V. GLEN FREER et al., Appellants, SPRINGS SANITARIUM CO. et al., Respondents. (Court of Appeals of New York. April 8, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (131 App. Div. 352, 115 N. Y. Supp. 734), entered March 27, 1909, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term in an action of ejectment. Irving W. Cole, for appellants. O. P. Hurd and C. M. Woodward, for respond ents. In re FRIEDMAN. (Court of Appeals of New York. June 17, 1910.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (136 App. Div. 750, 121 N. Y. Supp. 426), entered March 4, 1910, which affirmed an order of Special Term directing the appellant to pay certain moneys to the petitioner. See, also, 122 N. Y. Supp. 1128. M. L. Malevinsky and Thomas J. O'Neill, for appellant. Maurice Nagler, for respondent. PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and GRAY, HAIGHT, VANN, WERNER, HISCOCK, and CHASE, JJ., concur. GANSS Appellant, v. J. M. GUFFEY PETROLEUM CO., Respondent. (Court of Appeals of New York. April 8, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (131 App. Div. 897, 115 N. Y. Supp. 1122), entered March 9, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for an alleged breach of contract. Louis J. Vorhaus, for appellant. Lewis H. Freedman and Henry V. Poor, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER, and HISCOCK, JJ., concur. GARDNER, Respondent, v. SCHENECTADY RY. CO., Appellant. (Court of Appeals of New York. April 26, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department GEGAN, Appellant, v. UNION TRUST CO. OF NEW YORK, Respondent. (Court of Appeals of New York. March 22, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (129 App. Div. 184, 113 N. Y. Supp. 595), entered December 19, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to enforce an alleged declaration of trust. See, also, 112 App. Div. 914, 99 N. Y. Supp. 1139. Sumner Gerard, for appellant. Perry D. Trafford, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, WERNER, and HISCOCK, JJ., concur. WILLARD BARTLETT, J., not sitting. CHASE, J., absent. GEORGE DEIS, SON & CO., Respondent, v. HART, Appellant. (Court of Appeals of New York. March 22, 1910.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (134 App. Div. 994, 119 N. Y. Supp. 1126), entered November 19, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover for goods alleged to have been sold and delivered. The motion was made upon the ground that the decision of the Appellate Division was unanimous to the effect that the findings of fact were supported by the evidence and, therefore, cannot be reviewed by the Court of Appeals. A. B. Steele, for the motion. Walter Welch, opposed. PER CURIAM. Motion denied, with $10 costs. In re GIBSON'S WILL. (Court of Appeals of New York. June 7, 1910.) Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (136 App. Div. 935, 120 N. Y. Supp. 1125), entered January 18, 1910, which affirmed a decree of the Otsego County Surrogate's Court admitting to probate the will of Martha Gibson, deceased. See, also, 128 App. Div. 769, 113 N. Y. Supp. 266. Edson A. Hayward, for appellants. J. F. Thompson, for respondent. PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and GRAY, HAIGHT, VANN, WERNER, and HISCOCK, JJ., concur. GILLIGAN, Respondent, v. CITY OF WATERTOWN, Appellant. (Court of Appeals of New York. March 1, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (126 App. Div. 923, 111 N. Y. Supp 1120), entered June 11, 1908, affirming a judg dict and an order denying a motion for a new Judgment affirmed, with CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER, and HISCOCK, JJ., concur. In re HARDENBROOK. (Court of Appeals of New York. June 17, 1910.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (135 App. Div. 634, 121 N. Y. Supp. 250), entered January 7, 1910, directing that the name of the appellant herein be stricken from the roll of attorneys and counselors at law and forbidding him to practice as such in any court within the state. Theodore H. Lord and Frederick W. Park, for appellant. J. Addison Young, for respondent. PER CURIAM. Order affirmed. HARRISON, Respondent, v. ARGYLE CO., Appellant. (Court of Appeals of New York. May 31, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (128 App. Div. 81, 112 N. Y. Supp. 477), entered October 15, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for an alleged breach of contract. Louis Salant, for appellant. Theodore B. Richter and Julius Henry Cohen, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, HAIGHT, WILLARD' BARTLETT, HISCOCK, and CHASE, JJ., concur. V. HEPPENSTALL et al., Respondents, BAUDOUINE, Appellant. (Court of Appeals of New York. May 31, 1910.) Appeal from a judgment entered January 23, 1909, upon an order of the Appellate Division of the Supreme Court in the First Judicial Department (129 App. Div. 901, 113 N. Y. Supp. 851), which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint in an action to recover on an alleged contract whereby the defendant agreed to apply certain moneys to the payment of his debts. John A. Garver, for appellant. N. B. Sanborn, for respondents. