stipulation, with costs. See 17 App. Div. 624, 45 N. Y. Supp. 496.

PARKER, C. J., and GRAY, O'BRIEN, HAIGHT, MARTIN, LANDON, and WERNER, JJ., concur.

BRADLEY & CURRIER CO., Limited, Respondent, v. WARD et al., Appellants. (Court of Appeals of New York. March 20, 1900.) Henry K. Davis, for appellants. Austin E. Pressinger, for respondent.

PER CURIAM. Judgment affirmed, with costs. See 15 App. Div. 386, 44 N. Y. Supp. 164.

PARKER, C. J., and BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur. O'BRIEN, J., not voting.

BRECKENRIDGE CO., Limited, Respondent, v. PERKINS et al., Appellants. (Court of Appeals of New York. May 15, 1900.) Charles Edward Souther, for appellants. William B. Bristow, for respondent.

PER CURIAM. Judgment affirmed, with costs. See 19 App. Div. 631, 45 N. Y. Supp. 1134.

PARKER, C. J., and GRAY, O'BRIEN, HAIGHT, LANDON, CULLEN, and WERNER, JJ., concur.

BREESE, Respondent, v. GRAVES et al., Respondents (ATTORNEY GENERAL, Appellant). (Court of Appeals of New York. June 22, 1900.) Frank Hiscock, for appellant. C. Carskaddan, for respondent Breese. Augustus C. Stevens and George R. Cook, for respondents Graves et al.

PER CURIAM. Appeal dismissed, without costs. 47 App. Div. 634, 62 N. Y. Supp. 1133.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, VANN, LANDON, and CULLEN, JJ., concur.

BROADBELT, Respondent, v. LOEW, Appellant. (Court of Appeals of New York. April 17, 1900.) David McClure, for appellant. John Frankenheimer, for respondent.

PER CURIAM. Judgment and order affirmed, with costs, on opinion below. 15 App. Div. 343, 44 N. Y. Supp. 159.

GRAY, O'BRIEN, HAIGHT, LANDON, CULLEN, and WERNER, JJ., concur.

BRODERICK, Appellant, V. CITY OF YONKERS et al., Respondents. (Court of Appeals of New York. May 22, 1900.) William Riley, for appellant. James M. Hunt, for respondents.

PER CURIAM. Judgment affirmed, with costs, on prevailing opinion below. 22 App. Div. 448, 48 N. Y. Supp. 265.

PARKER, C. J., and GRAY, BARTLETT, MARTIN, VANN, and WERNER, JJ., con

cur.

In re BRUNDAGE. (Court of Appeals of New York. Jan. 16, 1900.) Motion to open default taken for failure to file the return herein after due notice, and to reinstate an appeal from an order of the appellate division of the supreme court in the Fourth judicial department, entered September 5, 1898 (31 App. Div. 348, 52 N. Y. Supp. 362), which reversed an order of the surrogate of Allegany county assessing and fixing a tax under the transfer tax act upon the interests of certain legatees of the estate of Benjamin C. Brund57 N.E.-70

age, deceased. Joseph F. Rice, for the motion. F. A. Robbins, opposed. No opinion. Motion denied, with $10 costs.

BUFFALO DOCK CO., Respondent, v. LADENBURG et al., Appellants. (Court of Appeals of New York. March 27, 1900.) Stevenson Burke and Adelbert Moot, for appellants. John G. Milburn, for respondent.

PER CURIAM. Judgment affirmed, with costs, on opinion at special term. See 19 App. Div. 35, 46 N. Y. Supp. 1067.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ.. concur.

BUFFALO LOAN, TRUST & SAFE-DEPOSIT CO., Respondent, v. MEDINA GAS & ELECTRIC LIGHT CO. et al., Appellants. (Court of Appeals of New York. March 20, 1900.) Motion for reargument denied, with $10 costs. See 162 N. Y. 67, 56 N. E. 505.

BURGES, Respondent, v. JACKSON et al., Appellants. (Court of Appeals of New York. April 3, 1900.) Edward W. S. Johnston, for appellants. Charles A. Webber, for respondent.

PER CURIAM. Judgment and order affirmed, with costs, on opinion below. 18 App. Div. 296, 46 N. Y. Supp. 326.

PARKER. C. J., and GRAY, BARTLETT, MARTIN, VANN, and WERNER, JJ., con

cur.

