(185 N.Y.S.)

UNION EXCHANGE NATIONAL BANK OF NEW YORK v. Samuel L. JOSEPH. (Supreme Court, Appellate Division, First Department. January 28, 1921.) Motion granted; question certified; order filed.

UNION SMOKED FISH CO., Inc., Respt., v. TILLAMOOK BAY FISH CO., Apelt. (Supreme Court, Appellate Division, First Department. January 28, 1921.) Order (113 Misc. Rep. 360, 185 N. Y. Supp. 479) affirmed, with $10 costs and disbursements. No opinion. Order filed.

VILLAGE OF PERRY, Respt., v. PAVILION NATURAL GAS CO., Applt. VILLAGE OF MT. MORRIS, Respt., v. PAVILION NATURAL GAS CO., Applt. VILLAGE OF WARSAW, Respt., v. PAVILION NATURAL GAS CO., Applt. (Supreme Court, Appellate Division, Fourth Department. December 1, 1920.) In each case, stay vacated, and argument of appeal put over present term of court. See, also, 111 Misc. Rep. 565, 182 N. Y. Supp. 73; 183 N. Y. Supp. 792, 184 N. Y. Supp. 327.

Samuel VISOTZIK, applt., v. RUNKEL BROS.,_respt. (Supreme Court, Appellate Division, First Department. December 3, 1920.) Judgment and order affirmed, with costs.

Anna VISOTZIK, an infant, etc., Applt., v. RUNKEL BROS., Respt. (Supreme Court, In the Matter of the application of the UNIT-Appellate Division, First Department. DecemED STATES FIDELITY & GUARANTY ber 3, 1920.) Judgment and order affirmed, with COMPANY, to be relieved as surety on the costs. No opinion. Order filed. bond of George C. Butts. as administrator of Kittie C. BUTTS, deceased. (Supreme Court, Appellate Division, Second Department. December 17, 1920.) Order of the Surrogate's Court of Suffolk County (109 Misc. Rep. 348, 179 N. Y. Supp. 877) reversed, and motion granted, with $10 costs and disbursements, on the ground that the surety was entitled to its discharge as provided by section 812 of the Code of Civil Procedure, as amended by Laws of 1901. chapter 524, as a matter of right. Jenks, P. J., and Rich, Putnam, Blackmar, and Kelly, JJ., concur.

=

UNITED STATES MORTGAGE & TRUST CO., Respt., v. LIBERTY NATIONAL BANK, Applt. (Supreme Court, Appellate Division, First Department. January 28, 1921.) Order (184 N. Y. Supp. 32) affirmed, with $10 costs and disbursements. No opinion. Order filed.

UNITED STATES TRANSPORT. IMPORT & EXPORT CO., Inc., Respt., v. NATIONAL SURETY CO., Applt. (Supreme Court, Appellate Division, First Department. December 31, 1920.) Order affirmed, with $10 costs and disbursements, with leave to defendant to withdraw demurrer and to answer, on payment of said costs and $10 costs of motion at Special Term. No opinion. Order filed.

UNIVERSAL STEEL EXPORT CO., Inc.,

Respt., v. N. & G. TAYLOR CO., Inc., Applt. (Supreme Court, Appellate Division, First De partment. January 14, 1921.) Order modified, as directed in order, and, as so modified, affirmed, without costs. No opinion. Order filed.

Marguerite A. VALLIERE, as administratrix of the goods, chattels and credits of Joseph Valliere, deceased, respt., v. Louis RIDGWAY, applt. (Supreme Court, Appellate Division, Third Department. January 22, 1921.) Order unanimously affirmed, with costs.

Charles H. VAN DOREN, suing, etc., Respt., 7. STANCOURT LAUNDRY CO. et al., Applts. (Supreme Court, Appellate Division, First Department. December 24, 1920.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

opinion. Order filed.

No

Beatrice B. VOM HOFE, respondent, v. Edwin C. VOM HOFE, appellant. (Supreme Court, Appellate Division, Second Department. January 7, 1921.) Order modified, by reducing the counsel fee allowed therein to $500, and, as thus modified, affirmed, without costs. opinion. Jenks, P. J., and Mills, Rich, Blackmar, and Jaycox, JJ., concur.

