author: Rippey, J.

text:
    William J. Wolfson, Appellant, v. Syracuse Newspapers, Inc., Respondent.
    Submitted October 19, 1938;
    decided January 3, 1939.

      Bernard L. Seligman and Benjamin H. Eicoff for appellant.

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

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

Rippey, J.

(dissenting). This is an action to recover damages for libel. At Special Term the amended complaint was dismissed upon motion of defendant made under subdivision 6 of rule 107 of the Rules of Civil Practice on the ground that the causes of action therein set forth were barred by the Statute of Limitations. The Appellate Division, by a divided court, has affirmed the judgment entered thereon. No answer has been interposed. The propriety of the relief granted must be tested by a reading of the complaint alone since the time and occasion are not appropriate for a consideration of the denials and defenses stated in the affidavit accompanying the notice of motion. The time of the commencement of the action is not in dispute.

The first cause of action set out in the amended complaint is based upon libelous articles published in defendant’s newspaper on December 13 and December 16, 1935, respectively, and the second cause of action is based upon a libelous editorial published by defendant on December 16, 1935. The action was commenced on May 7, 1937. At the time those alleged libels were published an action to recover damages therefor must have been commenced within two years from the date of publication. By chapter 327 of the Laws of 1936 (in effect April 8, 1936) it was provided that a cause of action for libel must be commenced within one year after it had accrued, except that in cases where causes of action had previously accrued it must be commenced within two years from the date of accrual and within one year from April 8, 1936. If there were no further allegations in the complaint it would appear from the face of the complaint that prosecution of the action was barred by the foregoing provisions of the statute.

The causes of action here, however, are alleged to rest upon a republication by defendant of the libels continuously from the dates of their original publication to the date of the commencement of the action at its reading room and library which defendant maintained in the same building in which its newspaper was published and as a part of its publishing business and plant. It is alleged that defendant there maintained files of its newspapers containing the libelous articles which it made available to the public and invited the public to peruse. From affidavits read at the Special Term in opposition to the motion it appeared that in March, 1937, one Henry Pine availed himself of the facilities of the library and the invitation of defendant to use the same and then read the libelous articles set up in the complaint. If a republication thereby occurred the Statute of Limitations has not run against the maintenance of the action (Mack, Miller Candle Co. v. Macmillan Co., 239 App. Div. 738; affd., 266 N. Y. 489).

The majority of the Appellate Division affirmed the judgment of the Special Term upon the theory that the papers on file were single copies of the original editions of the newspapers, the dates of the publication of which were the dates when the papers were first put upon the street and sold, and that the maintenance of the papers containing the libels in the files was a mere passive act, a gratuitous courtesy,” without a conscious intent to induce the public or any individual to read the alleged libels ” (254 App. Div. 211, 212), and not a conscious affirmative act constituting a republication for which the defendant would be hable, and suggests that plaintiff may have procured the alleged republication for the purpose of avoiding the running of the Statute of Limitations. I cannot find support in the allegations of the complaint or in any construction that may reasonably be put upon them to sustain any such theory upon this appeal. We are not interested in whether the alleged republication was solicited or induced by the plaintiff or whether it was procured by the fraudulent contrivance of plaintiff with a view to the commencement of an action. Whether any of those matters, if true, would be available as a defense, either partial or complete, or could be pleaded in mitigation of damages is not before us and should not be considered as a ground for affirmance. We reiterate that we must take the complaint as we find it. Those matters should be left for decision when the occasion requires.

It is alleged that the libelous articles were published of and concerning plaintiff and that they were false. If so, they were, on their face, published of plaintiff in his trade and business and imputed criminal negligence or worse. The articles were libelous per se, malice is presumed and special damage need not be alleged (Fry v. Bennett, 5 Sandf. 54, 63; Byam v. Collins, 111 N. Y. 143, 150; Moore v. Francis, 121 N. Y. 199; Turton v. N. Y. Recorder Co., 144 N. Y. 144). A publisher is chargeable with knowledge of the contents of his publication (Corrigan v. Bobbs-Merrill Co., 228 N. Y. 58, 63, 64; Staub v. Van Benthuysen, 36 La. Ann. 467). No “ conscious intent to induce someone to read the libel need be shown since the publisher may be totally ignorant of the printed libel and still be responsible in damages for its publication. Whoever publishes a libel does so at his peril, and mistake, accident, carelessness and lack of motive or interest in publication or ignorance of its character is no defense (Fox v. Broderick, 14 Irish Com. Law Rep. 453; Corrigan v. Bobbs-Merrill Co., supra; Peck v. Tribune Co., 214 U. S. 185, 189). The alleged passive ” character of the act of the publisher is thus immaterial. An action to recover damages for libel arises and publication is complete when the defamatory words are read by or otherwise communicated to a person other than the defamed either through some direct or indirect act or through carelessness or negligence of the defamer where the person to whom the communication is made understood their purport and meaning and knew to whom they referred (Weidman v. Ketcham, 278 N. Y. 129, 131). “ The making of it known to an individual only is, indisputably, in law, a publishing ” (Rex v. Burdette, 4 B. & Aid. 95, 143).

