Page images
PDF
EPUB

fer tax upon the estate of Darius 0. Mills, deceased. The appraiser refused to tax $2,000, NASH, Respondent, v. ZIMMER, Appellant. 000 which the comptroller contends was a part (Court of Appeals of New York. Nov. 3, 1916.) of the estate, because he found that gifts of said Appeal from a judgment, entered January 27, sum bad been completed in the lifetime of the 1915, upon an order of the Appellate Division deceased, $1,000,000 to a son, Ogden Mills, and of the Supreme Court in the Second Judicial $1,000,000 to a daughter, Elizabeth M. Reid, Department (165 App. Div. 67, 151 N. Y. Supp. and the appellant contends that this was error 96), reversing a judgment in favor of defendant, because the alleged gifts were never in fact de- entered upon a decision of the court on trial at livered and there is no evidence either of a pres- Special Term, and directing judgment in favor ent intent to give or of a present intent to de- of plaintiff upon the merits in an action to set liver the gift. The only question involved in aside and cancel of record a forged assignment this case is whether the title to this property of a mortgage. The bond and mortgage were in comes to the son and daughter under the will or the hands of plaintiff's attorney who forged an by gift inter vivos. Schuyler C. Carlton, Alex- assignment thereof and delivered them to deander_Otis, and Lafayette B. Gleason, all of fendant for value. The question was as to who New York City, for appellant. Francis Lynde was to suffer for the misconduct of the attorStetson and Hall Park McCullough, both of New ney. Robert J. Robeson, of New York City, for York City, for respondents.

appellant. Jeremiah F. Connor, Edward P. LyPER CURIAM. Order affirmed, with costs. on, and William B. Shelton, all of New York WILLARD BARTLETT, C. J., and CHASE, City, for respondent. COLLIN, CUDDEBACK, HOGAN, CARDO PER CU'RIAM. Judgment affirmed, with Zo, and POUND, JJ., concur.

costs.

WILLARD BARTLETT, C. J., and HISCOCK, CHASE, COLLIN, CUDDEBACK,

CARDOZO, and POUND, JJ., concur. MOFFETT, Appellant, v. PIEL, Respondent. (Court of Appeals of New York. Nov. 21, 1916.). Appeal from a judgment of the Appellate Division of the Supreme Court in the Sec NATIONAL SURETY CO., Respondent, y. ond Judicial Department (166 App. Div. 898, BREUCHAUD, Appellant. (Court of Appeals 150 N. Y. Supp. 1097), entered February 2, of New York. Oct. 10, 1916.) Motion to dis1915, affirming a judgment in favor of defend- miss an appeal from a judgment of the Appelant entered upon a verdict directed by the court late Division of the Supreme Court in the First in an action to recover damages on account of Judicial Department (165 App. Div. 395, 150 the alleged failure of the defendant's testator, N. Y. Supp. 826), entered January 1915, afsaid Hermann Petersen, as trustee, to execute firming a judgment in favor of plaintiff entered and deliver a deed to the plaintiff' for certain upon å verdict directed by the court in an acreal property sold by said Hermann Petersen, tion to recover a premium on a surety bond. as trustee, through an auctioneer at public auc- | The motion was made upon the grounds that the tion, and purchased by said plaintiff according decision of the Appellate Division was unanito the auctioneer's memorandum of sale. The mous, that the exceptions were frivolous, and action was one at law to recover damages for that the appeal was taken for purpose of debreach of contract and was so tried. The de lay only. William R. Page, of New York City, fendant's answer, in effect, was a general de- for the motion. A. T. Clearwater, of Kingston, nial, with pleas of res adjudicata, waiver, and opposed. estoppel set forth as special defenses. E. V. B.

PER CURIAM. Motion denied, with $10 Getty, of New York City, and Robert E. Moffett, of Brooklyn, for appellant. Aaron P. Jetmore and Cornelius S. Pinkney, both of New York City, for respondent.

