REPORTS OF CASES HEARD AND DETERMINED IN THE APPELLATE DIVISION OF THE с SUPREME COURT OF THE STATE OF NEW YORK. JEROME B. FISHER, REPORTER. VOLUME CXIX. 1907. J. B. LYON COMPANY, ALBANY, N. Y. Entered, according to Act of Congress, in the year nineteen hundred and seven, BY JOHN S. WHALEN, SECRETARY OF THE STATE OF NEW YORK, In trust for the benefit of the People of the said State, in the office of the Librarian of Congress, at Washington, D. C. MAY 20 1908 LO J. B. LYON COMPANY, LYON BLOCK, ALBANY, N. Y. Every tenth volume of Hun's Reports from vol. 20 to vol. 90, and every tenth volume of Appellate Division Reports from vol. 10 to vol. 70 contains a Table of the Causes, published in Hun's Reports, which have been passed upon by the Court of Appeals. Volume 100 App. Div. contains a table collecting all the causes published in the Appellate Division Reports passed upon prior to the issue of that volume. The table published in vol. 110, together with the table in vol. 108, contains causes passed upon from the issue of vol. 100 to April 17, 1906. iv JEROME B. FISHER, Reporter. CAUSES in which the decisions contained in the Appellate Division Reports have been passed upon by the Court of Appeals. AMSINCK. ROGERS.. 103 App. Div. 428 Judgment affirmed: 189 N. Y. 252. GRANT . CANANEA CONSOLIDATED COPPER Co...... 117 App. Div. 576 Order reversed and question certified answered in the affirmative: 189 N. Y. 241. HATFIELD . STRAUS 117 App. Div. 671 Order affirmed: 189 N. Y. 208. MATTER OF COSTELLO. (Nos. 1 & 2)..... .... 117 App. Div. 807 Order reversing absolutely order of Surrogate's Court modified and as modified affirmed; order dismissing appeal from order of surrogate affirmed: 189 N. Y. 288. MATTER OF FARMERS' LOAN & TRUST Co.. ...... 119 App. Div. 104 Decree of surrogate and order of. Appellate Division modified and as modified affirmed: 189 N. Y. 202. PEOPLE. NEW YORK BUILDING LOAN BANKING CO........ Appeal dismissed: 189 N. Y. 233. PEOPLE EX REL. BURNHAM v. FLYNN. .... Order affirmed: 189 N. Y. 180. 114 App. Div. 904 114 App. Div. 578 117 App. Div. 856 PEOPLE EX REL. LODES . DEPT. OF HEALTH........ SUTHERLAND . CITY OF ROCHESTER... 112 App. Div. 712 Judgment reversed: 189 N. Y. 198. THOMPSON. SUPREME TENT OF KNIGHTS OF MACCABEES.... 114 App. Div. 906 Order reversed and judgment affirmed: 189 N. Y. 294. WATERS & Co. v. GERARD.. Judgment affirmed: 189 N. Y. 302. ZARTMAN v. FIRST NAT. BANK OF WATERLOO.. 106 App. Div. 431 109 App. Div. 406 Judgment affirmed: 189 N. Y. 267. The attention of the profession is called to the fact that the Court of Appeals in many cases decides an appeal upon other grounds than those stated in the opinion of the court below. The affirmance or reversal of the judgment of the Appellate Division does not necessarily show that the Court of Appeals concurred in, or dissented from, the statements contained in the opinion of the Supreme Court. (Rogers v. Decker, 131 N. Y. 490.) — [REP. |