Bearing in mind the foregoing well-settled propositions, there can be no doubt that the complaint states good causes of action arising out of the original publication of the libels. Neither can there be any doubt that the complaint sufficiently states causes of action for republication. Each subsequent communication or a subsequent reiteration and publication of a libel constitutes a new and complete libel and gives rise to a new and separate cause of action (Cook v. Conners, 215 N. Y. 175, 179; Mack, Miller Candle Co. v. Macmillan Co., supra; Woodhouse v. New York Evening Post, Inc., 201 App. Div. 9; Sharpe v. Larson, 70 Minn. 209). The result cannot be affected by the sometimes asserted rule that when a newspaper is printed and put out on sale that constitutes publication as of the date of printing and first distribution as to the whole world and thereby but one cause of action arises. That has been advanced as a rule of convenience and to avoid a multiplicity of actions, especially applicable to newspapers where a large number of copies of a single edition or printing are put out. In such a case, the number of copies issued and the breadth of the circulation is open for consideration on the question of the amount of damages to be awarded (Bigelow v. Sprague, 140 Mass. 425, 427). It has been asserted that, after the edition of the newspaper is put on sale and the publisher loses all control over the circulation, it would be unreasonable and illogical to hold that the selling of a single copy of that edition at a time subsequent to the date of the printing and distribution of the edition without a new and affirmative act of the publisher or his agent to effect the sale would constitute a new publication. In that case, it is said, the later sale would be the natural and probable result of the original publication (Schoepflin v. Coffey, 162 N. Y. 12). But the keeping on file in its building for public examination dhe files of its newspapers containing the libels was no part of the original publication and sale. The reading of the libels by Pine and consequently their publication were not the necessary, natural and probable result of the original publication. The proximate cause of the injury to plaintiff, occurring in March, 1937, was not the publication in December, 1935. When the publisher placed the printed libels on file it performed a new act entirely different in purpose, character and effect from the original act of printing and distribution; it then placed the libelous articles where they could be found and read and by invitation, in the eyes of the law, procured their reading with exactly the same effect as though the publisher had purposely and personally handed them to the reader and told him to read them. The preservation and holding out for public consumption in the files of the newspaper in its library of the 'sheets containing the libelous matter are not merely a gratuitous courtesy ” but are an open invitation to examine and read. They do not consist of a passive act ” but, on the other hand, they are definitely affirmative in their nature and are an incident of the newspaper publisher’s continuous solicitation of the public good will for its own profit and advantage. The exhibition of the libelous matter or its suppression was within the immediate control of the publisher. If the defendant sold to a person other than the one libeled a copy of the libel even though published many years before and even though it had been induced to do so by the plaintiff, that sale would be sufficient to defeat the plea of the Statute of Limitations (Duke of Brunswick v. Harmer, 14 Q. B. 185; Odgers on The Law of Libel and Slander [6th ed.], p. 493), or had it negligently left the alleged libelous publications on the walls of its building for everyone to see it could not claim that the original publication was the only publication that constituted the libel (Byrne v. Deane, [1937] 1 K. B. 818, 834-838). In principle, those cases are clearly analogous to the case at bar. The fact, if it be a fact, that it is customary for newspaper publishers to keep their files open for public consumption as “a gratuitous courtesy ” gives the defendant no special immunity from liability. By leaving the libels open to the public and inviting the public to read, them the defendant might reasonably anticipate that someone other than the one defamed would see them, read them, understand them, and learn of their application to plaintiff.

Newspapers, as such, have no special or peculiar privilege (Haynes v. Clinton Printing Co., 169 Mass. 512). The publisher has no social, moral or legal duty to the public or to a third person to maintain a reading room containing back files of its newspapers for public consumption or to keep its back files there or elsewhere where they may be examined and perused or to communicate defamatory matter. If it had, it might be absolved from blame if the libelous matter came into the hands of others than the one defamed (Van Wyck v. Aspinwall, 17 N. Y. 190; Fowles v. Bowen, 30 N. Y. 20; Sunderlin v. Bradstreet, 46 N. Y. 188, 193; Byam v. Collins, supra). The rule, by necessity and on principle, is different where public libraries or repositories of reading matter innocently, ignorantly and in good faith receive and hold open for examination and perusal libelous matter published by others (Emmens v. Pottle, 16 Q. B. D. 354; Mallon v. Smith, 9 T. L. R. 621; Martin v. Trustees of British Musuem, 10 T. L. R. 338.) In the Martin case a distinction was made between the publisher who makes sales after the original publication, for he would be liable ' “ on the ground of social policy that if a man chose to sell books or papers he must take the consequence of his acts if he knew that they contained libellous matter,” and the public library, which has a vast public duty cast on the trustees to receive all books sent and purchase others,” and who have no duty to inquire into or to know the character of the books asked for and used by the public (Cf. Corrigan v. Bobbs-Merrill Co., supra). This rule was laid down in the Martin case as a general one, although it appeared in that case that the books were purchased by the trustees under powers received through the duty imposed by the English Copyright Act and were exhibited as required by the statute (26 Geo. II, ch. 22). But, in the case of a circulating library which bought, sold or rented books as a business for private profit, the proprietors would be held responsible as publishers (Vizetelly v. Mudie’s Select Library, Ltd., [1900] 2 Q. B. 170; 69 L. J. Q. B. 645; 16 T. L. R. 352). There is no privilege for newspapers maintaining their own reading room for their own profit and advantage in connection with their business. On the other hand, the public library is in its nature a quasi-public institution which is maintained for the benefit of the public and is not in the business of holding out and distributing publications for profit.

