text:
    Blanche L. Andrews, Resp’t, v. Wm. C. Brewster et al., as Ex’rs, App’lts.

      Wm. Allen Butler, for resp’t; A, R. Dyett, for app’lts.
   Respondent's motion for re-argument denied, without costs. Appellants’ motion to amend remittitur denied, without costs.

See 36 N. Y. State Rep., 412.


source: Caselaw Access Project

license: Public Domain

text:
    Henry G. Hungerford, Resp’t, v. The Syracuse, B. & N. Y. R. R. Co., App’lt.

      Wm. Kennedy, for resp’t; Louis Marshall, for app’lt.
   Judgment affirmed, with costs. All concur, except Follett, Ch. J., not sitting, and Brown, J., absent.

Affirming 19 N. Y. State Rep., 47.


text:
    The Robert Gere Bank, Resp’t, v. Horace Inman, Impl’d, App’lt.

      C. W. Andrews, for resp’t; Peter J. Lewis, for app’lt.
   Judgment affirmed, with costs, and ten per cent by way of damages on the amount of the judgment. All concur.

Affirming 24 N. Y. State Rep., 160.


text:
    Susan Curtis et al., Ex’rs, Resp’ts, v. Moses Hart, Impl’d, App’lt

      John F. Little, for resp’ts; W. A. Sutherland, for app’lt.
   Judgment affirmed, with costs. All concur, except Bradley and Haight, JJ., not sitting.

Affirming 18 N. Y. State Rep., 646.


text:
    Caroline D. Crank, Resp’t, v. The Forty-second St., etc., R. Co., App’lt.

      John D. Townsend, for resp’t; Wm. C. Trull, for app’lt.
   Judgment affirmed, with costs. All concur, except Brown, J., absent.

Affirming 25 N. Y. State Rep., 53.


text:
    William Stanley et al., Resp’ts, v. William Pickhardt et al., App’lts.

      Edwin B. Smith, for resp’ts; C. Bainbridge Smith, for app’lts.
   Judgment affirmed, with costs. All concur, except Brown, J., absent.

Affirming 25 N. Y. State Rep., 1042.


text:
    Alicia Frances Goodwin, Individually and as Adm’r, et al., Resp’ts, v. Thomas O’Brien, App’lt.

      Henry P. Starbuck, for resp’ts; Daniel C. Briggs and Roswell C. Hatch, for app’lt.
   Judgment affirmed, with costs. All concur, except Brown, J., absent.

Affirming 25 N. Y. State Rep., 303.


text:
    Catherine Mallon, Resp’t, v. George S. Wheeler et al., App’lts.

      Josiah T. Marean, for resp’t; A. H. & W. E. Osborn, for app’lts.
   Judgment affirmed, with costs. All concur, except Brown, J., absent.


text:
    Nathan Hill, App’lt, v. Charles Edie, Resp’t.

      W. Woodbury, for app’lt; W. S. Thrasher, for resp’t
   Judgment affirmed, with costs. All concur, except Bradley and Haight, JJ., not sitting.

Affirming 17 N. Y. State Rep., 255.


text:
    Martha E. Fitton, Resp’t, v. The Brooklyn City R. R. Co., App’lt.

      W. W. Goodrich, for resp’t; S. D. Morris, for app’lt.
   Judgment affirmed, with costs. All concur, except Brown, J., absent.

Affirming 25 N. Y. State Rep., 948.


text:
    Richard D. Alliger, Resp’t, v. The Brooklyn Daily Eagle, App’lt.

      Richard S. Newcombe, for resp’t; Wm. H. Dykman, for app’lt.
   Judgment affirmed, with costs. All concur, except Brown, J., absent.

Affirming 25 N. Y. State Rep., 330.


text:
    Filed May 1, 1891.
    Lydia W. Ranken, App’lt, v. Cartright McBride, Resp’t.

      W. W. MacFarland, for app’lt; H. D. Birdsall, for resp’t.
   Judgment affirmed, with costs. All concur, except Brown, J., absent.

Affirming 25 N. Y. State Rep., 955.


text:
    John H. Streeter, App’lt, v. Charles A. Shultz et al., Resp’ts.

      Ch 's. A. Fowler, for app’lt; E. S. Wood, for resp’ts.
   Judgment affirmed, with costs. All concur, except Parker, J., not sitting.