CAHN et al., Respondents, v. STOVER, Appellant. (Court of Appeals of New York. April 24, 1900.) John A. Van Arsdale, for appellant. George Clinton, for respondents.

PER CURIAM. Judgment and order affirmed, with costs. See 25 App. Div. 630, 50 N. Y. Supp. 1124.

PARKER, C. J., and GRAY, O'BRIEN, HAIGHT, LANDON, CULLEN, and WERNER, JJ., concur.

CALLANAN, Respondent, v. CLEMENT, Appellant. (Court of Appeals of New York. March 20, 1900.) Edgar T. Brackett, for appellant. James W. Verbeck, for respondent.

PER CURIAM. Judgment and order affirmed, with costs. See 32 App. Div. 631, 53 N. Y. Supp. 1101.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, and VANN, JJ.,

concur.

CAMERON, Appellant, v. WRIGHT, Respondent. (Court of Appeals of New York. June 5, 1900.) Edward A. Hibbard, for appellant. John E. Parsons and George H. Fletcher, for respondent.

PER CURIAM. Judgment and order affirmed, with costs. See 21 App. Div. 395, 47 N. Y. Supp. 571.

PARKER, C. J., and GRAY, O'BRIEN, HAIGHT, MARTIN, LANDON, and WERNER, JJ., concur.

In re CAMP. (Court of Appeals of New York. Jan. 30, 1900.) Frederic B. Jennings, for petitioners. William C. Beecher, for Nelson Cross, executor, etc.

PER CURIAM. Judgment and order affirmed, with costs, on opinion below. 18 App. Div. 110, 45 N. Y. Supp. 600.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur.

In re CAMPBELL. (Court of Appeals of New York. March 13, 1900.) Moses Shire, for appellant. P. W. Cullinan and L. H. Jones, for respondents.

PER CURIAM. Order affirmed, with costs, on opinion below. 46 App. Div. 634, 61 N. Y. Supp. 1133.

PARKER, O. J., and BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur. O'BRIEN, J., not voting.

CANFIELD, Respondent, v. FALLON et al., Respondents (GULBRANDSEN et al., Appellants). (Court of Appeals of New York.

March 6, 1900.)

PER CURIAM. Motions to allow separate bills of costs to the several respondents.

161 N. Y. 623, 55 N. E. 1093. Remittitur ordered amended, so as to allow a bill of costs to the guardian ad litem of the infant defendants, Calantha, Arthur, Lloyd, Florence, and Isaac Canfield. The other motions for separate costs are denied.

(162 N. Y. 628)

CARLETON et al., Respondents, v. LOMBARD, AYRES & CO., Appellant. (Court of Appeals of New York. March 27, 1900.) Albert B. Boardman and Benjamin F. Tracy, for appellant. R. Burnham Moffat, for respond

ents.

PER CURIAM. Judgment and order affirmed, with costs, on opinion below. 19 App. Div. 297, 46 N. Y. Supp. 120; 56 N. E. 1123.

GRAY, O'BRIEN, HAIGHT, LANDON, and WERNER, JJ., concur.

CULLEN, J. (dissenting). This case has been in litigation so long, and tried so often, that I should be unwilling to reverse the judgment for any slight error that may have taken place on the trial. But in my judgment the ruling of the trial court excluding the offer of defendant to prove any damage occurring to the oil while on shipboard was erroneous, and its effect on the recovery may have been substantial. The judgment in the action of Graham & Co. against the present plaintiffs was conclusive evidence in this action of the fact that the oil was unmerchantable when delivered by this defendant. It is entirely possible, however, that the oil, though unmerchantable, may have been damaged in transportation from extraneous causes. In the suit of Graham & Co. against the plaintiffs, such loss would necessarily fall upon the plaintiffs in this action, for, on account of the oil being unmerchantable, the title thereto did not pass from the plaintiffs to Graham & Co.; in other words, the loss would fall on the owner of the property. In that action the issue as to the damage that the oil received by its transportation was litigated, and could have been litigated, only to a limited extent; that is to say, it was material to determine whether the condition (concededly bad) in which the oil reached its destination was due solely to the damage received during the voyage, or whether the oil was originally unmerchantable. The judgment necessarily determined that transportation did not make good oil bad, but it did not determine that bad oil was not made worse. This action is on the defendant's warranty, and it is unquestioned that the title passed on the delivery by the defendant to the plaintiffs. The defendant is liable for all damages that accrued to the plaintiffs from the defective character of the article furnished; but I do not see how it can be held liable for damage or deterioration of the oil proceeding from other causes. Therefore I feel constrained to vote for reversal of the judgment.