I am of the opinion that the complaint upon its face states good causes of action not barred by the Statute of Limitations.

The judgments appealed from should be reversed, with costs, and the motion denied, with ten dollars costs.


source: Caselaw Access Project

license: Public Domain

text:
    The People of the State of New York, Respondent, v. Thomas J. Bohan, Appellant.
    Argued November 23, 1938;
    decided January 3, 1939.

      James D. C. Murray for appellant.

      Thomas E. Dewey, District Attorney {Felix G. Benvenga, Jacob J. Rosenblum and Ezekiel G. Stoddard of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Maxwell R. Sloane and Jacob Waldorf, Appellants.
    Submitted November 28, 1938;
    decided January 3, 1939.

      Milton Smith for appellants.

      William F. X. Geoghan, District Attorney (Henry J. Walsh of counsel), for respondent.
   As to each defendant: orders affirmed. No opinion.

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


text:
    Lena Luftig et al., Appellants, v. Travelers Insurance Company, Respondent. (Actions Nos. 1 and 2.)
    Argued November 28, 1938;
    decided January 3, 1939.

      Jay Leo Rothschild and Hyman D. Lehrich for appellants.

      Bernard J. McGlinn, Louis P. Galli, William J. Moran and William B. Crowell for respondent.
   In each action: judgment affirmed, with costs. No opinion.

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


text:
    In the Matter of the Probate of the Will of Anthony Hermanowski, Deceased. Boleslaus Hermanowski et al., Appellants; Vincenta Godlewski, Respondent.
    Argued November 28, 1938;
    decided January 3, 1939.

      Charles H. Kelby, Joseph G. Blum, Jacob Jolles, Charles Doyle, Thaddeus Olszewski and Joseph H. Stein for appellants.

      William F. Bleakley, Leo G. Fritz and Edward A. Fay for respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hebbs and Loeghran, JJ. Dissenting: Finch and Rippey, JJ.


text:
    In the Matter of the Will of Mary A. Cooper, Deceased. Natalie C. Jemail et al., Appellants; Marguerite C. Buckbee et al., Respondents.
    Argued November 28, 1938;
    decided January 3, 1939.

      Charles H. Kelby and Elmer W. Maher for appellants.

      Edmund J. Pickup for Marguerite C. Buckbee, respondent.

      Edward O. YJerner and John Edmond Hewitt for George F. Warren, Jr., as trustee, respondent.
   Order affirmed, with costs payable out of the estate; no opinion.

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


text:
    In the Matter of La Bouchere Realty Corporation, Appellant, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents.
    Argued November 28, 1938;
    decided January 3, 1939.

      Frederick L. Kane, Archie H. Samuels and Bernard Sperber for appellant.

      William C. Chanler, Corporation Counsel (James Hall Prothero and Paxton Blair of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    Foreign & Domestic Music Corporation et al., Appellands, v. Societa Anonima Musicale Bixio et al., Respondents, Impleaded with Another.
    Submitted November 29, 1938;
    decided January 3, 1939.

      Henry Pearlman for appellants.

      Mario M. De Optatis for respondents.
   Appeal dismissed, without costs; no opinion.

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


text:
    In the Matter of the Estate of John Matthews, Deceased. Chase National Bank of City of New York, as Executor and Trustee of John Matthews, Deceased, et al., Appellants; Marie D. Matthews, Respondent.
    Argued November 29, 1938;
    decided January 3, 1939.

      Thomas A. Ryan, Wilber Stammler and William Parsons for Chase National Bank of the City of New York, as executor and trustee, appellant.

      Winfield L. Morse and H. H. Morse for Elma Matthews et al., appellants.

      Thomas K. Patterson, special guardian, and Joseph W. Proctor for Rita Matthews et al., infants, appellants.

      Edwin W. Cooney, Edward L. Hunt, Jr., and William T. Maday for respondent.
   Order affirmed, with costs to all parties filing separate briefs payable out of the estate. No opinion.

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


text:
    Los Angeles Investment Securities Corporation, Respondent, v. Alice W. Joslyn et al., Appellants.
    Argued November 29, 1938;
    decided January 3, 1939.

      Robert E. Whalen for Alice W. Joslyn et al., appellants.

      Richard P. White, Jr., for Elsie E. Middendorff et al., appellants.

      Frederic R. Sanborn for John Doane, appellant.

      Frank L. Wiswall and Carl 0. Olson for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Nettie Freedman, Respondent, v. Clinton Court Corporation, Inc., Appellant.
    Argued November 29, 1938;
    decided January 3, 1939.

      Abram, Harpending and C. N. Whitman for appellant.

      Nicholas J. Weldgen for respondent.
   Judgments reversed and complaint dismissed, with costs in all courts. We find no evidence of negligence. No opinion.

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


text:
    The People of the State of New York, Respondent, v. Frank C. Lay, Appellant.
    Argued November 30, 1938;
    decided January 3, 1939.

      Bernard Ii. Fitzpatrick and William James Bell for appellant.

