PER CURIAM. Motion denied, with $10 costs.

RUPPRECHT, Respondent, v. ST. MARY'S ROMAN CATHOLIC CHURCH SOCIETY OF BATAVIA et al., Appellants. (Court of Appeals of New York. April 8, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (131 App. Div. 564, 115 N. Y. Supp. 926), entered March 23, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to restrain the defendants from encroaching upon a certain alley adjoining plaintiff's premises. Francis T. Moynihan and Myron H. Peck, for appellants. Russell L. Kinsey, for respondent.

PER CURIAM. Judgment affirmed, with

costs.

CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER, and HISCOCK, JJ., concur.

SCHERNIKOW, Appellant, v. GILLIES, Respondent. (Court of Appeals of New York. April 5, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (129 App. Div. 909, 114 N. Y. Supp. 1144), entered December 29, 1908, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial in an action to recover upon certain promissory notes. See, also, 129 App. Div. 909, 114 N. Y. Supp. 1145. James W. Osborne, Harmon S. Graves, and Charles S. Yawger, for appellant. Charles B. Meyer, for respondent.

PER CURIAM Judgment affirmed, with

SCHNEIDER, Respondent, v. RATNER, Appellant. (Court of Appeals of New York. March 1, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (127 App. Div. 918, 111 N. Y. Supp. 1143), entered June 10, 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 upon a promissory note. See, also, 193 N. Y. 617, 86 N. E. 1132. Abraham A. Spigelgass, for appellant. Abraham B. Schleimer, for respondent.

PER CURIAM. Judgment affirmed, with costs and 10 per cent. damages, under section 3251 of the Code of Civil Procedure.

CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER, and HISCOČK, JJ., concur.

SCHONLEBEN et al., Appellants, v. SWAIN, Respondent. (Court of Appeals of New York. May 17, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (130 App. Div. 521, 115 N. Y. Supp. 23), entered February 18, 1909, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term in an action to compel the removal of certain fences and to enjoin the defendant from interfering with an

costs.

PER CURIAM. Judgment affirmed, with CULLEN, C. J., and GRAY, HAIGHT, WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur.

SCHWAB et al., Respondents, v. OATMAN et al., Appellants. (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. 274, 113 N. Y. Supp. 910), entered December 26, 1908, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term, a jury having been waived, in an action of replevin. John P. Elder and Edward S. Clinch, for appellants. Frederick F. Neuman, for respondents.

PER CURIAM. Judgment reversed, and new trial granted, costs to abide event, on dissenting opinion of McLaughlin, J., below.

CULLEN, C. J., and GRAY, EDWARD T BARTLETT, WERNER, and WILLARD BARTLETT, JJ., concur. HISCOCK, J., dissents. CHASE, J., absent.

SCHWARTZ, Appellant, v. REHFUSS, Respondent. (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. 630, 114 N. Y. Supp. 92), entered January 11, 1909, in favor of defendant, upon the submission of a controversy, under section 1279 of the Code of Civil Procedure, as to the marketability of the title to certain real property. C. W. Wilson, Jr., for appellant. Ferd. W. Buermeyer and Hugo Hirsch, for respondent.

PER CURIAM. Judgment affirmed, with

costs.

CULLEN, C. J., and GRAY, WERNER, WILLARD BARTLETT, HISCOCK, and EDWARD T. BARTCHASE, JJ., concur. LETT, J., dissents, on the authority of Stokes v. Weston, 142 N. Y. 433, 37 N. É. 515, and Matter of Tompkins, 154 N. Y. 634, 49 N. E. 135.

SEAMAN, Respondent, v. NASSAU COUN(Court of Appeals of New TY, Appellant. York. March 1, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (132 App. Div. 904, 116 N. Y. Supp. 1147), entered April 26, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial in an action to recover for an alleged breach of contract. George B. Stoddart, Fred Ingraham, and James W. Treadwell, for appellant. William L. Bowman, for respondent.

PER CURIAM. Appeal dismissed, with costs.

CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER, and HISCOCK, JJ., concur.