In re NAUL. (Court of Appeals of New PER CURIAM. Judgment affirmed, with York. Oct. 24, 1916.) Appeal from an order of costs.

the Appellate Division of the Supreme Court in CHASE, COLLIN, HOGAN, CARDOZO, and the Second Judicial Department (172 App. Div. POUND, JJ., concur. WILLARD BART- 965, 157 N. Y. Supp. 1137), entered February LETT, Ć. J., absent. HISCOCK, J., not vot-28, 1916, which affirmed a decree of the Suffolk ing.

County Surrogate's Court adjudging the re

spondents herein to be the sole heirs at law and NASH, Respondent,, v. MOORE, Appellant. sole issue presented by this appeal is the suf

next of kin of Robert J. Power, deceased. The (Court of Appeals of New York. Nov. 3, 1916.) ficiency of the proof of relationship between the Appeal from a judgment, entered January 27, decedent and the claimants, respondents, and 1915, upon an order of the Appellate Division whether the finding of fact declaring that relaof the Supreme Court in the Second Judicial tionship is supported by the evidence. Egburt Department (165 App. Div. 67, 151 N. Y. Supp. E. Woodbury, Atty. Gen. (Robert P. Beyer and 96), reversing a judgment in favor of defend- Leonard J. Obermeier, both of New York City, ant, entered upon a dismissal of the complaint by of counsel), for appellant. John J. Dwyer, of the court on trial at Special Term, and direct- New York City, for respondents. ing judgment in favor of plaintiff upon the mer

PER CURIAM. Order affirmed, with costs. its in an action to set aside and cancel of record a forged assignment of two mortgages. The

HISCOCK, CHASE, CUDDEBACK, HOmortgage securities were in the hands of plain- GAN, CARDOZO, and POUND, JJ., concur. tiff's attorney who forged an assignment thereof WILLARD BARTLETT, O. J., absent. and delivered them to defendant for value. The question was as to who was to suffer from the misconduct of the attorney. Charles Coleman

In re NEW YORK CENT. R. CO. (Court of Miller and Walter R. Davies, both of New Appeals of New York. Oct. 17, 1916.) Appeal York City, for appellant. Jeremiah F. Connor; from an order of the Appellate Division of the Edward P. Lyon, and William B. Shelton, all Supreme Court in the First Judicial Departof New York City, for respondent.

ment (159 N. Y. Supp. 1130), entered June 27, PER CURIAM. Judgment affirmed, with 1916, which affirmed an order of Special Term costs.

denying a motion for an order declaring irreguWILLARD BARTLETT, C. J., and HIS- lar and of no effect an election of officers and COCK, CHASE, COLLIN, CUDDEBACK, directors of the New York Central Railroad CARDOZO, and POUND, JJ., concur.

Company, on the ground that they were dis114 N.E.-68

costs.

qualified under the laws of Pennsylvania, Ohio, time of the accident within the meaning of the and Illinois. Elijah N. Zoline and William A. Workmen's Compensation Law. George A Ulman, both of New York City, for appellant. Blauvelt, Joseph A. Warren, and Francis J. Albert H. Harris, Jacob Aronson, Frederick L. MacIntyre, all of New York City, for appelWheeler, and Alexander S. Lyman, all of New lants. Egburt E. Woodbury, Atty. Gen. (Ē. C. York City, for respondents.

Aiken, Deputy Atty. Gen., of counsel), for re-
PER CURIAM. Order affirmed, with costs. spondent.
WILLARD BARTLETT, C. J., and HIS PER CURIAM. Order affirmed, with costs.
COCK, CHASE, CUDDÉBACK, HOGAN, WILLARD BARTLETT, C. J., and HIS
CARDOZO, and POUND, JJ., concur.

COCK, CHASE, COLLIN, CUDDEBACK,
HOGAN, and CARDOZO, JJ., concur.

NEW YORK CENT. & H. R. R. CO., Respondent, V. SWEETING et al., Appellants. (Court of Appeals of New York. Oct. 24, 1916.) & MARINE INS. CO., Appellant.

