State County NyArchives Court.....Cases, Not Reported In This Volume 1889
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Source: Reports Of Cases - New York
Written: 1889

DECISIONS IN CASES NOT REPORTED.

Third Department, March, 1889.

William H. Hollister, Respondent, v. The Central National Bank of Troy, 
Appellant. — Judgment affirmed, with costs. Opinion by Learned, P. J. 

Alonzo P. Adams, Appellant, v. The Empire Laundry Machinery Company, 
Respondent. — Judgment affirmed, with costs. Opinion by Ingalls, J.

Henry H. Du Bois, Respondent, v. William M. Decker, Appellant. — Judgment and 
order affirmed, with costs. Opinion by Ingalls, J.

John W. Van Valkenburgh, Respondent, v. The Thomasville, Tallahassee and Gulf 
Railroad Company, Appellant. — Judgment reversed, new trial granted, referee 
discharged, costs to abide event. Opinion by Landon, J.

Helen Ball, Respondent, v. Adirondack Railroad Company, Appellant. — Judgment 
and order affirmed, with costs. Opinion by Ingalls, J.

Mary R. Stoddard, Respondent, v. The Village of Saratoga Springs, Appellant. 
Judgment affirmed, with costs. Opinion by Learned, P. J.

The People of the State of New York, Respondent, v. Liscomb R. Page. Appellant. —
 Judgment and conviction reversed, prisoner discharged. Opinion by Landon, J.

Thomas S.Vaughn, Appellant, v. Mary M. Strong, Administratrix, etc., Respondent, 
Nannie L. Vaughn, Appellant, v. Same, Respondent. - Judgment reversed, new trial 
granted, referee discharged, and costs to abide event in each case. Opinion by 
Ingalls, J.

The People of the State of New York, Respondent, v. Clinton T. Backus and 
others, Appellants. — Judgment affirmed, with costs. 

Francis A. Jewett, Respondent, v. Simeon Brownell, Appellant. — Judgment 
reversed and judgment ordered for defendant, on demurrer, with costs below and 
in this court, with leave to plaintiff, on payment of such costs, to amend in 
twenty days after notice, etc. Opinion by Ingalls, J.; Landon, J., dissenting.

The Whitehall Lumber Company (Limited), Respondent, v. Walter J. Edmans, 
Appellant. — Order reversed, with ten dollars costs and printing disbursements, 
and motion denied, with ten dollars costs. Opinion by Learned, P. J.

George W. Ellis, Respondent, v. Theodore Houston and others, Receivers, 
Appellants. — Verdict set aside, new trial granted on the exceptions.  Opinion 
by Learned, P. J.

Cynthia M. Jones, Respondent, v. The City of Troy, Appellant. — Judgment and 
order affirmed, with costs. Opinion by Landon, J.

Isabella K. Lombard, Respondent, v. The Central National Bank of Troy, 
Appellant. — Judgment reversed, new trial granted, costs to abide event. Opinion 
by Learned, P. J.

John Ruyter, Respondent, v. Mary Birch Reid, Appellant. — Judgment affirmed, 
with costs against appellant personally. Opinion by Ingalls, J.; Learned, P. J., 
not acting.

Edward D. Ransom and others, Respondents, v. Willard E. Masten, Appellant. — 
Judgment affirmed, with costs. Opinion by Landon, J.; Learned, P. J., not acting.
----------------------------------


First Department, March Term, 1889.

Robert B. Roosevelt, Appellant, v. James A. Roosevelt and others, Executors, 
etc., Respondents. — Judgment affirmed, with costs. Opinion by Van Brunt, P. J.

Hiram B. Aylsworth, Respondent, v. James Gallagher, Appellant. —Judgment 
affirmed, without costs. Opinion by Van Brunt, P. J.

John O'Brien, an Infant, etc., Appellant, v. Louis Greenbaum, Respondent. — 
Judgment affirmed, with costs. Opinion by Van Brunt, P. J.

The People of the State of New York ex rel. John G. Burke v. Stephen B. French 
and others, Police Commissioners, etc. — Judgment affirmed, without costs. 
Opinion by Van Brunt, P. J.

Walter L. McCorkle, as Receiver, etc., Appellant, v. Morris S. Herrman, 
Respondent. — Judgment affirmed, with costs. Opinion by Van Brunt, P. J.

James J. McComb, Respondent, v. The Cordova Apartment Association and others, 
Appellants. — Order affirmed, with ten dollars costs and disbursements. Opinion 
by Daniels, J.

In the Matter of Catharine Darragh, Deceased - Decree of surrogate reversed and 
the case remitted back to the surrogate for a new trial. Opinion by Van Brunt. 
P. J.

Gustav Kuhn, by his Guardian, Appellant, v. Annie J. Kuhn, Respondent. — Order 
affirmed, with costs. Opinion by Brady, J.