Affirming 10 N. Y. State Rep., 115.


text:
    Julius Leszynsky, Resp’t, v. Samuel H. Leszynsky, App’lt.

      Simon H. Stern, for resp’t; Edward Winslow Paige, for app’lt.
   Judgment affirmed, with costs. All concur.

Affirming 24 N. Y. State Rep., 768.


text:
    Augusta J. Currier, Resp’t, v. The Ogdensburgh & Lake Champlain R. R. Co., App’lt.

      Albert Hobbs, for resp’t; Louis Hasbrouck, for app’lt
   Judgment affirmed, with costs. All concur.

Affirming 25 N. Y. State Rep., 87.


text:
    Ambrose Lee et al., Resp’ts, v. John T. Briggs, App’lt.

      Martin J. Keogh, for resp’ts; Isaac L. Miller, for app’lt.
   Judgment affirmed, with costs. All concur.

Affirming 25 N. Y. State Rep., 512.


text:
    James Cochrane, Resp’t, v. Cacilie Bauer, Impl’d, App’lt.

      James B. Marvin, for resp’t; Donohue, Newcombe & Cardozo for app’lt.
   Judgment affirmed, with costs. All concur.

Affirming 25 N. Y. State Rep., 510.


text:
    The People ex rel. Joel B. Morrison, Resp’t, v. The Board of Sup’rs of Hamilton County, App’lt.

      Clarence W. Smith, for resp’t; John M. Carroll, for app’lt.
   Order affirmed, with costs, upon opinion of general term. All concur.

Affirming 31 N. Y. State Rep., 473.


text:
    Supreme Court—General Term—First Department.
    Filed February 13, 1891
    Thomas B. Gilford, Resp’t, v. The Mayor, etc., App’lt.
   Judgment affirmed, with costs.


text:
    Filed March, 13, 1891.
    In the Matter of James M. Lyddy and William M. Lyddy.
   Reference ordered in respect to the service of papers. Order of reference handed down herewith.


text:
    John Parker et al., Ex'rs, v. Maria Linden et al.

   Motion denied.


text:
    Frederick William Holls, App’lt, v. The Mutual Reserve Fund Life Association, Resp’t.
   Order affirmed, with ten dollars costs and disbursements of appeal


text:
    James W. Cooke et al., Resp’ts, v. The Underhill Manufacturing Co., App’lts.
   Motion denied. It should have been made before


text:
    General Term—Second Department.
    Filed February 9, 1891.
    Harry O. Havemeyer et al. v. The Brooklyn Sugar Refining Co. et al.

   Appeal withdrawn.


author: Dykman, J.

text:
    Thomas Mackey, Resp’t, v. Martin Cuff, App’lt.
   Dykman, J.

There is no merit in this appeal. The action was for trespass on land, the trial was at the circuit, before a jury, and the verdict was for the plaintiff. There was but little dispute about facts, the charge was correct, and the verdict should remain undisturbed.

The judgment and order denying the motion for a new trial on the minutes should be affirmed, with costs.

Pratt, J., concurs; Barnard, P. J., not sitting.


text:
    John P. Cranford, Resp’t, v. Martin D. Tyrrell, App’lt.
   Dykman, J.

This is an action to restrain the defendant from maintaining a house of prostitution, and to recover damage sustained by the plaintiff by reason of the nuisance.

The trial was before a judge, without a jury, and he has found the facts which justify the action, and directed a judgment against the defendant, with §300 damages.

The testimony is amply sufficient to sustain the judgment upon both the questions involved.

The judgment should therefore be affirmed, with costs.

Barnard, P. J., and Pratt, J., concur.


text:
    Samuel Peden, App’lt, v. Albert Smith, Resp’t.
   Dykman, J.

This action was commenced for the recovery of commissions upon an exchange of real property. The present defendant was substituted in the place of the original defendant because he, as well as the plaintiff, claimed the commissions upon the exchange.

The cause was tried before a judge, without a jury, and he has found that the defendant was employed to exchange the real property, and was the sole procuring cause of such exchange on the part of Brush, who was the original defendant in this action and the party from whom the plaintiff claimed to be entitled to recover his commission.