NORTON, Respondent, v. ST. PAUL FIRE

(Court of Appeal from an order of the Appellate Division Appeals of New York. Nov. 28, 1916.) Motion of the Supreme Court in the Fourth Judicial to dismiss an appeal from a judgment of the Department (166 App. Div. 909, 150 N. .Y. Appellate Division of the Supreme Court in the Supp. 1099), entered December 4, 1914, which Third Judicial Department (163 App. Div. 927, affirmed an order of Special Term denying a mo- 147 N. Y. Supp. 1129), entered May 11, 1914, tion to vacate and set aside a judgment of con- affirming a judgment in favor of plaintiff endemnation, to dismiss the petition of the plain- tered upon a verdict in an action on a policy of tiff herein, and to vacate and set aside all pro- fire insurance. The motion was made upon the ceedings taken by plaintiff since the granting of grounds that the affirmance by the Appellate said judgment of condemnation, on the ground Division was unanimous, that the exceptions that the petitioner is not entitled to maintain were frivolous, that no questions of law were proceedings for the acquisition of the real es- involved, and that the appeal was taken solely tate owned by the defendants and described in for delay. Thomas F. Powers, of Troy, for the the petition herein, against the wishes of the motion. Eugene D. Flanigan, of Albany, opsaid defendants, under any law of the state of posed. New York, and that the court was, and is, with

PER CURIAM. Motion granted, and apout jurisdiction to make any order appointing peal dismissed, with costs and $10 costs of commissioners in this proceeding. The promotion. ceeding was brought to condemn property of defendants for railroad purposes. Joseph McLean, Jr., of Rochester, for appellants. Daniel NYE, Respondent, V. GOVEN, Appellant. M. Beach and Leonard B. Bacon, both of Roch- (Court of Appeals of New York. Oct. 10, ester, for respondent.

1916.) Motion to dismiss an appeal from an PER CURIAM. Order affirmed, with costs. order of the Appellate Division of the Supreme WILLARD BARTLETT, C. J., and HIS- Court in the Third Judicial Department (159 COCK, CHASE, COLLIN, CUDDEBACK, N..Y. Supp. 1131), entered September 12, 1916, HOGAN, and CARDOZO, JJ., concur.

which affirmed an order of Special Term granting a motion to compel defendant to accept service of a bill of exceptions. The motion

was made upon the ground that the Court of In re NEW YORK MUNICIPAL RY. COR- Appeals was without jurisdiction to entertain PORATION et al. (Court of Appeals of New the appeal. O. R. Dunn, of Champlain, for York. Oct. 31, 1916.) Appeal from an order the motion. of the Appellate Division of the Supreme Court PER CURIAM. Motion granted, and appeal in the Second Judicial Department (158 N. Y. dismissed, with costs and $10 costs of motion. Supp. 1123), entered May 12, 1916, which affirmed orders of Special Term, one denying a motion to vacate a prior order authorizing substituted service on certain defendants, and an In re O'BRIEN. (Court of Appeals of New other confirming the report of commissioners in York. Oct. 24, 1916.) In the matter of the condemnation proceedings. See, also, 159 N. Y. application of Matthew J. O'Brien for revocaSupp. 1130. Herbert G. McLear, of New York tion of letters of administration with will anCity, for appellants. Trabue Carswell, Charles nexed of the estate of Peter Caffrey, issued to 1. Woody, and George D. Yeomans, all of Bernard A. Caffrey. Peter Caffrey, by his will, Brooklyn, for respondents.

left all of his property to one Annie O'Neill PER CURIAM. Order affirmed, with costs.

and appointed her sole executris. She subseWILLARD BARTLETT, C. J., and HIS- quently died leaving, by her will

, all of her COCK CHASE, COLLIN, CUDDEBACK, property to the petitioner herein. Subsequent HOGAN, and CARDOZO, JJ.,

to her death and prior to probate of her will the concur.

respondent herein was on his petition granted letters of administration with the will annex.