CARR, Respondent, v. SMITH, Appellant. (Court of Appeals of New York. Jan. 9, 1900.)

CAVANAGH, Respondent, V. O'NEILL, Appellant. (Court of Appeals of New York. Feb. 6, 1900.) Herbert C. Smyth, Isaac Fromme, Edwin A. Jones, and George O. Redington, for appellant. Abel Crook and John L. Hill, for respondent.

PER CURIAM. Order affirmed, and judgment absolute ordered for plaintiff on the stipulation, with costs. See 27 App. Div. 48, 50 N. Y. Supp. 207.

PARKER, C. J., and GRAY, BARTLETT, MARTIN, VANN, CULLEN, and WERNER, JJ.,

concur.

In re CENTRAL TRUST CO. OF NEW YORK. (Court of Appeals of New York. June 22, 1900.) Austen G. Fox, for appellants. William G. Wilson and Michael H. Cardozo, for respondents. John Notman, for Certral Trust Co. of New York, trustee.

PER CURIAM. Order affirmed, with costs, on opinion below. 48 App. Div. 223, 62 N. Y. Supp. 836.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, VANN, LANDON, and CULLEN, JJ., concur.

CHURCH OF ST. STANISLAUS, Respondent, v. ALGEMEINE VEREIN, Appeliant. (Court of Appeals of New York. Jan. 16, 1900. Motion to dismiss an appeal from an order of the appellate division of the supreme court in the First judicial department, entered July 6, 1898 (31 App. Div. 133, 52 N. Y. Supp. 922), affirming a judgment in favor of plaintiff entered upon the decision of the court on trial at special term. The motion was made on the grounds that the appellate division unanimously decided that there was evidence sustaining, or tending to sustain, the findings of the court at special term; that the exceptions taken at the trial were frivolous and unavailable in this court; and that there is no question of law presented for review. George M. Van Hoesen, for the motion. Abram I. Elkus, opposed. No opinion. Motion denied, without costs.

COLE, Appellant, v. STEARNS, Respondent. (Court of Appeals of New York. April 6, 1900.) Eustace Conway and Charles R. Westbrook, for appellant. Guy C. Frisbie and Oscar Frisbie, for respondent.

PER CURIAM. Judgment affirmed, with costs. See 23 App. Div. 446, 48 N. Y. Supp. 318.

PARKER, C. J., and GRAY, BARTLETT, MARTIN, VANN, CULLEN, and WERNER, JJ., concur.

CONNECTICUT NAT. BANK, Respondent, V. BAYLES, Appellant. (Court of Appeals of New York. May 15, 1900.) A. A. Spear, for appellant. Thomas J. Ritch, Jr., and Jacob Rosen, for respondent.

PER CURIAM. Judgment reversed, and complaint dismissed, without costs to either party, on the opinion of Werner, J., in Aultman & Taylor Co. v. Syme, 163 N. Y. 54, 57 N. E. 168. See 17 App. Div. 596, 45 N. Y. Supp. 305.

PARKER, C. J., and GRAY, O'BRIEN, HAIGHT, LANDON, and WERNER, JJ.,

concur.

CONVERSE et al. v. SICKLES, Sheriff. (Court of Appeals of New York. Feb. 16, 1900.) Frederic R. Kellogg, for plaintiffs. A. Blumenstiel, for defendant.

PER CURIAM. Judgment affirmed, with costs. See 16 App. Div. 49, 44 N. Y. Supp. 1080.

PARKER, C. J., and GRAY, BARTLETT, MARTIN, VANN, and WERNER, JJ., con

cur.

COOGAN, Respondent, v. MORGAN, Comp. troller, Appellant. (Court of Appeals of New York. March 13, 1900.) Robert B. Bach, for appellant. Buchanan & Lawyer, for respondent.

PER CURIAM. Order affirmed, with costs. See 45 App. Div. 628, 61 N. Y. Supp. 1144.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, and VÁNN, JJ.,

concur.