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and HAIGHT, WERNER, WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur. HIGGINS, Appellant, v. CITY OF ALBANY, Respondent. (Court of Appeals of New York. March 22, 1910.) Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (130 App. Div. 276, 114 N. Y. Supp. 516), entered January 21, 1909, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial in an action to recover for personal injuries alleged to have been sustained through the defendant's negligence. John A. Delehanty, for appellant. Arthur L. Andrews, Corp. Counsel (Andrew J. Nellis of counsel), for respondent. of the referee affirmed, with costs in both courts, on the authority of Missano v. Mayor. etc., of N. Y., 160 N. Y. 123, 54 N. E. 744, and Sheehy v. City of New York, 160 N. Y. 159, 54 N. E. 749. CULLEN. C. J., and GRAY, EDWARD T. BARTLETT, and WILLARD BARTLETT, JJ., concur. WERNER and HISCOCK, JJ, dissent. CHASE, J., absent. HILL v. MOORE et al. (Court of Appeals of New York. May 31, 1910.) Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (131 App. Div. 365, 115 N. Y. Supp. 2891 entered March 15, 1909, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an aetion to establish a lien on real property. James H. Bain, for appellant. J. A. Kellogg, for respondents. PER CURIAM. Order affirmed, and judg ment absolute ordered against appellant on the stipulation, with costs in all courts, on opinion of Cochrane, J., below. CULLEN, C. J., and HAIGHT, WERNER. WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur. HOLMES, Appellant, v. DELAWARE & H. CO., Respondent. (Court of Appeals of New York. March 15, 1910.) Appeal from a judgment of the Appellate Division of the Suprenie Court in the Third Judicial Department (133 App. Div. 935, 118 N. Y. Supp. 1114), entered September 3, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alant's negligence. See, also, 128 App. Div. 934, leged to have been sustained through defend113 N. Y. Supp. 1134. Erskine C. Rogers, for appellant. Lewis E. Carr, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, and CHASE, JJ., concur. HOPEDALE ELECTRIC CO., Respondent, V. ELECTRIC STORAGE BATTERY CO.. Appellant. (Court of Appeals of New York. April 26, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (132 App. Div. 348, 116 N. Y. Supp. 859), entered May 15 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action on contract. William H. Page and G. H. Crawford, for appellant. Austen G. Fox, for respondent. In re HOTCHKISS, State Superintendent of Insurance. (Court of Appeals of New York. March 29, 1910.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (135 App. Div. 916, 119 N. Y. Supp. 1129), entered December 7, 1909, which affirmed an order of Special Term authorizing the petitioner to take possession of the property and conduct the busi ness of the Garfield Assurance Fire Lloyds, an unincorporated association, on the grounds that it was insolvent, its reserve impaired, that it PER CURIAM. Order of Appellate Division had neglected to maintain the reserve requir business would be hazardous to its policy hold-| W. Richards and Ward D. Williams, for reers and the public. William A. Walling, for spondent. appellants. Edward R. O'Malley, Atty. Gen. PER CURIAM. Judgment affirmed, with (Amos H. Stephens, of counsel), for respondent. PER CURIAM. Appeal dismissed, with costs, on the ground that the order appealed from is not a final order. CULLEN, C. J., and HAIGHT, VANN, WERNER, WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur. HUDSON TRUST CO., Appellant, v. W. C. PRATHER CO. et al., Respondents. (Court of Appeals of New York. April 26, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (129 App. Div. 906, 113 N. Y. Supp. 1134), entered December 24, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover upon a promissory note. Victor E. Whitlock, for appellant. John E. Roeser and William B. Ellison, for respondents. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, WERNER, WILLARD BART LETT, HISCOCK, and CHASE, JJ., concur. HULL, Respondent, v. UNITED TRACTION CO., Appellant. (Court of Appeals of New York. April 26, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (130 App. Div. 891, 114 N. Y. Supp. 1131), entered January 15, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been sustained through the defendant's negligence. Lewis E. Carr, P. C. Dugan, and John E. MacLean, for appellant. John B. Holmes, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, and CHASE, JJ., concur. costs. CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER, and HISCOČK, JJ., concur. HURLEY v. TUCKER et al. (Court of Appeals of New York. March 15, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (128 App. Div. 580, 112 N. Y. Supp. 980), entered December 5, 1908, which affirmed a judgment of Special Term in an action to foreclose mechanics' liens. Lamont McLaughlin, for appellant Hurley. Benjamin F. Edsall, for appellant Empire Brick & Supply Co. Grant C. Fox and Isidore Grayhead, for respondents. PER CURIAM. Judgment affirmed, with costs. J. EDWARD OGDEN CO., Respondent, v. REFIOR, Appellant. (Court of Appeals of New York. March 22, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (129 App. Div. 904, 113 N. Y. Supp. 1135), entered December 17, 1908, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover for goods alleged to have been sold and delivered. Lewis & Carpenter, for appellant. William J. Martin, for respondent. JEFFERSON BANK, Respondent, v. ROSENTHAL et al., Appellants. (Court of Appeals of New York. April 26, 1910.) Appeal from a judgment of the Appellate Division_of the Supreme Court in the First Judicial Department (130 App. Div. 902, 115 N. Y. Supp. 1126), entered February 25, 1909, affirming a HUNT, Respondent, v. HANLEY, Appellant. judgment in favor of plaintiff entered upon a (Court of Appeals of New York. March 22, verdict and an order denying a motion for a 1910.) Appeal from a judgment of the Appel-new trial in an action to recover upon a promislate Division of the Supreme Court in the Sec-sory note. Frederick Wiener, for appellants. ond Judicial Department (129 App. Div. 920, Max D. Steuer, for respondent. 114 N. Y. Supp. 1131), entered January 11, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic's lien. George M. S. Schulz, for appellant. Albert A. Hovell, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, WERNER, WILLARD, BART LETT, and HISCOCK, JJ., concur. CHASE, J., absent. PER CURIAM. Judgment affirmed, with costs, the authority of American Linen Thread Co. v. Wortendyke, 24 N. Y. 550. on CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur. In re JOHNSON AVE. IN CITY OF NEW HUPFEL, Appellant, v. BOSTON INS. CO., YORK. (Court of Appeals of New York. Feb. Respondent. (Court of Appeals of New York. 22, 1910.) Appeal from an order of the AppelMarch 4, 1910.) Appeal from a judgment of late Division of the Supreme Court in the First the Appellate Division of the Supreme Court in Judicial Department (135 App. Div. 630, 120 the First Judicial Department (128 App. Div. N. Y. Supp. 798), entered December 31, 1909, 925, 112 N. Y. Supp. 1133), entered November which affirmed an order of Special Term con16, 1908, affirming a judgment in favor of de- firming the report of commissioners of estimate fendant entered upon a dismissal of the com- and assessment in the above-entitled proceedplaint by the court at a Trial Term in an action ing. John Jay McKelvey and Alpheus H. to recover upon a policy of fire insurance. Favour, for appellants. Archibald R. Watson, Connoly, John P. Dunn, and James R. Fitz-| November 16, 1908, affirming a judgment in 13- others. PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and HAIGHT, VANN, and HISCOCK, JJ., concur. WILLARD BARTLETT and CHASE, JJ., dissent, on dissenting opinion of INGRAHAM, J., below. WERNER, J., absent. JOHNSTON, Appellant, V. SYRACUSE LIGHTING CO., Respondent. (Court of Appeals of New York. June 7, 1910.) Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (134 App. Div. 907, 118 N. Y. Supp. 1116), entered July 13, 1909, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial in an action to recover for the death of plaintiff's intestate alleged to have been occasioned by the negligence of defendant, his employer. Stewart F. Hancock and Theodore E. Hancock, for appellant. George H. Bond, for respondent. PER CURIAM. Judgment affirmed, with costs, on opinion in same case (193 N. Y. 592, 86 N. E. 539, 127 Am. St. Rep. 988). CULLEN, C. J., and GRAY, VANN, WERNER, WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur. vor of plaintiff entered upon a verdict and an PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and HAIGHT, VANN, WERNER, WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur. In re KEITH. (Court of Appeals of New York. May 20, 1910.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (121 N. Y. Supp. 1137), entered March 11, 1910, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the clerk of the county of New York to cancel of record a note of cancellation of a notice of lis pendens. Everett V. Abbott, for appellant. Harold Swain and James W. McElhinney, for respondents. PER CURIAM. Appeal dismissed, with costs. CULLEN, C. J., and GRAY, HAIGHT, VANN, WERNER, and HISCOCK, JJ., concur. KIELY, Respondent, v. NEW YORK CENT. JORDAN, Appellant, v. ERIE R. CO., Re- & H. R. R. CO. et al., Appellants. (Court of spondent. (Court of Appeals of New York. Appeals of New York. May 31, 1910.) Appeal April 5, 1910.) Appeal from a judgment of from a judgment of the Appellate Division of the Appellate Division of the Supreme Court the Supreme Court in the First Judicial Dein the Fourth Judicial Department (133 App.partment (132 App. Div. 924, 116 N. Y. Supp. Div. 938, 118 N. Y. Supp. 1116), entered Au- 1139), entered May 11, 1909, affirming a judg gust 3, 1909, affirming a judgment in favor of ment in favor of plaintiff entered upon a verdefendant entered upon a verdict directed by dict and an order denying a motion for a new the court and an order denying a motion for a new trial in an action to recover for the death adjudicated claim against the defendant alof plaintiff's intestate alleged to have been leged to have been assigned by the owner thereoccasioned by defendant's negligence. See, also, of to the plaintiff herein. Alexander S. Ly126 App. Div. 919, 110 N. Y. Supp. 1133; 128 man, for appellants. Daniel F. Kiely, in pro. App. Div. 885, 112 N. Y. Supp. 1133. Edward R. O'Malley, for appellant. William L. Marcy, for respondent. In re JOSEPH RODMAN DRAKE PARK IN CITY OF NEW YORK. (Court of Appeals of New York. June 17, 1910.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (134 App. Div. 965, 119 N. Y. Supp. 1138), entered November 22, 1909, which affirmed an order of Special Term confirming the report of commissioners of estimate and assessment in the above-entitled proceeding. Herman C. Storck, for appellant. Archibald R. Watson, Corp. Counsel (Theodore Connoly; Joel J. Squier, and James Regan Fitz Gerald, of counsel), for respondent. PER CURIAM. Order affirmed, with costs. GRAY, HAIGHT, VANN, WERNER, HISCOCK, and CHASE, JJ., concur. CULLEN, C. J., absent. KANE, Respondent, v. WILKINSON MFG. CO., Appellant. (Court of Appeals of New York. April 5, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (128 trial in an action to recover the amount of an per. PER CURIAM. costs. Judgment affirmed, with CULLEN, C. J., and GRAY, VANN, WERand CHASE, JJ., concur. NER, WILLARD BARTLETT, HISCOCK, KINNER, Appellant, v. WHIPPLE et al., Respondents. (Court of Appeals of New York. April 26, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (128 App. Div. 736, 113 N. Y. Supp. 337), entered November 30, 1908, affirming a judgment in favor of defendants entered upon a verdict directed by the court in an action to recover for an alleged breach of contract. A. D. Arnold, for appellant. T. D. Trumbull, Jr., and F. D. Morehouse, for respondents. trial granted, costs to abide event, on dis PER CURIAM. Judgment reversed, and new senting opinion of Cochrane, J., below. EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT, and HISCOCK, JJ., concur. CULLEN, C. J., and GRAY and CHASE, JJ., dissent. KINSEY, Respondent, v. MEANEY et al, Appellants. (Court of Appeals of New York. April 5, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (128 App. Div. 910, 112 N. Y. Supp. 1134), entered October 17, 1908, affirming a judgment in favor of plaintif KLEIN v. GALLIN et al. (Court of Appeals of New York. May 20, 1910.) Motion for leave to withdraw appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (136 App. Div. 382, 120 N. Y. Supp. 1036), entered January 21, 1910, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial in an action to set aside a conveyance of real property. The motion was made upon the ground that the order of reversal was upon the facts, and therefore not reviewable by the Court of Appeals. See, also, 122 N. Y. Supp. 1133. Jacob W. Kahn, for the motion. Isaac Miller, opposed. PER CURIAM. Motion granted, and appellant given leave to withdraw appeal, without costs, any time within 30 days. KLEINBERG, Appellant, v. SCHWEEN, Respondent, et al. (Court of Appeals of New York. May 17, 1910.) Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the First Judicial Department (134 App. Div. 493, 119 N. Y. Supp. 239), entered November 12, 1909, which reversed an order of Special Term denying a motion for judgment on the pleadings and granted said motion in an action to recover for personal injuries alleged to have been sustained through defendant's negligently maintaining a nuisance. The following question was certified: "Does the complaint state facts sufficient to constitute a cause of action?" See, also, 120 N. Y. Supp. 1127. Alfred Steckler and Levin L. Brown, for appellant. Bertrand L. Pettigrew, for respondent. PER CURIAM. Order affirmed, with costs, and question certified answered in the negative, on opinion of Scott, J., below. CULLEN, C. J., and GRAY, HAIGHT, VANN, WERNER, and HISCOCK, JJ., con cur. KOHL, Respondent, v. JETTER, Appellant. (Court of Appeals of New York. March 15, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (126 App. Div. 947, 111 N. Y. Supp. 1127), entered June 29, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action on contract. C. Sommerich and Maxwell C. Katz, for appellant. Max D. Steuer, for respondent. Otto PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, WILLARD BARTLETT, and CHASE, JJ., concur. VANN, J., absent. KOZAK, Respondent, v. ERIE R. CO., Appellant. (Court of Appeals of New York. May 3, 1910.) Motion to dismiss an appeal from a judgment entered December 16, 1909, upon an order of the Appellate Division of the Supreme Court in the Second Judicial Department (135 App. Div. 726, 119 N. Y. Supp. 876), which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and dismissing the complaint and directed the reinstatement of said verdict in an action to recover for personal injuries alleged to have been sustained through defendant's negligence. The motion was made upon the ground that the exceptions were frivolous and the appeal taken for purposes of delay only. See, also, 121 N. Y. Supp. 1138. John C. Robinson, for the motion. Henry Bacon, opposed. PER CURIAM. Motion denied, with $10 costs. LA FORGE et al., Appellants, v. LATOURETTE et al., Respondents. (Court of Appeals of New York. April 26, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (129 App. Div. 447, 114 N. Y. Supp. 146), entered January 8, 1909, affirming a judgment in favor of defendants entered upon a dismissal of the complaint in an action to establish a trust in certain real property. George Bell and Benjamin Patterson, for appellants. Louis S. Phillips and William F. Unger, for respondents. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur. In re LALLY'S WILL. (Court of Appeals of New York. May 10, 1910.) Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (136 App. Div. 781, 121 N. Y. Supp. 467), entered March 4, 1910, which affirmed a decree of the Queens County Surrogate's Court admitting to probate the will of Thomas F. MagThomas P. Lally, deceased. William A. De Groot and ner, for appellant. Edward J. Connolly, for respondents. PER CURIAM. Order affirmed, with costs. CULLEN, C. J., and GRAY, HAIGHT, VANN, WERNER, and HISCOCK, JJ., cur. con LA MARCHE, Appellant, v. INTERNATIONAL PAPER CO., Respondent. (Court of Appeals of New York. March 1, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (122 App. Div. 903, 106 N. Y. Supp. 1134), entered November 22, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff's intestate alleged to have been occasioned by defendant's negligence. F. A. Bratt, for appellant. John E. Sawyer and Erskine C. Rogers, for respondent. PER CURIAM. Judgment affirmed, with costs. CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, VANN, WERNER, and HISCOCK, JJ., concur. HAIGHT, J., not voting. LAWYER, Respondent, v. WHITE et al., Appellants. (Court of Appeals of New York. May 20, 1910.) Motion for reargument denied, with $10 costs. See, also, 198 N. Y. 318, 91 N. E. 840. LESTER, Appellant, v. CRABTREE et al., Respondents. (Court of Appeals of New York. April 5, 1910.) Appeal from a judgment en |