ed of the estate of Peter Caffrey. Revocation NOLAN V. CRANFORD CO. et al. (Court of such letters was asked upon the ground of Appeals of New York. Oct. 24, 1916.) Ap- that there was no cause for administration of peal from an order of the Appellate Division of goods unadministered. All the debts were paid the Supreme Court in the Third Judicial Deby Annie O'Neill, the executrix, in her lifetime, partment (171 App. Div. 959, 155 N. Y. Supp. and there are no assets in the estate of Peter 1128), entered March 7. 1916, which affirmed an Caffrey left unadministered; that the appelaward of the State Workmen's Compensation lant has and had the prior right to letters of Commission for the death of one William No- administration on the estate of Peter Caffrey ; lan. The defendant Cranford Company, which the application of the respondent for letters of was engaged in the general trucking business, administration having been made ex parte and hired horses, wagons and drivers from one without notice to the appellant O'Brien, the Kane, who paid the drivers their wagés. No one having the prior right, should be vacated lan, one of the drivers so furnished, while driv. in O'Brien's favor on his application, and that ing a wagon under the direction and control of the personal interest of the respondent is hosthe Cranford Company, was accidentally killed. tile to the will, and the issuing of letters of The question was as to whether the Cranford administration to him was contrary to the

Appellate Division (167 App. Div. 899, 151 N. , in order to induce him to make that contract Y. Supp. 1108), affirming an order denying the with the company offered personally to give application, petitioner appeals. Affirmed. Ott out of Wesel's own holdings twenty-fivo Charles F. Quantrell and Charles P. Howland, shares of the common stock of the company and both of New York City, for appellant. Wini. further offered to purchase back from Ott the fred Sullivan, of New York City, for respond said stock of the company and pay him $5,000 ent.

therefor if at the end of the year Ott was not PER CURIAM. Order affirmed, with costs. satisfied with his employment or his invest

nent. HO.

Plaintif HISCOCK, CHASE, CUDDEBACK,

apparently was willing to go GAN, CARDOZO, and POUND, JJ., concur. terms, and accordingly on March 8th, an agree

into the employ of the company upon these WILLARD BARTLETT, C. J., absent.

ment to that effect was signed by Ott and Wesel. Thereafter Ott elected to avail himself

of the right to have Wesel or his estate take O'CONNOR, Respondent, v. WEBBER et over his stock, and on January 14, 1913, be al., Appellants. (Court of Appeals of New ing 60 days prior to March 15, 1913, he perYork. Dec. 28, 1916.). Appeal from a judgment sonally handed to Ferdinand Wesel, Jr., a of the Appellate Division of the Supreme Court notice to that effect, and thereafter brought in the Second Judicial Department (170 App. this action to compel performance. Wales F. Div. 916, 154 N. Y. Supp. 1136), entered July Severance and Gustav Lange, Jr., both of New 30, 1915, affirming a judgment in favor of York City, for appellant. Louis H. Hall, of plaintiff entered upon a verdict in an action to New York City, for respondent. recover for loss sustained by reason of personal PER CURIAM. Judgment affirmed, with injuries received by plaintiff's infant son costs. through the alleged negligence of the defendant,

WILLARD BARTLETT, C. J., and COLhis employer, in requiring said infant to oper: LIN, CUDDEBACK, HOGAN, CARDOZO, ate an unguarded meat-chopping machine. The and POUND, JJ., concur. answer alleged contributory negligence. Frank absent.

HISCOCK, J., Verner Johnson and Amos H. Stephens, both of New York City, for appellants. Sydney A. Syme, of Mt. Vernon, for respondent.

OTTMANN V. BLAUGAS CO. OF CUBA PER CURIAM. Judgment reversed, and et al. (Court of Appeals of New York. Nov. new trial granted, costs to abide event, on au- | 28, 1916.). Motion to dismiss appeals from an thority of O'Connor v. Webber, 219 N. Y. 439, order of the Appellate Division of the Supreme 114 N. E. 799.

Court in the First Judicial Department (171 WILLARD BARTLETT, C. J., and HIS- App. Div. 197, 157 N. Y. Supp. 413), entered COCK, COLLIN, CUDDEBACK, CAR- February 29, 1916, which reversed as to deDOZO, and POUND, JJ., concur. HOGAN, fendants, respondents, a judgment of Special J., not voting.