SEARING et al., Respondents, v. LEE et al., Appellants. (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 (129 App. Div. 903, 113 N. Y. Supp. 1146), entered December 15, 1908, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term in an action for contribution. Charles J. Hardy, Frank B. Ver

SHEARS, Respondent, v. TOWN OF UNION VALE, Appellant. (Court of Appeals of New York. April 8, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (129 App. Div. 925, 114 N. Y. Supp. 1147), entered January 6, 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 the value of a horse alleged to have been injured through the negligence of defendant in failing to keep in repair a highway bridge. See, also, 195 N. Y. 606, 89 N. E. 1112. Charles Morschauser, for appellant. Walter Farrington and George Card, for respondent.

SHEPARD & MORSE LUMBER CO., Appellant, v. FRANKLIN TRUST CO., Respondent, et al. (Court of Appeals of New York. May 20, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (128 App. Div. 28, 112 N. Y. Supp. 401), entered October 23, 1908, affirming a judgment in favor of defend ant entered upon the report of a referee in an action to foreclose a chattel mortgage and for an accounting. J. A. Kellogg, Eustace Conway, Charles E. Patterson, and A. T. Bulkeley, for appellant. John Hill Morgan, John P. Kellas, and James McKeen, for respondent.

PER CURIAM. Judgment affirmed, with

costs.

CULLEN, C. J., and GRAY, HAIGHT, WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur.

SHERRY, Appellant, v. PROAL, Respondent. (Court of Appeals of New York. May 17, 1910.) Motions to dismiss and for leave to withdraw appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (131 App. Div. 774, 116 N. Y. Supp. 234), entered April 16, 1909, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover rent. The motions were made upon the ground that the reversal was upon a question of fact, and therefore not reviewable by the Court of Appeals. Franklin Bien and Thomas M. Rowlette, for appellant. Martin W. Littleton, for respondent.

PER CURIAM. Motion to dismiss appeal denied, without costs. Motion for leave to withdraw appeal granted, provided that within 20 days from the filing of this order the appellant pays to respondent the costs that have accrued to date and $10 costs of motion. On failure to comply with this provision, the appeal is dismissed, with costs and $10 costs of motion.

In re SHIRE. (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 (122 N. Y.

firmed an order of Special Term denying a motion for a peremptory or alternative writ of mandamus to compel the defendant to restore the petitioner to the office of captain of police in the city of New York. Jacob Rouss and Archibald R. Louis J. Grant, for appellant. Watson, Corp. Counsel (James D. Bell, of counsel), for respondent.

PER CURIAM. Order affirmed, with costs, CULLEN, C. J., and GRAY, HAIGHT, VANN, WERNER, HISCOCK, and CHASE, JJ., concur.

SHOECRAFT, Respondent, v. LOCKE INSULATOR MFG. 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 Fourth Judicial Department (129 App. Div. 933, 114 N. Y. Supp. 1147), entered January 21, 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 by plaintiff through the negligence of defendant, his employer. Walter S. Hubbell, for appellant. Frederick A. Mann and James F. Keeler, for respondent.

PER CURIAM. Judgment affirmed, with costs.

WILLARD BARTLETT,
CULLEN, C. J., and HAIGHT, WERNER,
HISCOCK, and
CHASE, JJ., concur.

In re SIMMONS et al. (two cases). (Court of Appeals of New York. May 17, 1910.) Appeal in each of the above-entitled proceedings from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (134 App. Div. 927, 118 N. Y. Supp. 1142), entered October 9, 1909, which reversed an order of Special Term in so far as it granted costs to owners of property condemned. Woodson R. Oglesby, for appellants. Archibald R. Watson, Corp. Counsel (Theodore Connoly, of counsel), for respondents.

PER CURIAM. Orders affirmed, without costs.

CULLEN, C. J., and GRAY, HAIGHT, VANN, WERNER, and HISCOCK, JJ., con

SMITH et al., Appellants, v. BARTLETT, Respondent. (Court of Appeals of New York. May 17, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (131 App. Div. 915, 115 N. Y. Supp. 1144), entered March 23, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to compel determination of a claim to real property. Timothy M. Grif

SMITH, Appellant, v. PHOENIX BRIDGE CO., Respondent. (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 Fourth Judicial Department (134 App. Div. 909, 118 N. Y. Supp. 95), entered July 9, 1909, which reversed an order of Special Term granting a motion for leave to amend the summons and complaint in the above-entitled action and denied said motion. The following question was certified: "Whether the Supreme Court at Special Term had the power, upon the papers submitted, to grant the amendments appearing in the amended summons and complaint?" See, also, 134 App. Div. 956, 118 N. Y. Supp. 1143. Edwin L. Dolson, for appellant. Daniel J. Kenefick, for respondent.