Such finding of the judge is well sustained by the evidence, and the judgment should be affirmed, with costs.

Barnard, P. J., and Pratt, J., concur.


text:
    General Term—Fifth Department.
    Filed April 16, 1891.
    Elizabeth Wink, App’lt, v. John Wilson, Resp’t.
   Judgment of county court appealed from affirmed, with costs.


text:
    The People ex rel. Edwin A. Nash, Surrogate, v. James M. Edwards et al.

   Motion for a new trial denied, with costs, and judgment ordered for the defendants on the nonsuit, on the authority of this case, 107 N. Y., 447, and 28 N. Y. State Rep., 52.


text:
    The Bradley Salt Company, Resp’t, v. Edward F. Keating, App’lt.
   The court declines to consider this appeal upon the papers contained in the appeal book, for the reason that they are not certified to be'“a copy of the notice of appeal and of the papers used before the court or the judge upon the hearing of the motion,” as required by section 1853 of the Code of Civil Procedure.


text:
    Francis L. Hughes, App’lt, v. Hezekiah Bowen, Resp’t.
   Judgment and order appealed from affirmed.


text:
    George W. Ough v. Anna B. Ough.
   Motion for a new trial denied, with costs, and the case remitted to the special term to proceed on the verdict.


text:
    Thomas Cruise, App’lt, v. Jacob Leonard, Resp’t.
   Judgment appealed from affirmed.


text:
    Mary A. Haynes, App’lt, v. Henry C. Farwell, Resp’t.
   Order setting aside verdict affirmed, with costs.


text:
    Theresa Wannamaker, Adm’rx, etc., Resp’t, v. The City of Rochester, App’lt.
   Order appealed from reversed, with costs, on authority of the case of Agar v. Tibbets, 30 N. Y. State Rep., 456.


text:
    Jennie Redmond, Resp’t, v. Josephine S. Atwood, App’lt.
   Judgment and order appealed from affirmed.


text:
    Sophia Shaw, App’lt, v. Miles Broadbent, Resp’t.
   Judgment appealed from affirmed, with costs, on opinion of this court in same case reported in 26 N. Y. State Rep., 836.


text:
    Joseph A. Ward et al., Resp’ts, v. George E. Matthews et al., App’lts.
   Order appealed from affirmed, with ten dollars costs and disbursements.


text:
    Esther Vickary, Resp’t, v. Wilfred D. Streeter, App’lt.
   Order appealed from reversed. Oorlett, J., not sitting.


text:
    Malvina Edwards v. John Woods.
   Motion for a new trial denied, with costs, and judgment ordered for plaintiff on the verdict. Dwight, P. J., not sitting.


text:
    The People ex rel. Isaac Lichtenstein, App’lt, v. Bartholomew Keeler, as Police Justice, et al., Resp’ts.
   Order appealed from affirmed, with costs.


text:
    Arthur Schoellkopf, App’lt, v. Addie M. Gluck, Resp’t
   Order appealed from vacating attachment affirmed, with ten dollars costs and disbursements.


text:
    William H. Durfur, Resp’t, v. Thophilis J. Vandegrift, App’lt.
   Order appealed from reversed, and the- motion granted on payment to the plaintiff of ten dollars costs of opposing the motion at special term.


text:
    Arthur Schoellkopf, App’lt, v. Addie M. Gluck, Resp’t.
   Order appealed from, denying motion to vacate order for examination of plaintiff, affirmed, with ten dollars costs and disbursements. Corlett, J., not voting.


text:
    The People v. Charles Featherly.
   Motion for leave to appeal to the court of appeals granted.


text:
    James Danihe, Resp’t, v. John Hyatt, App’lt.
   Motion for re-argument or for leave to appeal to the court of appeals denied.


text:
    Clark Woodworth, Resp’t, v. Thomas C. Hodgson et al., App’lts.
   Motion for leave to appeal to court of appeals granted.


text:
    Charles Burlingame et al., Resp’ts, v. James D. Shelmire, App’lt.
   Motion for leave to appeal to court of appeals denied.


text:
    Fred P. Wilcox, Ex’r, Resp t, v. Quincy Van Voorhis, App’lt.
   Motion for re-argumcnt or for leave to appeal to court of appeals denied.


text:
    Catherine Siefert v. Richard Caverly.
   Motion to dismiss appeal denied, with ten dollars costs.


text:
    The Niagara Falls Hydraulic Power Co. v. John F. Quigley.
   Motion to dismiss appeal denied, with ten dollars costs.


text:
    Michael Kavanagh, Resp’t, v. A. L. Barber, App’lt.
   Motion for leave to appeal to court of appeals granted.


author: Per Curiam.

text:
    New York Common Pleas—General Term.
    Filed April 6, 1891.
    The People v. Chas. H. Ohlrogge el al.