      Charles P. Sullivan, District Attorney (John H. W. Krogmann of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Walter R. McCarthy, Respondent, v. Brooklyn and Queens Transit Corporation, Appellant.
    Argued November 30, 1938;
    decided January 3, 1939.

      Frederick S. Martyn, Raymond D. Thurber and George D. Yeomans for appellant.

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

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


text:
    The People of the State of New York, Respondent, v. Nathan D. Kleigman, Appellant.
    Argued November 30, 1938;
    decided January 3, 1939.

      Murray Kurman for appellant.

      William F. X. Geoghan, District Attorney (Edward H. Levine of counsel), for respondent.
   Judgments reversed and information dismissed. The evidence is insufficient to warrant conviction. No opinion.

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


text:
    William Kaps, an Infant, by Herman Kaps, His Guardian ad Litem, et al., Respondents, v. Consolidated Telegraph and Electrical Subway Company, Appellant.
    Argued November 30, 1938;
    decided January 3, 1939.

      Earl G. Clarke, Thomas H. Beardsley and H. P. Rodman for appellant.

      Rowland H. Long, David D. Glanz and Maurice R. Whitebook for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Max Ginsberg et al., Appellants.
    Argued December 1, 1938;
    decided January 3, 1939.

      Leon A. Cohen, Harry L. Marcus and Herbert L. Maltinr sky for appellants.

      William C. Chanler, Corporation Counsel (Leonard M. Wallstein, Jr., of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    Sadie Burgess et al., Respondents, v. Horn & Hardart Company, Appellant.
    Argued December 1, 1938;
    decided January 3, 1939.

      William B. Davis, Ralph H. Terhune and E. C. Sherwood for appellant.

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

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


text:
    Vernon W. Balzer, Appellant, v. City of New York, Respondent.
    Argued December 1, 1938;
    decided January 3, 1939.

      Louis Hasbrouck Newkirk and Isidor H. Taylor for appellant.

      William C. Chanler, Corporation Counsel (Paxton Blair, Samuel A. Bloom and Charles E. Ramsgate of counsel), for respondent.
   Judgment affirmed, with costs, on the ground that no negligence had been proved. No opinion.

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


text:
    In the Matter of the Claim of John Daly, Respondent, against Board of Elections of City of New York, Respondent, and State Insurance Fund, Appellant. State Industrial Board, Respondent.
    Argued December 1, 1938;
    decided January 3, 1939.

      George J. Hayes and Patrick S. Mason for appellant.

      John J. Bennett, Jr., Attorney-General (Leon Freedman of counsel), for State Industrial Board, respondent.

      William C. Chanter, Corporation Counsel (Paxton Blair and Samuel A. Bloom of counsel), for Board of Elections of City of New York, respondent.
   Order affirmed; with costs; no opinion.

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


text:
    George G. Estes, Respondent, v. Fred J. Slater et al., Appellants. Mary Estes, Respondent, v. Fred J. Slater et al., Appellants.
    Argued December 1, 1938;
    decided January 3, 1939.

      Robert C. Winchell for appellants.

      Paul B. Hanks for respondents.
   In each action: judgment affirmed, with costs. No opinion.

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


text:
    William R. White, as Superintendent of Banks of the State of New York, Respondent, v. Dean G. Crippen, Appellant.
    Argued December 1, 1938;
    decided January 3, 1939.

      Paul B. Hanks for appellant.

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

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Lotjghran and Finch, JJ. Taking no part: Rippey, J.


text:
    June Sargent, an Infant, by Clyde H. Sargent, Her Guardian ad Litem, Respondent, v. Emmett H. Wass, Defendant, and Alva Elnor, Appellant. Clyde H. Sargent, Respondent, v. Emmett H. Wass, Defendant, and Elva Elnor, Appellant. Walter D. Lascell, Jr., an Infant, by Walter D. Lascell, His Guardian ad Litem, Respondent, v. Emmett H. Wass, Defendant, and Alva Elnor, Appellant. Walter D. Lascell, Respondent, v. Emmett H. Wass, Defendant, and Alva Elnor,Appellant.
    Argued December 1,1938;
    decided January 3, 1939.

      Robert C. Winchell for appellants.

      William H. Munson for respondents.
   In each action: judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Rocco Piro, Appellant.
    Argued December 2, 1938;
    decided January 3, 1939.

      Francis T. Findlay for appellant.

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

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


text:
    The City of New York, Respondent, v. National Dredging Company, Appellant, Impleaded with Others.
    Argued December 2, 1938;
    decided January 3, 1939.

      Roger Siddall and Joseph W. Whelan for appellant.

      William C. Chanler, Corporation Counsel (Milton I. Newman and Paxton Blair of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Thomas K. Gilmore, Appellant.
    Argued December 5, 1938;
    decided January 3, 1939.

      Paul Morreale for appellant. •

      Henry Hirschberg, District Attorney (Martin Rosenblum of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Michael Hermanowski, Appellant.
    Argued December 5, 1938;
    decided January 3,1939.

      Nathaniel Pressman and Herbert M. Gross for appellant.

      Fred J. Munder, District Attorney, for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    Miriam H. Mays, Respondent, v. Alexis T. Mays, Defendant, Appellant. Elizabeth M. Wanda, Appellant.
    Argued December 5, 1938;
    decided January 3, 1939.

