App. Div.] First Department, February, 1921. STANDISH CHARD, as Receiver in Supplementary Proceedings of CORNELIUS J. SULLIVAN, Respondent, v. RYAN-PARKER CONSTRUCTION COMPANY, Appellant. Contracts when not corrupt or against public policy. Appeal from a judgment of the Supreme Court in favor of the plaintiff, entered in the New York county clerk's office on the 28th day of July, 1919, on the verdict of a jury, and from an order entered in said clerk's office on the 6th day of October, 1919, denying a motion for a new trial. Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ.; Clarke, P. J., and Greenbaum, dissenting. CLARKE, P. J. (dissenting): I dissent upon the ground that the finding of the jury that the contract in suit is not illegal and against public policy is clearly against the evidence and the weight thereof. It seems clear to me that its sole purpose was to engage political aid and that it obviously tended to secret and improper resort to public officers. SUSAN D. BRIGHTSON, Appellant, v. JOHN CLAFLIN, Respondent. Pleading Appeal from final judgment of the Supreme Court in favor of defendant, entered in the office of the clerk of the county of New York on the 15th day of January, 1920, upon the report of a referee. Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Laughlin, Smith, Page and Merrell, JJ.; Laughlin, J., dissenting. LAUGHLIN, J. (dissenting): I dissent upon the ground that, in my opinion, the defendant should have pleaded that the stock was held by the company as collateral for the note. (See Barber v. Ellingwood, No. 2, 137 App. Div. 704, 714.) Were it not for this technical omission so to plead, I would vote for affirmance. BONWIT, TELLER & Co., Appellant, V. ELIZABETH K. HOSFORD, Respondent. Determination affirmed, with costs. No opinion. PresentClarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. AARON MONOWITZ, Appellant, v. JAMES BRACKENRIDGE and Others, Respondents.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. IDA WARONEN, as Administratrix, etc., Respondent, v. ARTHUR MCMULLEN COMPANY and Another, Defendants, Impleaded with NEW YORK, WESTCHESTER AND BOSTON RAILWAY COMPANY, Appellant.- Order affirmed, First Department, February, 1921. [Vol. 195. with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAM SCHORR, Appellant. Judgment affirmed. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. ISAAC KASTON, Respondent, v. NATHAN ZIMMERMAN, Defendant, Impleaded with GEORGE ORLOVE & CO., INC., Appellant.-Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.; Dowling and Page, JJ., dissenting and voting to reverse the judgment and dismiss the complaint upon the ground that, in their opinion, the case upon the evidence is not brought within the rule laid down in either the majority or minority opinion of this court on the prior appeal in this case (192 App. Div. 511). NATHAN DORFMAN and Another, Respondents, v. DAVID STOFF, Appellant. Judgment and order affirmed, with costs. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. JULIAN LAPINSKY, Respondent, v L. W. GOETSCHIUS & COMPANY, Appellant. Judgment and order affirmed, with costs. No opinion. Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Present HERMAN BERMAN, Respondent, v. CHARLES M. BERNSTEIN, Appellant.— Judgment affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. JAY G. WILBRAHAM, Appellant, v. JENNY Stafford MurPHEY, Respondent. Order affirmed, with ten dollars costs and disbursements, with leave to plaintiff to serve an amended complaint on payment of said costs and ten dollars costs of motion at Special Term. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. WILLIAM SELONEK, Appellant, v. INTERBOROUGH RAPID TRANSIT COMPANY, Respondent.-- Order affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. THOMAS HOGAN, an Infant, by MARY HOGAN, His Guardian ad Litem, Respondent, v. BIRNS EXPRESS, Inc., Appellant.— Judgment reversed, with costs, and complaint dismissed, with costs, on the authority of Rolfe v. Hewitt (227 N. Y. 486). Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. MABEL I. BRADFORD, Respondent, v. BLACK AND WHITE CAB COMPANY, Appellant. Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. MAURICE O'MEARA COMPANY, Respondent, v. CONTINENTAL FOLDING PAPER BOX COMPANY, Appellant.- Judgment and order affirmed, with costs. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. COMMISSIONER OF PUBLIC CHARITIES OF THE CITY OF NEW YORK on Complaint of MARY STEINMAN, Respondent, v. HARRY TULLY, Appellant. - Order affirmed. No opinion. Present Clarke, P. J., Dowling, Smith, Page and Greenabum, JJ. - GEORGE U. HIND and Another, Copartners, Doing Business under the App. Div.] First Department, February, 1921. Name of HIND-ROLPH & Co., Respondents, v. A. KLIPSTEIN & Co., Appellant. Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer on payment of costs in this court and at Special Term. No opinion. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. BERTHA HELLMAN, as Administratrix, etc., of EDWARD HELLMAN, Deceased, Respondent, v. FRED SCHNEIDER, INC., Appellant.- Judgment and order affirmed, with costs. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. THOMAS BLAKE, Respondent, V. THOMAS & BUCKLEY HOISTING COMPANY, Appellant. Judgment and order affirmed, with costs. No opinion. Present -Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.; Clarke, P. J., dissenting. NATIONAL LIBERTY INSURANCE COMPANY OF AMERICA, Respondent, v. THE GLOBE AND RUTGERS FIRE INSURANCE COMPANY, Appellant.- Judgment affirmed, with costs. No opinion. Present― Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.; Smith, J., dissenting and voting for modification by reducing the judgment by six-thirty-fifths, the amount that has been paid on a fire loss. EDWARD V. ODELL, Appellant, v. JOHN F. GILCHRIST, as Commissioner of Licenses of the City of New York, Respondent.— Judgment affirmed, with costs. No opinion. Present- Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. HARRY A. COCHRANE, Plaintiff, v. NEW YORK LIFE INSURANCE COMPANY, Defendant. Exceptions overruled and judgment ordered to be entered on dismissal of complaint. No opinion. Settle order on notice. Present Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. LOUIS E. HERZ, as Stockholder of the AUTOMOBILE MECHANICS CORPORATION, Suing for Himself and Others Similarly Situated, Respondent, V. AUTOMOBILE MECHANICS CORPORATION and Others, Defendants, Impleaded with EDWARD J. WELCH, Appellant.— Order affirmed, with ten dollars costs and disbursements, with leave to defendant to withdraw demurrer and to answer on payment of said costs, and ten dollars costs of motion at Special Term. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. LOUIS E. HERZ, as Stockholder of the AUTOMOBILE MECHANICS CORPORATION, Suing for Himself and Others Similarly Situated, Respondent, v. AUTOMOBILE MECHANICS CORPORATION and Others, Defendants, Impleaded with EDWARD H. GARCIN, Appellant.— Order affirmed, with ten dollars costs and disbursements, with leave to defendant to withdraw demurrer and to answer on payment of said costs and ten dollars costs of motion at Special Term. No opinion. Present - Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. -- THE BRONX GAS AND ELECTRIC COMPANY, Respondent, v. THE PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, FIRST DISTRICT, and Others, Appellants, Impleaded with ADOLPH C. ANDERSEN and Others, Defendants.-Order modified by requiring plaintiff to give appropriate First Department, February, 1921. [Vol. 195. receipts to consumers, and as so modified affirmed, with ten dollars costs and disbursements to respondent. No opinion. Settle order on notice. Present - Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. THE GORDON'S DRY GIN COMPANY LTD., Appellant, v. GLICKSTEIN, WILKENFELD & TERNER, INC., Respondent.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present - Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. HENRY A. SOLELIAC, Respondent, v. PENNSYLVANIA TEXTILE COMPANY, Appellant. Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. MAMIE CONTI, Respondent, v. MAX COHEN, INC., Appellant.- Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the authority of Funger v. Brooklyn Bottle Stopper Co. (132 App. Div. 837). Present - Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ: PATRICK H. ROCHE, Respondent, v. EDGAR S. APPLEBY, Defendant, Impleaded with Q. R. S. COMPANY and Others, Appellants. Orders affirmed, with ten dollars costs and disbursements; the date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. PATRICK H. ROCHE, Respondent, v. EDGAR S. APPLEBY, Appellant, Impleaded with Q. R. S. COMPANY and Others, Defendants. Order affirmed, with ten dollars costs and disbursements; the date for the examination to proceed to be fixed in the order. No opinion. Settle order on. notice. Present - Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. ROBERT BERNHARD, Appellant, v. HARRY COHEN and Others, Respondents. Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. PHILIP REINGOLD and SAMUEL F. NEWMARK, Copartners Doing Business under the Firm Name and Style of THE REINGOLD HOSIERY CO., Respondents, v. FIDELITY KNITTING MILLS, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. PERFECTION TIRE & RUBBER COMPANY, INC., Respondent, v. PERFECTION TIRE AND RUBBER COMPANY, Appellant.- Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell, and Greenbaum, JJ. IRVING H. HERRMANN and Another, Copartners Trading under the Firm Name and Style of HERRMANN & ROSENTEUR, Appellants, v. BURLINGTON TEXTILE COMPANY, Respondent.- Order reversed, with ten dollars costs and disbursements, and motion to set aside service denied, with ten dollars costs. No opinion. Present — Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. JAMES MILLER, Respondent, v. C. AMORY STEVENS, Appellant.— Order App. Div.] First Department, February, 1921. affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. FLORENCE L. RISK, Appellant, v. JAMES RISK, Respondent.- Order affirmed. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. LENA RIZZO, Respondent, v. affirmed. No opinion. Present Merrell and Greenbaum, JJ. Order affirmed, Present — Clarke, LESLIE C. HARRIS, Respondent, v. HARRY L. MANDEVILLE, Appellant.— Order affirmed, with ten dollars costs and disbursements. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. SUSQUEHANNA SILK MILLS, Appellant, V. SEYMOUR ABRAMS, Doing Business as STANDARD COSTUME COMPANY, Respondent. with ten dollars costs and disbursements. No opinion. P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. SIMON ROSENBERG and Another, Copartners Doing Business under the Firm Name and Style of ROSENBERG & ADLER, Appellants, v. HARRY A. SCHOENEN and Another, Copartners Doing Business under the Firm Name and Style of H. A. SCHOENEN & SON, Respondents. Order affirmed, with ten dollars costs and disbursements. No opinion. Present P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. Clarke, THOMAS W. SIMMONS & COMPANY, INC., Respondent, v. J. E. DOCKENDORFF & CO., INC., Appellant.- Order affirmed, with ten dollars costs and disbursements; the date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. BIRD S. COLER, Commissioner of Public Charities of the City of New York on Complaint of LENA BECKMAN, Respondent, v. HARRY WOSTEIN, Correct Name HARRY WERSTEIN, Appellant.- Order affirmed. No opinion. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. In the Matter of ALFRED A. MALCOMSON, Deceased.- Motion to dismiss appeal denied, without costs, without prejudice to renewal after decision of pending motion in the Surrogate's Court. - Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. Present FREDERICK W. GNICHTEL, as Receiver, v. IRVING D. STONE.- Motion to dismiss appeal denied, with ten dollars costs. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. THE PEOPLE OF THE STATE OF NEW YORK, V. JOHN HILL.-Motion to dismiss appeal granted. Present Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. HARRY TREAT BEERS V. HENRY B. PLANT and Others, as Executors, etc.— Motion to dismiss appeal granted, with ten dollars costs, unless appellant complies with terms of order. Present - Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. --- FLORENCE J. MATTLE V. MARY COHN, Impleaded, etc.- Application denied, with ten dollars costs. Order signed. Present- Clarke, P. J., Laughlin, Dowling, Merrell and Greenbaum, JJ. |