PER CURIAM. Order of Appellate Division reversed, and that of Special Term affirmed, with costs in both courts, on the authority of Johnson v. Phoenix Bridge Co., 197 N. Y. 316, 90 N. E. 953. Question certified answered in the affirmative.

CULLEN, C. J., and GRAY, HAIGHT, VANN, WERNER, and HISCOCK, JJ., con

cur.

SMYTH et al., Appellants, v. FOX, Respondent. (Court of Appeals of New York. March 1, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (133 App. Div. 894, 118 N. Y. Supp. 1143), entered July 12, 1909, 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 compel specific performance of a contract to purchase real property. Lucius H. Beers, for appellants. Edward M. Shepard and William Mason Smith, for respondent. PER CURIAM. Judgment affirmed, with costs.

CULLEN, C. J., and HAIGHT, VANN, WERNER, WILLARD BARTLETT, HISCOCK, and CHASE, JJ., concur.

SNELL, Respondent, v. REMINGTON PAPER 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 Fourth Judicial Department (131 App. Div. 922, 115 N. Y. Supp. 1145), entered March 27, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action for the reformation of a contract and for damages for a breach thereof. Elon R. Brown, for appellant. Albert M. Mills and Myron G. Bronner, for respondent. PER CURIAM. Judgment affirmed, with

costs.

CULLEN, C. J., and GRAY, VANN, WERNER, WILLARD BARTLETT, HISCOCK, and CHASE, JJ.

STANTON, Respondent, v. ERIE R. CO., Appellant. (Court of Appeals of New York. June 14, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (131 App. Div. 879, 116 N. Y. Supp. 375), entered May 11, 1909, affirming a judgment in favor of

denying a motion for a new trial in an action to recover for an alleged breach of contract. Henry Bacon, for appellant. Abram F. Servin and Rosslyn M. Cox, for respondent.

PER CURIAM. Appeal dismissed, with costs. CULLEN, C. J., and GRAY, HAIGHT, WERNER, WILLARD BARTLETT, and CHASE, JJ., concur. VANN, J., not sitting.

STEELE v. GATES et al. (Court of Appeals of New York. March 22, 1910.) Appeal from a judgment of the Appellate Division_of the Supreme Court in the Fourth Judicial Department (128 App. Div. 884, 112 N. Y. Supp. 1147), entered October 16, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action for the reformation of a promissory note. Floyd L. Carlisle, for appellant. Henry Purcell and W. W. Kelly, for respondents.

PER CURIAM. Judgment affirmed, without costs.

CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT, and HISCOCK, JJ., concur. CHASE, J., absent.

HOME CIRCLE, Appellant. STRAIT, Respondent, V. PROTECTED (Court of Ap

peals of New York. March 4, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department (128 App. Div. 882, 112 N. Y. Supp. 1148), entered November 16, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, in an action to recover upon a policy of life insurance. B. T. Wright, for appellant. Irving H. Palmer, for respondent.

PER CURIAM. Judgment affirmed, with costs.

BARTLETT, HAIGHT, VANN, WERNER, CULLEN, C. J., and GRAY, EDWARD T. and HISCOCK, JJ., concur.

SUNSWICK LAND CO., Respondent, v. MURDOCK, Appellant. (Court of Appeals of New York. June 7, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (129 App. Div. 579, 114 N. Y. Supp. 436), entered January 9, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to compel specific performance of a contract to purchase real property. Herbert S. Murphy, for appellant. Arthur J. Baldwin, for respond

ent.