      Henry D. Valentine for defendant, appellant.

      William A. Hyman for Elizabeth M. Wanda, appellant.

      Maurice Edelbaum and Charles Rothenberg for respondent.
   Judgment affirmed; no opinion.

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


text:
    James C. Van Siclen et al., Respondents, v. Irving T. Bush, Appellant.
    Argued December 5, 1938;
    decided January 3, 1939.

      Arthur Garfield Hays, Alan S. Hays and Lowell M. Birrell for appellant.

      Harold H. Levin for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Moe Henig, as Administrator of the Estate of Pauline Henig, Deceased, Appellant, v. Annette Padgug, Respondent.
    Argued December 6, 1938;
    decided January 3, 1939.,

      Howard Henig for appellant.

      Alexander E. Rosenthal and Irving Segal for respondent.
   Judgment affirmed, without costs; no opinion.

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


text:
    John L. Hayes Construction Company, Inc., Appellant, v. State of New York, Respondent.
    (Claim No. 17785.)
    Argued December 6, 1938;
    decided January 3, 1939.

      I. J. Beaudrias for appellant.

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

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


text:
    In the Matter of the Estate of Thomas H. O’Keefe, Deceased. George O’Keefe, Respondent; William O’Keefe, as Executor of Thomas H. O’Keefe, Deceased, Appellant.
    Argued December 6,1938;
    decided January 3,1939.

      Milton Pinkus for appellant.

      Fred J. Munder, Meyer J. Cantor and Arthur Buxenbaum for respondent.
   Order affirmed, with costs in this court; no opinion.

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


text:
    John Boyce, Respondent, v. Utica Mutual Insurance Company, Appellant.
    Argued; December 6,1938;
    decided January 3,1939.

      Raymond F. Nichols for appellant.

      Stephen V. Lines and John J. Reilly for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Loughran, Finch and Rippey, JJ. Taking ho part: O’Brien, J.


text:
    In the Matter of the Claim of Stanley R. Dann, Respondent, against Town of Veteran et al., Appellants. State Industrial Board, Respondent.
    Submitted December 8, 1938;
    decided January 3, 1939.
   Motion for reargument or to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 461.)


text:
    Robert Wersba, Appellant, v. Equitable Life Assurance Society of the United States, Respondent.
    Argued December 6, 1938;
    decided January 4, 1939.

      Max Shlivek and Martin M. Kolbrener for appellant.

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

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


text:
    United States Casualty Company, Appellant, v. North American Brewing Company, Respondent.
    Argued December 7, 1938;
    decided January 4, 1939.

      Henry Ader McCarthy and William Butler for appellant.

      Byron Clark for respondent.
   Judgment affirmed, with costs; no opinion. _

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


text:
    Jewish Mental Health Society, Respondent, v. Village of Hastings-on-Hudson et al., Appellants. (Action Nos. 1 and 2.) Jewish Mental Health Society, Respondent, v. Town of Greenburgh et al., Appellants. (Action No. 3.)
    Argued December 7, 1938;
    decided January 4, 1939.

      William D. Cunningham and Gerald Fitzgerald for appellants.

      Sidney Newborg and Donald L. Newborg for respondent.
   In each action: judgment affirmed, with costs; no opinion.

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


text:
    Margaret Webster et al., Appellants, v. Grant B. Eustis, Respondent.
    Argued December 7, 1938;
    decided January 4, 1939.

      Harold D. Beatty for appellants.

      Sydney J. Taylor and Lindsay Goeltz for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    The People of the State of New York, Respondent, v. Michael Alex, Appellant.
    Argued December 8, 1938;
    decided January 4, 1939.

      Joseph Lonardo for appellant.

      Thomas E. Dewey, District Attorney (Felix C. Benvenga, Jacob Grumet and Karl Grebow of counsel), for respondent.
   Judgment of conviction affirmed; no opinion.

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


text:
    Fannie Siegel, Appellant, v. Albert H. Atterbury, as Trustee under the Will of Morgan G. Colt, Deceased, Respondent, Impleaded with Others.
    Argued December 8, 1938;
    decided January 4, 1939.

      Samuel Witte and George W. Israel for appellant.

      Taylor More for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    John Holdsworth et al., Copartners Doing Business under the Firm Name of Holdsworth Bros., Appellants, v. Charles T. Wills, Incorporated, Respondent.
    Argued December 8, 1938;
    decided January 4, 1939.

      Harold H. Corbin, Alfred J. Callahan and Charles P. Andrews for appellants.

      Neil P. Cullom, Robert D. Elder and Henry W. Steingarten for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Textile Capitol Building Corporation, Appellant, v. Wendel Foundation, Respondent.
    Argued December 8, 1938;
    decided January 4, 1939.

      Leslie Kirsch and Jerome Weinstein for appellant.

      Harold Harper, George Link, Jr., and Mary Lou Allen for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    John Alleva, as Trustee, Respondent, v. Arthur Tornatore et al., Appellants.
    Argued December 9, 1938;
    decided January 4, 1939.

      J. Elliott Weilhart and John V. Irwin for appellants.

      Garry J. Fury for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Milton S. Estep, as Administrator of the Estate of Minnie L. Estep, Deceased, Respondent, v. John F. Burke, as Receiver of Hamburg Railroad Company et al., Appellants.
    Argued December 9, 1938;
    decided January 4, 1939.

