes is in question, intangibles are properly taxed at the domicile of their owner and are entitled to enjoy an immunity against taxation elsewhere. (Farmers Loan & Trust Co. v. Minnesota, 280 U. S. 204; First Nat. Bank of Boston v. State of Maine, 284 U. S. 312.) But in personal and income taxes domicile plays no necessary part. Residence at a fixed date has determined the liability for the tax. (Bell v. Pierce, 51 N. Y. 12.)

In the case of income taxes the court has said: “As to residents it [the State] may, and does, exert its taxing power over their income from all sources, whether within or without the state, and it accords to them a corresponding privilege of deducting their loses, wherever these accrue. As to non-residents, the jurisdiction extends only to their property owned within the state and their business, trade, or profession carried on therein, and the tax is only on such income as is derived from those sources.” (Shaffer v. Carter, 252 U. S. 37, at p. 57.)

In passing upon the constitutionality of a statute, we are concerned only with its practical general operation, not with the precise effect of descriptive words which may be applied to a given case. (Lawrence v. State Tax Commission, 286 U. S. 276.) The definition of “ resident ” in the Tax Law (supra) presents no constitutional question. The question here is merely whether such definition rests on a fair or substantial basis. This question has no legitimate bearing upon any question raised under the Federal Constitution. The decision depends upon the general operation and effect of the statute. (Shaffer v. Carter, supra, p. 55.)

If Mr. Ryan became a resident within the meaning of the taxing statute, if the word is fairly capable of the meaning the Tax Commission has given it, and the meaning so often given it in income tax legislation, then he had acquired an abode here “of no transient character and so long continued, and so substantial, as to be of a permanent nature ” so that he became a resident for the purposes of taxation within the meaning of the statute. (Bowring v. Bowers, 24 Fed. Rep. [2d] 918, 923; cert, denied, 277 U. S. 608.) The statute in itself is quite valid under the Federal Constitution, as giving a legitimate definition to the word “ resident.”

In a certain sense every question as to the enforcement of a statute involves its constitutionality, but we have repeatedly held that that is not enough. An appeal upon the ground asserted here must present to us directly and primarily an issue determinable only by our construction of the Constitution. The decision below was not necessarily based directly on constitutional grounds. The court might have held merely that the definition of “ resident ” was proper on the facts presented. This is a question of interpretation not of constitutionality. (People ex rel. Curtis v. Kidney, 225 N. Y. 299, 304; People ex rel. Moss v. Supervisors, 221 N. Y. 367, 369; Matter of Haydorn v. Carroll, 225 N. Y. 84, 87.) Although it appears on the record that the Federal question was presented below (Mellon v. O’ Neil, 275 U. S. 212), that is not conclusive on our right to review.

The appeal should be dismissed, without costs, as having been taken without right and without leave.

Crane, Kellogg and Crouch, JJ., concur; Lehman and O’Brien, JJ., dissent and vote for affirmance; Hubbs, J., not sitting.

Appeal dismissed.