SWAIN, Respondent, v. SCHONLEBEN et al., Appellants. (Court of Appeals of New York. May 17, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (130

SWOBODA, Respondent, v. HOLLINS, Appellant. (Court of Appeals of New York. March 29, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (127 App. Div. 940, 111 N. Y. Supp. 1146), entered July 11, 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 alleged breaches of contract. Paris S. Russell and John Ingle, Jr., for appellant. Lamont McLoughlin, William J. Barr, E. W. Tyler, and Edgar A. Martin, for respondent. PER CURIAM. Judgment affirmed, with

TESCHMACHER, Appellant, v. CLEMENT, State Com'r of Excise, et al., Respondents. (Court of Appeals of New York. March 29, 1910.) Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the First Judicial Department (135 App. Div. 538, 120 N. Y. Supp. 537), entered December 30, 1909, which affirmed an order of Special Term denying a motion for an injunction to restrain the defendants from seizing, removing, or canceling a liquor tax certificate. The following question was certified: "Does the forfeiture of a liquor tax certificate under subdivision 3 of section 36 of the liquor tax law of 1909, follow upon two convictions of employés of the holder when both convictions were had during the lifetime of the same certificate, but one of the offenses for which a conviction was had occurred during the lifetime of a prior certificate held by the same principal?" P. A. McManus, for appellant. Frederick W. Stelle and Herbert H. Kellogg, for respondents.

PER CURIAM. Order affirmed with costs, and question certified answered in the affirmative.

CULLEN, C. J., and HAIGHT, VANN, HISCOCK, and CHASE, JJ., concur. WILLARD BARTLETT, J., dissents, on dissenting opinion below. WERNER, J., absent.

THOMPSON, Respondent, v. METROPOLITAN LIFE INS. CO., Appellant. (Court of Appeals of New York. April 26, 1910.) Appeal from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department (128 App. Div. 420, 113 N. Y. Supp. 225), entered November 27, 1908, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover upon a policy of life insurance. See, also, 118 App. Div. 918, 103 N. Y. Supp. 1143. John L. Hunter, for appellant. P. McLaughlin, for respondent.

PER CURIAM. Order affirmed, and judgment absolute ordered against appellant on the stipulation, with costs in all courts.

CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, VANN, WILLARD BARTLETT, and CHASE, JJ., concur. HAIGHT,

TIERNEY, Respondent, v. DUBROFF et al., Appellants. (Court of Appeals of New York. May 3, 1910.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (134 App. Div. 930, 118 N. Y. Supp. 1146), entered November 1, 1909, affirming a decision of the Queens County Court at a Trial judgment in favor of plaintiff entered upon a Term without a jury in an action to foreclose certain mortgages on real property. The motion was made upon the ground that no question of law was involved, since the Appellate Division had unanimously decided that the findings of fact were supported by the evidence and the exceptions appearing in the record were frivolous. Clarence Edwards, for the motion. Walter F. Durack, opposed.

PER CURIAM. Motion denied, with $10 costs

TOLSON, Respondent, V. NATIONAL PROVIDENT UNION, Appellant. (Court of Appeals of New York. March 15, 1910.) Appeal from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (130 App. Div. 884, 114 N. Y. Supp. 1149), entered January 11, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order deny. ing a motion for a new trial in an action to recover upon a certificate of life insurance. Edward S. Peck, for appellant. Alva Collins, for respondent.

PER CURIAM. Judgment affirmed, with

costs.

CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, and CHASE, JJ., concur.

TROUTWINE, Appellant, v. HOFF, ReMarch 15, 1910.) Appeal from a judgment of spondent. (Court of Appeals of New York. the Appellate Division of the Supreme Court in 556, 110 N. Y. Supp. 295), entered May 26, 1908, the Third Judicial Départment (126 App. Div. modifying and affirming as modified a judgment for nominal damages in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, in an action Frank C. Wood, for appellant. H. D. Wright, to recover for an alleged breach of contract. for respondent.

PER CURIAM. Judgment affirmed, with

costs.

CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, HAIGHT, WILLARD BART LETT, and CHASE, JJ., concur. VANN, J., absent.

TUCKER et al., Appellants, v. SUPREME TENT OF KNIGHTS OF THE MACCABEES OF THE WORLD, Respondent. (Court of Appeals of New York. April 8, 1910.) Ap peal from a judgment entered December 30, 1908, upon an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department (128 App. Div. 918, 113 N. Y. Supp. 1149), overruling plaintiffs' exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiffs upon the verdict in their favor at the Trial Term for the amount of defendant's offer of judgment in an action to recover upon a certificate of life insurance. Arthur W. Hickman and Frederic C. Rupp, for appellants. George P. Keat ing, for respondent.

PER CURIAM. Judgment affirmed, with costs.

CULLEN, C. J., and GRAY, EDWARD T. BARTLETT, VANN, WERNER, and HIS