In re CORNELL'S WILL. (Court of Appeals of New York. June 22, 1900.) John J. Linson and Howard Chipp, for appellant. J. Newton Fiero, for respondent.

PER CURIAM. Order affirmed, with costs. See 43 App. Div. 241, 60 N. Y. Supp. 53.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, VANN, and CULLEN, JJ.,

concur.

CORNWELL et al., Respondents, v. ROSENTHAL, Appellant. (Court of Appeals of New York. Feb. 6, 1900.) Walter Welch, for appellant. Edwin P. Lyman, for respondents. PER CURIAM. Judgment and order affirmed, with costs. See 33 App. Div. 627, 53 N. Y. Supp. 1102.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur.

COSTELLO, Appellant, v. THIRD AVE. R. CO., Respondent. (Court of Appeals of New York. March 6, 1900.) Motion for reargument denied, with $10 costs. See 161 N. Y. 317, 55 N. E. 897.

COUSINS, Appellant, v. SWORDS, Respondent. (Court of Appeals of New York. March 27, 1900.) W. B. Donihee, for appellant. William H. Sage, for respondent.

PER CURIAM. Judgment and order affirmed, with costs, on opinion below. 14 App. Div. 338, 43 N. Y. Supp. 907.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur.

COXHEAD, Respondent, v. JOHNSON et al., Appellants. (Court of Appeals of New York. April 17, 1900.) Yonge, Brewster & Shearn, for appellants. Thomas E. Pearsall, for respondent.

PER CURIAM. Judgment affirmed, with costs. See 20 App. Div. 605, 47 N. Y. Supp. 389, 54 N. E. 780.

PARKER, C. J., and GRAY, O'BRIEN, HAIGHT, LANDON, and WERNER, JJ.,

concur.

COYNE, Plaintiff, v. BOWE, Respondent (CONROY, Appellant). (Court of Appeals of New York. Jan. 9, 1900.) Charles S. Haight, for appellant. Sidney H. Stuart, for respondent. No opinion. Judgment and order affirmed, with costs. All concur. See 23 App. Div. 261, 48 N. Y. Supp. 937.

CRAM, Respondent, v. CRANFORD, Appellant. (Court of Appeals of New York. March 27, 1900.) Isaac N. Mills, for appellant. William L. Snyder, for respondent.

PER CURIAM. Judgment and order affirmed, with costs, and 10 per cent. added un

der subdivision 5 of section 3251 of the Code of Civil Procedure. See 19 App. Div. 607, 46 N. Y. Supp. 282.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur.

DAVIS, Respondent, v. VILLAGE OF SARATOGA SPRINGS, Appellant. (Court of Appeals of New York. June 5, 1900.) Joseph P. Brennan, for appellant. Edgar T. Brackett, for respondent.

PER CURIAM. Judgment affirmed, with costs, upon the case of Moody v. Village of Saratoga Springs, 163 N. Y. 581, 57 N. E. 1118. See 17 App. Div. 623, 47 N. Y. Supp. 1134.

PARKER, C. J., and GRAY, O'BRIEN, HAIGHT, MARTÍN, and WERNER, JJ.,

concur.

DAVIS PROVISION CO., Respondent, v. FOWLER BROS., Limited, et al., Appellants. (Court of Appeals of New York. June 5, 1900.) Welton C. Percy, for appellants. Thomas F. Conway, for respondent.

PER CURIAM. Judgment and order affirmed, but without costs to either party in this court, in view of the late amendment of the order making the decision of the court below unanimous. 20 App. Div. 626, 47 N. Y. Supp. 205.

PARKER, C. J., and GRAY, O'BRIEN, HAIGHT, MARTÍN, and WERNER, JJ.,

concur.

DE GRAUW, Appellant, v. LONG ISLAND ELECTRIC RY. CO. et al., Respondents. (Court of Appeals of New York. June 19, 1900.) F. H. Van Vechten, for appellant. Charles A. Collin, Edward M. Grout, William F. Sheehan, and Alfred W. Kiddle, for respondents.

PER CURIAM. Judgment affirmed, with costs, on opinion below. 43 App. Div. 502, 60 N. Y. Supp. 163.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, VANN, and LANDON, JJ.,

concur.

DE LANCEY, Respondent, v. HAWKINS, Appellant, et al. (Court of Appeals of New York. June 12, 1900.) Lawrence Kneeland, for appellant. Walter D. Edmonds and John Hunter, Jr., for respondents.

