Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Volume 61

action agreement alleged amount appellant application assignment authority Calvary Cemetery charge Childs & Co Civil Procedure claim clause clerk Code of Civil complaint concurred contract contributory negligence corporation costs and disbursements court court of equity creditors damages debt deceased DECEMBER TERM decree deed defendant defendant's devise directed dollars costs easement entered entitled evidence ex rel execution executors and trustees fact FIFTH DEPARTMENT FOURTH DEPARTMENT granted held HUN-VOL husband IMPLEADED injury intention intestate Judgment affirmed jury justice land legacies liable ment Monroe county mortgage motion naphtha negligence NOVEMBER TERM OCTOBER TERM opinion paid party payment person plaintiff premises provisions purpose question Railroad Company real estate received recover referred residue and remainder respondent reversed rule Special Term statute street testator thereof THIRD DEPARTMENT Tilden Trust tion town of Champlain trial verdict wife William Spaulding York