      Alger A. Williams and Charles II. Kendall for appellants.

      J. Lester Kinney and Ralph W. Dox for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Henry Heilbrunn et al., as Executors of Louis Heilbrunn, Deceased, Appellants, v. Nelson S. Kellogg, Individually and as Executor of Homer F. Kellogg, Deceased, Respondent, Impleaded with Others.
    Submitted December 9, 1938;
    decided January 4, 1939.

      Sidney M. Wittner for appellants.

      George S. Mittendorf and Milton B. Friedman for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Nathaniel L. Goldstein, as Receiver of Equitable Merchants Association, Inc., Appellant, v. Brastone Corporation, Defendant, and Hans Brassler et al., Respondents.
    Submitted December 9, 1938;
    decided January 4, 1939.

      Jacob Meadow and Max Bergman for appellant.

      Lloyd F. Thanhouser for respondents.
   Judgment affirmed, with costs; no opinion.

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


text:
    Midfield Realty Corporation, Respondent, v. Ethel M. Trippitelli, Appellant.
    Submitted December 9. 1938;
    decided January 4, 1939.

      Hogarth S. Sweet for appellant.

      Walter S. Ginzler and Martin Ginzler for respondent.

      Walter H. Young and Robert Jackson for New Rochelle Trust Company, amicus curios.

   Judgment affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, Htjbbs, Lotjghran, Finch and Rippey, JJ. Taking no part: O’Brien, J.


text:
    The People of the State of New York, Respondent, v. James J. Sofia, Appellant.
    Submitted December 9, 1938;
    decided January 4, 1939.

      Joseph Schottland for appellant.

      Thomas E. Dewey, District Attorney (Ezekiel G. Stoddard and William P. Rogers of counsel), for respondent.
   Judgment affirmed; no opinion.

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


text:
    The People of the State of New York ex rel. Victor Gariti, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted November 21, 1938;
    decided January 4, 1939.

      John J. Bennett, Jr., Attorney-General (Everett D. Mereness of counsel), for motion.

      Victor Gariti, in person, opposed.
   Motion granted and appeal dismissed.


text:
    The People of the State of New York, Respondent, v. John Fanning, Appellant.
    Submitted December 5, 1938;
    decided January 4, 1939.

      Thomas E. Dewey, District Attorney (Arnold Bauman of counsel), for motion.
   No one opposed.

Motion granted and appeal dismissed.


text:
    In the Matter of Edward F. Tormey et al., Appellants, against Fiorello H. LaGuardia et al., Respondents.
    Submitted January 3, 1939;
    decided January 5, 1939.
   Motion to amend remittitur denied. Upon the record before us we decided that petitioners were entitled to receive, during the period from July 1, 1937, to August 15, 1937, that being the period embraced within the claims filed with the comptroller, at least the per diem salary received at or immediately preceding the date on which their names were placed on the preferred list. The record did not disclose that they were working on an hourly basis. (See 278 N. Y. 450.)


text:
    In the Matter of the Accounting of Hugh M. Hewson, Deceased Committee of Dominick Farina, an Incompetent Person. James F. Donohue, Special Guardian of Dominick Farina, Respondent; George Y. Hewson, as Administrator with the Will Annexed of the Estate of Hugh M. Hewson, Deceased, et al., Appellants.
    Argued November 21,1938;
    decided January 10,1939.

      Thomas E. White, R. Elliott Davis and John M. O’Rourke for appellants.

      James F. Donohue, special guardian, respondent.

      William A. Gillcrist and James A. Clark for Veterans Administration.
   Orders of Appellate Division and of Special Term reversed, with costs in all courts payable out of the estate of the incompetent, and proceedings remitted to the Supreme Court, Westchester county, for entry of appropriate order. (See Matter of Smith, 279 N. Y. 479.)

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


text:
    Byron D. Shultz et al., Appellants, v. Manufacturers and Traders Trust Company, Respondent.
    Argued November 29, 1938;
    decided January 10, 1939.

      C. DeForest Cummings and Joseph B. Ely for appellants.

      Jules C. Randal and David C. Adams for executors of Albert B. Shultz, deceased, amicus curiae.

      Harold R. Medina, Louis L. Babcock, Noel S. Symons and William Gilbert for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    Harold Simmons, Respondent, v. Radio Printing Corporation et al., Defendants, and Ferro Realty Corporation, Appellant.
    Argued December 6,1938;
    decided January 10, 1939.

      F. A. W. Ireland and William, C. Fiest for appellant.

      William A. Hyman and Solomon Rotwein for respondent.
   Judgment affirmed, with costs; no opinion.

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


text:
    In the Matter of Gertrude Epstein, Appellant, against Board of Examiners of Board of Education of City of New York et al., Respondents.
    Submitted January 3,1939;
    decided January 10, 1939.

      Osmond K. Fraenkel for motion.