No

Max WEINBERGER, as Admr., etc., Respt., | ment. January 22, 1921.) Motion granted, unV. AMERICAN RAILWAY EXPRESS CO., Applt. (Supreme Court, Appellate Division, First Department. January 21, 1921.) Judgment and order affirmed, with costs. No opinion. Order filed.

less, within 20 days, the appellant files and serves printed case on appeal, places case on calendar for the next term, and pays $10 costs of this motion, in which case motion is denied, without costs.

Katherine WEINZ, Applt., v. John WEINZ Jonas E. WILLIE, respt., v. Joseph LUCZet al., Respts. (Supreme Court, Appellate Di- KA, applt. (Supreme Court, Appellate Divivision, Fourth Department. January 5, 1921.) sion, Third Department. January 22, 1921.) Appeal dismissed, without costs, upon stipula-Motion denied. See, also, 193 App. Div. 826, tion filed. 184 N. Y. Supp. 751.

David
V.

Morris WEISMAN, appellant,
ROTHENSTEIN, respondent.
Court, Appellate Division, Second Department.
December 17, 1920.) Order affirmed, with
costs. No opinion. Jenks, P. J., and Rich,
Putnam, Blackmar, and Kelly, JJ., concur.

(Supreme Joseph W. WILMES, respt., v. Simeon E.
(Supreme Court, Appel-
FOURNIER, applt.
November
late Division, Fourth Department.
Judgment and order (111 Misc.
17, 1920.)
Rep. 9, 180 N. Y. Supp. 860) affirmed, with
costs. All concur. See, also, App. Div.
-, 185 N. Y. Supp. 958.

Abraham I. WEISSMAN, Respt., v. Barnet DAVIS et al., Respts. (Supreme Court, ApJanuary pellate Division, First Department. 21, 1921.) Judgment and order affirmed, with costs. No opinion. Clarke, P. J., dissents. Order filed.

Joseph W. WILMES, Respt., v. Simeon E. FOURNIER, Applt. (Supreme Court, AppelJanuary late Division, Fourth Department. 5, 1921.) Motion for leave to appeal to Court See, also, of Appeals denied, with $10 costs. - App. 111 Misc. Rep. 9, 180 N. Y. Supp. 860; INDiv. 185 N. Y. Supp. 958.

Lizzie WEKERLE, as Admx., etc., v. TERBOROUGH RAPID TRANSIT CO. (Supreme Court, Appellate Division, First Department. December 17, 1920.) Motion to disOrder miss appeal granted, with $10 costs. filed.

Lulu WHITE, formerly Lulu Fanning, respondent, v. John W. FANNING, Jr., appellant. (Supreme Court, Appellate Division, Second Department. December 31, 1920.) Whether or not the plaintiff by her remarriage has submitted to the jurisdiction of the Georgia court and accepted its decree, still at the date of that decree there was alimony due from the appellant under the judgment of the Supreme Court justifying the appointment of a receiver under section 1772 of the Code of Civil Procedure. Order affirmed, with $10 costs and disbursements. Jenks, P. J., and Mills, Putnam, Blackmar, and Kelly, JJ., con

cur.

In the matter of the claim for compensation under the Workmen's Compensation Law made on account of the death of Floyd E. WHITTEMORE, deceased, by Charles E. Whittemore, father, and the claim of Gertrude A. Whittemore, mother, claimant, respondent, against BINGHAMTON LIGHT, HEAT & POWER COMPANY, employer, and Utilities Mutual Insurance Company, insurance carrier, appellants. (Supreme Court, Appellate Division, Third Department. January 22, 1921.) Award unanimously affirmed.

In the Matter of the Application of Alvin W. WISE, Applt., for the removal of the ALBERT SCHULER PIANO CO., Inc., Respt. (Supreme Court, Appellate Division, Fourth Department. December 23, 1920.) Judgment affirmed, with costs, upon the authority of Paige, Ch. 412; Chretien Piggot v. Mason, v. Doney, 1 N. Y. 419: Swan v. Inderlied, 187 N. Y. 372, 80 N. E. 195. All concur.

Stephen WISE et al. v. Jacob BLUMENTHAL. (Supreme Court, Appellate Division, First Department. December 24, 1920.) Mo- ' tion denied, with $10 costs. Order filed.

Frank WISE, applt., v. DIRECTOR GENIn the matter of the final judicial settlement ERAL OF RAILROADS (New York Central (Supreme Court, Apof the account of Frank B. WICKES, as sole Railroad Co.), Respt. January administrator of the personal ESTATE of pellate Division. First Department. George A. HOUGHTALING, deceased. (Su-21, 1921.) Judgment affirmed, with costs. No preme Court, Appellate Division, Third Depart-opinion. Order filed.