Term in favor of plaintiff in an action by a purchaser of stock for rescission of his purchase

on the ground of fraud and for damages. The ONEONTA LIGHT & POWER CO., Re- motion to dismiss as to plaintiff, appellant, spondent, v. SCHWARZENBACH et al., Ap. was made upon the ground that the appeal was pellants. (Court of Appeals of New York. frivolous and presented no question which the Oct. 31, 1916.). Appeal from an order of the Court of Appeals could review. The motion to Appellate Division of the Supreme Court in dismiss as to defendant, appellant, was made the Third Judicial Department (164 App: Div. upon the ground of failure to file the requir548, 150 N. Y. Supp. 76), entered December 4. ed undertaking. Clarence De Witt Rogers of 1914, which affirmed an order of Special Term New York City, for the motion. John K. M. confirming the report of commissioners in con- Ewing, of New York City, opposed. demnation proceedings. The question was as

PER CURIAM. Motion to dismiss appeal of to whether the plaintiff had power to acquire plaintiff denied, with $10 costs. Motion to the lands in question by condemnation. Alva

dismiss appeal of defendant Sulzberger granted, Seybolt, of Oneonta, for appellants. J. F. and said defendant's appeal dismissed, with Thompson, of Oneonta, for respondent.

costs and $10 costs of motion. PER CURIAM. Order affirmed, with costs. HISCOCK, CHASE, COLLIN, CUDDE. BACK, and HOGAN, JJ., concur. 'WILLARD BARLETT, C. J., and CARDOZO, J., dissent. CENT. & H. R. R. Co., Appellant. (Court of

PAKULSKI, Respondent, V. NEW YORK Appeals of New York. Nov. 21, 1916.) Ap

peal from a judgment of the Appellate Division OTT, Responde v. WESEL, Appellant. of the Supreme Court in the Fourth Judicial (Court of Appeals of New York. Dec. 28, Department (168 App. Div. 936. 153 N. Y. 1916.). Appeal from a judgment of the Appel. Supp. 1131), entered April 30. 1915, affirming late Division of the Supreme Court in the First a judgment in favor of plaintiff entered upon & Judicial Department (168 App. Div. 913, 152 verdict in an action to recover for personal inN. Y. Supp. 1131), entered April 26, 1915, af-juries alleged to have been sustained through firming a judgment in favor of plaintiff entered the negligence of defendant. The accident ocupon a decision of the court at a Trial Term curred at Elmwood avenue in the city of Buffalo, without a jury in an action on contract. On N. Y., while the plaintiff was attempting to March 8, 1911, Ferdinand Wesel, the defend- board a moving, passenger train known as the ant's testator, was the president of F. Wesel “Gratwick Special," and which was being operManufacturing Company, a New York corpora- ated on what is known as the New York Central tion, and was likewise a director and the own-belt line. The acts of negligence of which the er of a majority of the stock of that corpora- plaintiff complains and as alleged in the comtion. It appears that Wesel, as president of plaint are: "That on the said 21st day of June, F. Wesel Manufacturing Company, desired to 1913, while plaintiff was waiting to board said employ plaintiff in the financial department of train as a passenger of the defendant, the train that company and to procure him to invest $5,- came into said station slowing down, and when 000 in the business of the company by purchas- it bad almost come to a stop and was moving ing from the company $5,000 of its preferred slowly, plaintiff, with other passengers, safely stock at par and that Wesel individually and boarded the same; while plaintiff was yet upon

costs.

the steps of the car he had so boarded, the train Appellate Division of the Supreme Court in was so negligently managed that it gave a vio- the First Judicial Department (170 App. Div. lent jerk and jar and plaintiff's footing on said 802, 156 N. Y. Supp. 679), entered December steps was taken from him and the weight of 30, 1915, which affirmed a judgment of the his body was entirely put upon his hands on Court of Special Sessions of the city of New the railings on said car steps, and he was York sustaining a demurrer to an information dragged and thrown in such a way that the charging defendant with unlawfully engaging in wheels of said train passed over his left leg.” business as an undertaker without having first H. W. Huntington, of Buffalo, for appellant. obtained a license as required by section 295 Roscoe R. Mitchell and Michael M. Cohn, both of the Public Health Law (Consol. Laws, cu of Buffalo, for respondent.