PER CURIAM. Judgment affirmed, with costs. See 23 App. Div. 8, 49 N. Y. Supp. 469. PARKER, C. J., and GRAY, BARTLETT, MARTIN, VANN, and WERNER, JJ., con

cur.

DEL GENOVESE et al., Respondents, v. THIRD AVE. R. CO., Appellant. (Court of Appeals of New York. March 20, 1900.) Henry L. Scheuerman and Henry M. Ward, for appellant. L. Laflin Kellogg and Alfred C. Petté, for respondents.

PER CURIAM. Judgment affirmed, with costs. See 13 App. Div. 412, 43 N. Y. Supp. 8. PARKER, C. J., and GRAY, BARTLETT, MARTIN, VANN, CULLEN, and WERNER, JJ., concur.

DEMINGS, Respondent, V. SUPREME LODGE KNIGHTS OF PYTHIAS OF THE WORLD, Appellant. (Court of Appeals of New York. Feb. 13, 1900.) Charles B. Wheel

DENNISON, Respondent, v. LAWRENCE, Appellant. (Court of Appeals of New York. April 20, 1900.) Motion to dismiss an appeal from an order of the appellate division of the supreme court in the First judicial department, entered November 10, 1899 (44 App. Div. 287, 60 N. Y. Supp. 748), reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a trial term without a jury, and granting a new trial. The order appealed from has since been resettled by an order of the appellate division, which directed the insertion of the words "upon the law and the facts." The motion was made upon the grounds that the reversal was upon the facts, that no question of law is presented for review, and that this court has no jurisdiction to entertain the appeal. Charles F. Bridge and Frank M. Hardenbrook, for the motion. Joseph E. Russell, Jr., and Luke A. Lockwood, opposed. Motion granted, with costs to appellant up to the date of the amendment of the order appealed from.

DOBIE et al., Respondents, v. ARMSTRONG et al., Appellants. (Court of Appeals of New York. Jan. 16, 1900.) Motion to amend remittitur granted, so far as to allow costs in this court to both parties, payable out of the estate; and the remittitur herein is hereby ordered to be amended accordingly, without costs of this motion. See 160 N. Y. 584, 55 N. E. 302.

DODIN v. DODIN et al. (Court of Appeals of New York. April 3, 1900.) George H. Yeaman and J. P. Albright, for appellant. William F. Clare, for respondent.

PER CURIAM. Judgment affirmed, with costs. See 16 App. Div. 42, 44 N. Y. Supp. 800.

PARKER, C. J., and GRAY, MARTIN, and WERNER, JJ., concur. BARTLETT and VANN, JJ., dissent.

DRAKE, Appellant, v. NEW YORK SUBURBAN WATER CO. et al., Respondents (WICKES, Appellant). (Court of Appeals of New York. April 20, 1900.) Motion to dismiss an appeal from an order of the appellate division of the supreme court in the Second judicial department, made at the January term, 1899 (36 App. Div. 275, 55 N. Y. Supp. 225), reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at special term, and granting a new trial. The motion was made upon the ground that, the action having terminated in favor of the defendant New York Suburban Water Company, nothing remains for this court to decide but an abstract question of law. I. M. Dittenhoefer, for the motion. George C. Lay, opposed. Motion denied, with $10 costs.

DUER et al., Respondents, v. HUNT, Appellant. (Court of Appeals of New York. March 6, 1900.) Motion to dismiss an appeal from an order of the appellate division of the supreme court in the First judicial department, entered June 23, 1899 (41 App. Div. 581, 58 N. Y. Supp. 742), reversing an order in favor of defendant entered upon a decision of the court on trial at

special term. The motion was made on the ground that the court of appeals has no jurisdiction to hear the appeal, and that the appeal was not taken within the time prescribed by the Code of Civil Procedure. H. Reeves, for the motion. J. Newton Fiero, opposed.

PER CURIAM. A motion under section 2182 of the Code of Civil Procedure to cancel a judgment is a special proceeding, and not an order in an action. The motion to dismiss the appeal is Idenied, with $10 costs.

DUER et al., Respondents, v. HUNT, Appellant. (Court of Appeals of New York. May 11, 1900.) J. Newton Fiero, for appellant. William B. Hornblower, for respondents.