      William C. Chanler, Corporation Counsel (Seymour B. Quel of counsel), opposed.
   Motion denied, with ten dollars costs and necessary printing disbursements, on the ground that the record presents a question of fact and the court cannot interfere in the exercise of discretion vested in administrative officers.


text:
    Helen Hanstick, an Infant, by Frank Hanstick, Her Guardian ad Litem, Respondent, and Frank Hanstick, Plaintiff, v. H. C. Bohack Co., Inc., Appellant.
    Submitted January 3, 1939;
    decided January 10,1939.
   Motion for reargument denied with ten dollars costs and necessary printing disbursements. (See 279 N. Y. 654.)


text:
    Mendel Joelson, Appellant, v. Jacob Mayers, Respondent, Impleaded with Others.
    Submitted January 3, 1939;
    decided January 10, 1939.

      Manfred Nathan for motion.
   No one opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves undertaking on appeal and pays ten dollars costs within ten days, in which event the motion is denied.


text:
    E. Carlton Foster et al., Appellants, v. George H. R. White, Respondent.
    Submitted January 3, 1939;
    decided January 10, 1939.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 279 N. Y. 38.)


text:
    Claire Simmonds, Appellant, v. Martin L. Sowers et al., Respondents. Claire Simmonds, Appellant, v. Martin L. Sowers, Respondent.
    Argued January 3, 1939;
    decided January 10,1939.

      William C. Chanter, Corporation Counsel (James Hall Prothero and Paxton Blair of counsel), and Reuben Lozner for motions to dismiss appeal and in opposition to cross-motion for leave to appeal.

      Claire Simmonds, in person, in opposition to motions to dismiss appeal and for cross-motion for leave to appeal.
   Motions to dismiss appeal granted and appeal dismissed, with costs and ten dollars costs of motion.

Motion for leave to appeal granted.


text:
    Hazel Cote, as Ancillary Administratrix of the Estate of Joseph A. Cote, Deceased, Respondent, v. Boston and Maine Railroad, Appellant.
    Submitted January 3, 1939;
    decided January 10, 1939.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 278 N. Y. 78.)


text:
    Edward Tymon, Appellant, v. Tyrose Homes, Inc., Respondent, Impleaded with Others.
    Submitted January 3, 1939;
    decided January 10,1939.

      John P. McGrath for motion.
   No one opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant files and serves undertaking on appeal and pays ten dollars costs within ten days, inwhich event the motion is denied.


text:
    The People of the State of New York, Respondent, v. John Hickey, Appellant.
    Submitted January 3,1939;
    decided January 10, 1939.

      John J. Bennett, Jr., Attorney-General (Sol Ullman of counsel), for motion.

      Walter L. Post opposed.
   Motion denied.


text:
    The People of the State of New York, Respondent, v. Vincent Forte, Appellant.
    Submitted January 3, 1939;
    decided January 10, 1939.
   Motion for reargument denied. (See 279 N. Y. 204.)


text:
    Joseph T. Ryerson & Son, Inc., Respondent, v. A. V. O’Donnell, Inc., et al., Defendants, and Jacob Shapiro, Doing Business under the Name of M. Shapiro & Son, Appellant.
    Submitted January 3, 1939;
    decided January 10, 1939.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 279 N. Y. 109.)


text:
    James R. Leal et al., Appellants, v. Westchester Trust Company, in Liquidation under George W. Egbert, as Superintendent of Banks of the State of New York, Respondent.
    Submitted January 3,1939;
    decided January 10,1939.
   Motion to amend the remittitur denied, with ten dollars costs and necessary printing disbursements. (See 279 N. Y. 25.)


text:
    In the Matter of the Accounting of Fifth Avenue Bank of New York, as Executor of Nellie V. Thompson, Deceased. Fifth Avenue Bank of New York, as Executor, et al., Appellants; John Thompson et al., Respondents, Impleaded with Others.
    Submitted January 3, 1939;
    decided January 10,1939.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 279 N. Y. 131.)


author: Per Curiam.

text:
    Anglo-Continentale Treuhand et al., Appellants and Respondents, v. Bethlehem Steel Company, Respondent and Appellant.
    Argued October 10, 1938;
    decided January 11, 1939.

      Harry Hoffman, Clifford R. Schuman and Milton E. Mermelstein for plaintiffs, appellants and respondents.

      Frederick H. Wood, Hoyt A. Moore, William D. Whitney and Robert D. Blasier for defendant, respondent and appellant.
   Per Curiam.

This action is the same in principle as the Zurich Insurance Company case (279 N. Y. 495), decided herewith. In the present litigation the trial justice granted plaintiff’s motion for summary judgment for the amount demanded in the complaint but the Appellate Division modified by reducing the judgment to amounts to conform with the theory that the Joint Resolution of Congress (U. S. Code, tit. 31, § 463) required payment of these coupons in foreign currency in a foreign country based upon the value of United States dollars as depreciated.

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

Crane, Ch. J., Lehman, O’Brien, Loughran and Rippey, JJ., concur; Hubbs and Finch, JJ., dissent.

Judgment accordingly.


text:
    In the Matter of William E. Phillips, Appellant, against John J. McElligott, as Fire Chief and Commissioner of the Fire Department of the City of New York, Respondent.
    Argued January 3, 1939;
    decided January 17, 1939.

      Alfred J. Talley for appellant.

      William C. Chanler, Corporation Counsel (James Hall Prothero and Charles E. Hirsimaki of counsel), for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Emil Mosbacher, Respondent, against Mark Graves et al., Constituting the State Tax Commission, Appellants.
    Argued January 3, 1939;
    decided January 17, 1939.