45) as amended by chapter 71 of the Laws of PER CURIAM. Judgment afirmed, with 1913. The Appellate Division held the statute

unconstitutional. Egburt E. Woodbury, Atty. WILLARD BARTLETT, C. J., and HIS- Gen. (Edward G. Griffin, Deputy Atty. Gen., COCK, CHASE, COLLIN, 'HOGAN, CARDO- of counsel), for the People. Arthur F. Driscoll,

of New York City, for respondent. Zo, and POUND, JJ., concur.

PER CURIAM. Judgment affirmed, on au

thority of People v. Ringe, 197 N. Y.' 143, 90 PALM, FECHTELER & Co., Respondent, N. E. 451. v. FECHTELER et al., Appellants. (Court of WILLARD BARTLETT, C. J., and HIS. Appeals of New York. 'Oct, 24, 1916.) Motion COCK, COLLIN, CUDDEBACK, and HO. to dismiss_an appeal from a judgment of the GAN, JJ., concur. POUND, J., not voting. Appellate Division of the Supreme Court in the First Judicial Department (165 App. Div. 989, 150 N. Y. Supp. 1100), entered January 14, 1915, affirming a judgment in favor of plaintiff. pellant. (Court of Appeals of New York. Nov.

PEOPLE, Respondent, v. KINGSLEY, Ap The motion was made upon the ground that the 3, 1916.) Appeal from an order of the Appel, defendant Fechteler had died pending the ap- late Division of the Supreme Court in the Third peal, that no person had been substituted in his Judicial Department (158 N. Y. Supp. 1125), place or stead, that no executor or administra- entered May 10, 1916, which affirmed a judg. tor of his estate bad been appointed, that upon ment of the Warren County Court rendered the return of an order to show.cause duly sery: upon a verdict convicting the defendant of the ed upon all persons interested in the decedent's crime of rape in the second degree. Fred A. estate no one had appeared in opposition to Bratt, of Ft. Edward, and Lyman Jenkins, of the motion, and that the other appellant had Glens Falls, for appellant. James S. Kiley, consented to dismissal of the appeal. Edward Dist. Atty., of Glens Falls, for the People. B. Boise, of New York City, for the motion.

PER CURIAM. Judgment affirmed, under PER CURIAM. Motion granted, and appeal section 542 of the Code of Criminal Procedure. dismissed, with costs.

CHASE, CUDDEBACK, CARDOZO, and POUND, JJ.,

WILLARD BART

LETT, C. J., and COLLIN, J., dissent. PAPA, Respondent, RINI, Appellant. (Court of Appeals of New York. Oct. 24, 1916.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial PEOPLE, Respondent, v. KUMROW, AppelDepartment (171 App. Div. 796, 157 N. y. lant, (Court of Appeals of New York. Oct. Supp. 1079), entered March 17, 1916, which 31, 1916.) Appeal from a judgment of the Su. affirmed an order of Special Term summarily preme Court, rendered February 24, 1916, at directing the defendant, an attorney at law, to a Trial Term for the county of Erie, upon a pay over to the petitioner a sum of money re verdict convicting the defendant of the crime ceived by said attorney in his professional ca- of murder in the first degree. Clark H. Timerpacity from the petitioner and wrongfully re

man and Charles W. Pooley, both of Buffalo, tained. Leonard F. Fish and Michael 0. Rini, for appellant. Guy B. Moore, Dist. Atty., of both of New York City, for appellant. Arthur Buffalo (Walter F. Hofheins, of Buffalo, of C. Blatz, of Mt. Vernon, for respondent.

counsel), for the People. PER CURIAM. Order affirmed, with costs.

PER CURIAM. Judgment of conviction af.

firmed. HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO, and POUND, JJ., concur.

WILLARD BARTLETT,

and WILLARD BARTLETT, C. J., absent.