PER CURIAM. Order affirmed, with costs. See 42 App. Div. 614, 58 N. Y. Supp. 1140.

PARKER, C. J.. and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur.

ECKERSON et al.. Appellants, v. VILLAGE OF HAVERSTRAW et al., Respondents. (Court of Appeals of New York. April 24, 1900.) Louis Marshall, for appellants. William McCauley, Jr., and Alonzo Wheeler, for respondents.

PER CURIAM. Judgment affirmed, with costs. See 6 App. Div. 102, 39 N. Y. Supp. 635.

PARKER, C. J., and GRAY, O'BRIEN, HAIGHT, LANDON, and WERNER, JJ., con

cur.

ECKERT, Respondent, v. VILAS et al., Appellants. (Court of Appeals of New York. May 1, 1900.) Motion to put on calendar, and prefer, an appeal from a judgment of the appellate division of the supreme court in the Fourth judicial department, entered May 12, 1898 (29 App. Div. 627, 52 N. Y. Supp. 1141), affirming a judgment in favor of plaintiff entered upon a decision of the Erie county court decreeing the foreclosure and sale of certain premises. The motion was made upon the grounds that the appeal is without merit and taken solely for delay, and that, unless it can be heard and disposed of at once, there is great danger that the rights of the plaintiff will be irretrievably lost. Morris Cohn, Jr., for the motion. Wheeler & Woodward, opposed. Motion denied, without costs, without prejudice to respondent's right to move to dismiss appeal.

In re EVELINE. (Court of Appeals of New York. May 1, 1900.) J. W. Atkinson, for appellant. Thomas O'Connor, for respondents.

PER CURIAM. Order affirmed, with costs. See 45 App. Div. 628, 61 N. Y. Supp. 1136.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, and MARTIN, JJ., concur. VANN, J., absent.

FAY, Respondent, v. MCGUIRE et al.. Appellants. (Court of Appeals of New York. April 17, 1900.) John C. McGuire, for appellants. Jacob H. Shaffer and Béla D. Eisler, for respondent.

PER CURIAM. Judgment and order affirmed, with costs. See 20 App. Div. 569, 47 N. Y. Supp. 286.

PARKER, C. J., and GRAY, O'BRIEN, HAIGHT, LANDON, and WERNER, JJ., con

cur.

FERRIS et al., Respondents, v. HARD et al., Appellants. (Court of Appeals of New York. Feb. 13. 1900.) George Wadsworth, for appellants. Price A. Matteson and Frank C. Ferguson, for respondents.

PER CURIAM. Judgment affirmed, with costs. See 12 App. Div. 624, 42 N. Y. Supp. 1125.

PARKER, C. J., and GRAY, BARTLETT, MARTIN, VANN, CULLEN, and WERNER, JJ., concur.

FLANDREAU, Respondent, v. FLANDROW, Appellant. (Court of Appeals of New York. June 12, 1900.) Motion to dismiss an appeal from a judgment of the appellate division of the supreme court in the Second judicial department. entered October 25, 1899 (44 App. Div. 618, 60 N. Y. Supp. 404), affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The motion was made upon the ground that the exceptions are frivolous and present no question for review by this court. Isaac M. Kapper, for the motion. Abram Kling, opposed. Motion denied, with $10 costs.

FLINT, Respondent, v. RUTHRAUFF, Appellant. (Court of Appeals of New York. June 12, 1900.) Delos McCurdy and Charles A. Runk, for appellant. Bronson Winthrop, for respondent.

PER CURIAM. Judgment affirmed, with costs. See 26 App. Div. 624, 53 N. Y. Supp. 206.

PARKER, C. J., and GRAY, BARTLETT, MARTIN, VANN, CULLEN, and WERNER, JJ., concur.

FOX, Respondent, v. BUFFALO PARK, Appellant. (Court of Appeals of New York. May 11, 1900.) John G. Milburn, for appellant. Moses Shire, for respondent.

PER CURIAM. Judgment and order affirmed, with costs. See 21 App. Div. 321, 47 N. Y. Supp. 788.

O'BRIEN, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur. PARKER, C. J., and BARTLETT, J., not voting.

FRUH, Respondent, v. DUCKWORTH et al., Appellants. (Court of Appeals of New York. April 17, 1900.) Maurice S. Hyman, for appellants. Reuben H. Underhill and George L. Robinson, for respondent.