      John J. Bennett, Jr., Attorney-General {Joseph M. Mesnig of counsel), for appellants.

      Mark Eisner, Ferdinand Tannenbaum and Frederick A. Galloway for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Marie K. Baddour, as Administratrix with the Will Annexed of Raschid S. Baddour, Deceased, Appellant, v. City of Long Beach, Respondent.
    Submitted January 9, 1939;
    decided January 17, 1939.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 279 N. Y. 167.)


text:
    In the Matter of Sara G. Kearns et al., Appellants, against Board of Education of the City of New York, Respondent.
    Submitted January 9, 1939;
    decided January 17, 1939.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 279 N. Y. 61.)


text:
    The People of the State of New York, Respondent, v. Thomas J. McCarthy, Appellant.
    Submitted January 9, 1939;
    decided January 17, 1939.
   Motion for reargument denied. (See 278 N. Y. 561.)


text:
    In the Matter of Edith Britt et al., Respondents, against Paul J. Kern et al., Constituting the Municipal Civil Service Commission of the City of New York et al., Appellants.
    Submitted January 9, 1939;
    decided January 17, 1939.
   Motion for reargument denied, with ten dollars costs and necessary printing disbursements. (See 279 N. Y. 701.)


text:
    In the Matter of Domenick Menick, Respondent, against Henry E. Bruckman et al., Constituting the State Liquor Authority, Appellants.
    Argued January 4, 1939;
    decided January 18, 1939.

      Monroe I. Katcher, II, and Francis V. McHugh for appellants.

      William D. Sporborg, Jr., for respondent.
   Order of Appellate Division reversed and determination of State Liquor Authority of the State of New York confirmed, with costs in this court and in the Appellate Division. There was competent evidence to sustain the findings of the State Liquor Authority. No opinion.

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


text:
    In the Matter of the Accounting of Frank H. Fisher, as Committee of Vincent Volkmar, an Incompetent Person, Respondent; Eugene Raines, as Special Guardian, Appellant.
    Argued January 4, 1939;
    decided January 18, 1939.

      Eugene Baines, as special guardian, in person, for appellant.

      Jacob G. Krouner, Hugh J. O’Brien and Ira H. Morris for respondent.
   Order affirmed, without costs; no opinion.

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


text:
    In the Matter of Guy D. Benedetto et al., Appellants, against Paul J. Kern et al., Constituting the Municipal Civil Service Commission of the City of New York, Respondents.
    Argued January 4, 1939;
    decided January 18, 1939.

      Albert De Roode for appellants.

      William C. Chanler, Corporation Counsel {Seymour B. Quel and Paxton Blair of counsel), for respondents.
   Order affirmed, with costs; no opinion.

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


text:
    The People of the State of New York ex rel. Daniel DiMinno, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted January 4, 1939;
    decided January 18, 1939.

      Daniel DiMinno, in person, for appellant.

      John J. Bennett, Jr., Attorney-General (Edward T. Boyle and Patrick H. Clune of counsel), for respondent.
   Order affirmed; no opinion.

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


text:
    Dorothy I. Heiderman, as Administratrix of the Estate of Henry F. Heiderman, Deceased, Respondent, v. Erie Railroad Company, Appellant.
    Argued January 4, 1939;
    decided January 18, 1939.

      John W. Hollis for appellant.

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

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


text:
    The People of the State of New York ex rel. Alexander Koladish, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted January 4, 1939;
    decided January 18, 1939.

      Alexander Koladish,,in person, for appellant.

      John J. Bennett, Jr., Attorney-General (Patrick H. Clune and Edward T. Boyle of counsel), for respondent. 1
   Order affirmed on the authority of People v. Coleman (264 N. Y. 536). No opinion.

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


text:
    In the Matter of the Application of The People of the State of New York, by George S. Van Schaick, as Superintendent of Insurance, for an Order to Take Possession of the Property and Liquidate the Business of the Lloyds Insurance Company of America. Fidelity & Deposit Company of Maryland, Appellant; Louis H. Pink, Superintendent of Insurance of the State of New York, as Liquidator of Lloyds Insurance Company of America, Respondent.
    Argued January 4, 1939;
    decided January 18, 1939.

      vStewart Maurice for appellant.

      Irvin Waldman and Alfred C. Bennett for respondent.
   Order affirmed, with costs; no opinion.

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


text:
    Alfred J. Loew, Individually and as Police Justice of the Village of Floral Park, Respondent, v. John McNeil et al., Constituting the Board of Trustees of the Village of Floral Park, Appellants.
    Argued January 13, 1939;

    decided January 18, 1939.

      Harold W. W&idner for appellants.

      James H. Greene for Alfred H. Winston, amicus curise.

      Laurence E. Degner for respondent.
   Judgment affirmed; no opinion.

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


text:
    Chase National Bank of the City of New York, Respondent, v. Mary Turner et al., Defendants, and Mark C. Candee et al., Appellants.
    Submitted January 16, 1939;
    decided January 18, 1939.

      Edward F. X. Ryan for motion.

      Mark C. Candee opposed.
   Motion granted and appeals dismissed, with costs, and ten dollars costs of motion.