CHASE, COLLIN, CUDDEBACK, CAR-
DOZO, and POUND, JJ., concur. HISCOCK,

J., not voting. PEOPLE, Respondent, v. CASSIDY, Appellant. (Court of Appeals of New York. Nov. PEOPLE, Respondent, MILLSTEIN, 28, 1916.) Appeal from an order of the Appel- Appellant. (Court of Appeals of New York. late Division of the Supreme Court in the Nov. 3, 1916.) Appeal from a judgment of the Fourth Judicial Department (159 N. Y. Supp. Supreme Court, rendered April 18, 1916, at a 1133), entered June 26, 1916, which affirmed a Trial Term for the county of Oneida, upon a judgment of the Schuyler County Court ren- verdict convicting the defendant of the crime dered upon a verdict convicting the defendant of murder in the first degree. J. K. O'Connor, of the crime of rape in the second degree of Utica, for appellant. Bradley Fuller, of Oscar J. Brown, of Syracuse, for appellant. Utica, for the People. Leon S. Church, of Interlaken, for the People. PER CURIAM. Judgment of conviction af. PER CURIAM. Judgment affirmed.

firmed. WILLARD BARTLETT, C. J.. and HIS WILLARD BARTLETT, C. J., and HISCOCK, CHASE, COLLIN, CUDDEBACK, and COCK, CHASE, COLLIN, CUDDEBACK, POUND, JJ., concur. HOGAN, J., not sitting. CARDOZO, and POUND, JJ., concur.

concur.

C.

v.

PEOPLE, Appellant, V. HARRISON, Re PEOPLE, Respondent, v. MOY HE, Appelspondent. '(Court of Appeals of New York. lant. (Court of Appeals of New York. Dec

J.,

JJ.,

concur.

pellate Division of the Supreme Court in the 1916.) Appeal from an order of the Appellate Second Judicial Department (172 App. Div. Division of the Supreme Court in the First Ju923, 156 N. Y. Supp. 1139), entered May 26, | dicial Department (172 App. Div. 954, 157 N. 1916, which affirmed a judgment rendered at a | I; . Supp. 1140), entered February 26, 1916, Trial Term for the county of Kings upon a which sustained a writ of certiorari and annulverdict convicting the defendant of the crime led a determination of the defendant adjudging of perjury. James W. Osborne, of New York the relator guilty of criminal contempt of court City, for appellant. Harry E. Lewis, Dist. Lamar Hardy, Corp. Counsel, of New York Atty., of Brooklyn (Harry G. Anderson, of City (Charles J. Nehrbas and Terence Farley, Brooklyn, of counsel), for the People.

both of New York City, of counsel), for appel

lant. I. Maurice Wormser, of New York City, PER CURIAM. Judgment affirmed.

for respondent. WILLARD BARTLETT, C.

and PER CURIAM. Order affirmed. CHASE, COLLIN, CUDDEBACK, HOGAN,

HISCOCK, CHASE, COLLIN, and HOGAN, CARDOZO, and POUND, JJ., concur.

WILLARD BARTLETT, C. J., and CUDDEBACK and CARDOZO, JJ., dis

sent. PEOPLE, Appellant, v. RIGGS, Respondent. (Court of Appeals of New York. Oct. 31, 1916.) Appeal from an order of the Appellate Division BOARD OF SUP'RS OF WESTCHESTER

PEOPLE ex rel. BREWSTER et al. v. of the Supreme Court in the Fourth Judicial COUNTY et al. (Court of Appeals of New Department (169 App. Div. 913, 154 N. Y. Supp. York. Oct. 24, 1916.) Appeal from an order of 1138), entered May 19, 1915, which reversed a the Appellate 'Division of the Supreme Court judgment of the Wayne County Court rendered in the Second Judicial Department (158 N. Y. upon a verdict convicting the defendant of the Supp. 1126), entered April 25, 1916, which afcrime of arson in the second degree and grant- firmed an order of Special Term granting & ed a new trial. of Clyde (E. W. Hamm, of Lyons, of counsel), motion for a peremptory .writ of mandamus to for the People. Charles T. Ennis, of Lyons, for compel the board of supervisors to meet and respondent.

pass a bond issue of the county of Westchester

in the aggregate principal sum of $100,000 for PER CURIAM. Appeal dismissed.