(185 N.Y.S.)

Elsie WOERZ, an infant, etc., v. Hattie thority to accept service thereof or appear for ROZENFELD et al. (Supreme Court, Appel- the defendant, if legally dead, nor does it give late Division, First Department. December this Court jurisdiction to hear the appeal. All 24, 1920.) Motion denied, with $10 costs. Or- concur. der filed.

John R. WOFIELD and Alvin S. Morsereau, respondents, v. W. BECKERS ANILINE & CHEMICAL WORKS, Inc., appellant. (Supreme Court, Appellate Division, Second Department. December 10, 1920.) Motion for leave to appeal to the Court of Appeals denied.

Abraham WOLFF v. TRAVELERS' INDEMNITY CO. (Supreme Court, Appellate Division, First Department. December 10, 1920.) Application granted. Order signed.

YORKVILLE MOTOR CO., Inc., v. Samuel P. CRONER. (Supreme Court, Appellate Division, First Department. January 28, 1921.) Application granted. Order signed.

Will C. YOUNG v. YOUNG-PIERCE OIL CO. et al. (Supreme Court, Appellate Division, First Department. December 24, 1920.) Motion for stay pending appeal granted. Settle order on notice.

Charles F. YUENGLING, Applt., v. ELEVATOR SUPPLY & REPAIR CO., Respt. (SuSarah E. WOOD, Plff., v. Walburga BRUN-preme Court, Appellate Division, First DeNETT et al., Defts. (Supreme Court, Appel-partment. December 17, 1920.) Judgment aflate Division, Fourth Department. January firmed, with costs. No opinion. Order filed. 21, 1921.) Order affirmed, with $10 costs and disbursements. All concur.

WOOLSON SPICE CO. V. COLUMBIA

TRUST CO., as Exr., etc., impleaded, etc. (Supreme Court, Appellate Division, First Department. December 24, 1920.) Motion denied, with $10 costs. Order filed.

WORMSER MORRIS CO., Inc., Respt., v. Israel S. TITELMAN et al., Applts. (Supreme Court, Appellate Division, First Department. December 17, 1920.) Judgment and order affirmed, with costs. No opinion. Order filed.

William WRIGHT, Applt., v. TOWN OF WILMURT, Respt. (Supreme Court, Appellate Division, Fourth Department. December 3, 1920.) Appeal dismissed, without costs.

PER CURIAM. We decline to hear this appeal, for the reason that, if the defendant is legally dead and the action has abated, the action was properly stricken from the calendar; if not, the plaintiff should have moved to vacate the order upon notice to the defendant or its legal successor, as the order was made ex parte, without notice or hearing to defendant. The notice of appeal is directed to the attorneys for the defendant, but they have no au

Arthur L. ZADUK, Respt., v. May M. ZADUK, Applt. (Supreme Court, Appellate Division, First Department. December 24, 1920.) Order affirmed, without costs. No opinion. Order filed.

In the Matter of Jose ZAYAS y Usatorres, deceased. (Supreme Court, Appellate Division, First Department. December 24, 1920.) Order affirmed. with costs. No opinion. Order filed. See, also, 112 Misc. Rep. 437, 183 N. Y. Supp. 142.

In the matter of the claim for compensation under the Workmen's Compensation Law, made by Richard J. ZIMMER, claimant, respondent, against CHARLES L. SEABURY & COMPANY, employer, and United States Fidelity & Guaranty Company, insurance carrier, appellants. (Supreme Court, Appellate Division, Third Department. January 22, 1921.) Motion denied.

Margaret ZUNDT, appellant, v. CRANFORD COMPANY, respondent; Brooklyn Union Gas Company, defendant. (Supreme Court, Appellate Division, Second Department. January 7, 1921.) Order unanimously affirmed, with costs. No opinion.

KEY NUMBER SYSTEM

THIS IS A KEY-NUMBER INDEX

It Supplements the Decennial Digests, the Key-Number Series and
Prior Reporter Voluzie Index-Digests

17 (N.Y.Sup.) Accord, without satisfac- See Principal and Agent.
tion, no bar to action.-Potter v. Kurlander
Bros. & Harfield Cloak & Suit Co., 556.