    Motion to vacate judgment entered upon a forfeited recognizance.
   Per Curiam.

As the prisoner surrendered himself after the forfeiture, and was tried, convicted and sentenced to pay a fine, which has been paid, together with all the charges of the sheriff, and the district attorney certifies that the people have lost no rights, I am in favor of granting the application to vacate the judgment entered upon the forfeited recognizance.

Daly, Ch. J., and Bischoff, J., concur.


text:
    Henry S. Eisler, Resp’t, v. The Union Transfer & Storage Co., App’lt.
   Motion for re-argument of appeal granted.


text:
    Filed April 30, 1891.
    In the Matter of the Application of Nathan Cohen, a Surety, etc.
   Motion to vacate judgment entered upon a forfeited recognizance.

This application cannot be entertained, for the reason that the petitioner has failed to submit the certificate and consent required by § 1483, chap. 410, Laws of 1883, and § 853, Code of Civil Procedure.

See People, etc., v. Lasher, 11 N. Y. Supp., 711; 34 N. Y. State Rep., 634.


text:
    New York Superior Court—General Term.
    Filed March 2, 1891.
    Abraham Kaim et al., Resp’ts, v. The Metropolitan Elevated Railway Co. et al., App’lts.
    ■Appeal from a judgment rendered after a trial at an equity term of this court.

      Davies & Rapallo, for app’lts; Sackett & Bennett, for resp’ts.
   Per Curiam.

This appeal presents no new points. Judgment is affirmed with costs.


text:
    Christian Weber et al., Resp’ts, v. The Metropolitan Elevated Railway Co. et al., App’lts.
    Appeal from a judgment entered upon the decision of the court at an equity-term.

      Davies & Rapallo, for app’lts; Sackett & Bennett, for resp’ts.
   Per Curiam.

Judgment affirmed, with costs.


text:
    William Y. Mortimer et al., Resp’ts, v. The Manhattan Railway Co. et al., App’lts.
    This is an appeal from a judgment entered upon a verdict of a jury, and from an order denying a motion for a new trial; and also from two other orders that were entered during the progress of the action.

      Davies & Rapallo, for app’lts; John W. Pirsson,tor resp’ts.
   Per Curiam.

Judgment and orders affirmed, with costs.


text:
    Charles Lippe, Resp’t, v. The Metropolitan Elevated Railway Co. et al., App’lts.
    Appeal from a judgment entered on the decision of the court at an equity term.

      Davies & Rapallo, for app’lts; Sackett & Bennett, for resp’t.
   Per Curiam.

Judgment affirmed, with costs.


text:
    James Hennessey, Resp’t, v. The Metropolitan Railway Co. et al., App’lts.
    Appeal by the defendants from a judgment entered upon a decision after a trial at an equity term.

      Davies & Rapallo, for app’lts; L. C. Dessar, for resp’t.
   Per Curiam.

Judgment affirmed, with costs.


text:
    Abraham Salomon, Resp’t, v. The Manhattan Railway Co. et al., App’lts.
    Appeal from a judgment entered on the decision of the court after a trial at an equity term.

      Davies & Rapallo, for app’lts; Leo. C. Dessar, for resp’t.
   Per Curiam.

Judgment appealed from affirmed, with costs.


text:
    Alexander Thain, Resp’t, v. Charles Jones, App’lt.
   Per Curiam.

Order affirmed, with ten dollars costs.


text:
    Abraham Levy, Adm’r, Resp’t, v. The Knickerbocker Ice Co., App’lt.
    Appeal by defendant from judgment entered on verdict of jury, and from order denying motion for a new trial made upon the minutes.

      Michael M. Forrest, for app’lt; Alfred Steckler, for resp’t.
   Per Curiam.

Judgment and order affirmed, with costs.