the purpose of paying certificates of indebtedWILLARD BARTLETT, C. J., and HIS- ness theretofore issued under authority of the COCK, CHASE, COLLIN, 'HOGAN, CARDO- said board of supervisors in like amount, which ZO, and POUND, JJ., concur.

certificates were due on the 1st day of November, 1915. By chapter 111 of the Laws of 1915 there was created for the county of Westches

ter a building commission with authority for the PEOPLE, Appellant, v. STEHR, Respondent. erection and furnishing of certain county build(Court of Appeals of New York. Oct, 31, 1916.) ings specified and designated in the act, and Appeal from an order of the Appellate Division the board of supervisors was authorized to borof the Supreme Court in the Second Judicial row money and issue temporary certificates of Department (156 N. Y. Supp. 1139), entered indebtedness and bonds to pay the same. The December 10, 1915, which reversed a judgment board of supervisors having exercised its disof the Kings County Court rendered upon a cretion in authorizing the issuance of certifiverdict convicting the defendant of the crime cates in the sum of $100,000, and having fixed of a rson in the first degree and granted a new November 1, 1915, as the due date for said certrial. Harry E. Lewis, Dist. Atty., of Brook- tificates, endeavored at subsequent sessions to lyn (Ralph È. Hemstreet, Hersey Egginton, and pass bond issues in various amounts, all of Harry G. Anderson, all of Brooklyn, of coun- which were defeated, due to the fact that the sel), for the People. Luke O'Reilly, of Brook- bond issue acts failed to receive a two-thirds lyn, for respondent.

vote of all the members elected to the board in PER CURIAM. Order affirmed.

accordance with the requirements of the GenWILLARD BARTLETT, C. J., and HIS- eral Municipal Law. Winfield L. Morse, of

William A. COCK, CHASE, COLLIN, CUDDEBACK,

New York City, for appellants. CARDOZO, and 'POUND, JI., concur.

Davidson, of Port Chester, for respondents.

PER CURIAM. Order affirmed, with costs.

WILLARD BARTLETT, C. J., and HIS

COCK, CHASE, COLLIN, CODDEBACK, PEOPLE, Respondent, v. VAN BRINK, Ap- HOGAN, and CARDOZO, JI., concur. pellant. (Court of Appeals of New York. Nov. 21, 1916.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department (159.Ş. Y. Supp. PEOPLE ex rel. BRIDGES, Respondent, v. 1134), entered June 16, 1916, which affirmed a ADAMSON, Fire Com'r of City of New York, judgment of the Court of Special Sessions of the city of New York convicting the defendant Oct. 24, 1916.) Appeal from an order of the Ap

Appellant. (Court of Appeals of New York. of a misdemeanor in admitting a child under | pellate Division of the Supreme Court in the the age of 16 years to a moving picture per Second Judicial Department (173 App. Div. 773, formance in violation of section 484 of the Penal 159 N. Y. Supp. 1021), entered June 29, 1916, Law (Consol. Laws, c. 40). Jonah J. Goldstein, which reversed an order of Special Term denying of New York City, for appellant. Edward Swann, Dist. Atty.. of New York City. (Robert compel the defendant to reinstate the relator in

a motion for a peremptory writ of mandamus to S. Johnstone, of New York City, of counsel), the position of captain in the fire department of for the People.

the city of New York, and granted said motion. PER CURIAM. Judgment affirmed,

The relator was a captain in the New York city WILLARD BARTLETT, C. J., and HIS- fire department, and had his shoulder permanentCOCK, CHASE, COLLIŃ, CUDDEBACK, | ly injured in the "active discharge" of his duties HOGAN, and POUND, JJ., concur.

at a fire, and by reason of such injuries was assigned to perform "light duties" in accordance with the provisions of the New York char

Subsequently, without any change in the PEOPLE ex rel. BERNSTEIN, Respondent, relator's physical or mental condition, and while V. LA FFTRA, City Court Justice, appellant. he was performing such “light duties," and en(Court of Appeals of New York, Oct. 31, tirely able to perform them, the defendant ore

ter,

« PreviousContinue »