Horace B. Claflin and others, Respondents, v. James C. Du Bois, Appellant. — 
Judgment reversed and new trial ordered, with costs to the appellant to abide 
event. Opinion by Brady, J,

Thomas J. Pope and others, Respondents, v. The Terre Haute Car and Manufacturing 
Company. Appellant — Order affirmed, with ten dollars costs and disbursements. 
Opinion by Brady, J.

Pauline Heckemann, etc., Appellant, v. David B. Young, Respondent, Impleaded, 
etc. — Exceptions sustained and new trial ordered, costs to plaintiff to abide 
event. Opinion by Brady, J.

Ulrice Lesser, Appellant, v. Sarah A. Williams, Respondent — Order affirmed, 
with ten dollars costs and disbursements. Opinion by Brady, J.

Catherine E. Swart, Respondent, v. The Mayor, etc., of the City of New York, 
Appellant. — Judgment affirmed, with costs. Opinion by Brady, J.

Edmund Terry, Appellant, v. D. A. W. Theodore Westing, Respondent. — Judgment 
affirmed, with costs. Opinion by Brady, J.

William H. M. Sistare and others, Respondents, v. Frederic P. Olcott, Receiver, 
etc., Appellant. Judgment reversed and new trial ordered, on payment by 
defendant of costs and disbursements of both appeals and of trial, and, also, 
ten dollars costs of opposing motion, with costs of this appeal to appellant. If 
such payment be not made order affirmed, with ten dollars costs and 
disbursements and motion denied. Opinion by Daniels, J.

Madeline T. Burchill v. James Culgin. — Motion for reargument denied Opinion by 
Daniels, J.

Anne Harnickell, as Administratrix, etc., Respondent, v. The Parrot Silver and 
Copper Mining Company, Appellant. — Judgment affirmed, with costs. Opinion by 
Van Brunt, P. J.

Conrad Bantle, Appellant, v. Barbara Krebs, Respondent — Motion for reargument 
denied. Opinion by Daniels, J.
----------------------------------


Fifth Department, March Term, 1889.

The People of the State of New York ex rel. William L. Waterman, Appellant, v. 
David H. Knapp and others, School Trustees, etc., Respondents. — Order affirmed, 
without costs. Opinion by Daniels, J.

William Berke, Respondent, v. The Twenty-third Street Railway Company, 
Appellant. — Order and judgment affirmed. Opinion by Daniels, J.

James Murphy, Respondent, v. Edward Marscheider. Appellant. — Judgment affirmed, 
with costs. Opinion by Daniels, J.

Manuel Silberstein, by his Guardian, etc., Respondent, v. The Houston Street, 
West Street, etc., Railroad Company, Appellant. — Judgment and order reversed 
and new trial ordered upon payment by defendant of costs of the trial, and ten 
dollars costs of opposing the motion, with costs of the appeal to the appellant 
to abide the event, unless the plaintiff, within twenty days after notice of 
this decision, shall stipulate to reduce the verdict to the sum of $10,000; and 
if that stipulation shall be given, then the judgment, as so modified, should be 
affirmed, without costs of the appeal to either party. Opinion by Daniels, J.; 
dissenting opinion by Van Brunt, P. J.

Edward Uhl, Respondent, v. Thomas Loughran, Appellant. — Judgment affirmed, with 
costs. Opinion by Daniels, J.

Henry R. Pierson, as Receiver, etc., Respondent, v. Andrew W. Morgan and others, 
Appellants. — Order affirmed, with costs. Opinion by Bartlett, J.

Henry Welsh, Appellant, v. John Taylor, Respondent. — Reargument ordered on the 
question of abandonment.

Max Abenheim, Respondent, v. Edward Samuels, Appellant. — Motion denied, with 
ten dollars costs. Opinion per curiam.

Edward A. Robertson and others, Appellants, v. Lewis A. Sayre, Respondent. — 
Motion denied.

Fritz Grossman, Respondent, v. The Supreme Lodge, Knights and Ladies of Honor, 
Appellants. — Appeal dismissed, with costs. Opinion by Bartlett, J.

Arthur Furber, Appellant, v. Alexander L. McCarthy, Respondent. — Motion denied 
upon appellant paying ten dollars costs of motion and stipulating to argue at 
next term of the court.

Robert J. Dean and others, Respondents, v. Marshall S. Driggs, Appellant. — 
Motion denied upon defendants stipulating to argue appeal at next term of court 
and paying ten dollars costs of this motion.

Adele Bernheimer and others, Respondents, v. Thomas Kilpatrick, Appellant. — 
Motion denied on payment by appellant of ten dollars costs and stipulating to 
argue appeal at next term of the court.

In the Matter of the Revocation of the Probate of the Will of Ann Voorhis, 
Deceased. — Motion denied.

Leopold Lindan, Appellant, v. Royal Insurance Company. Respondent. — Motion 
denied.

Edward D. Farrell, Appellant, v. The Mayor, etc., of the City of New York, 
Respondent. — Order affirmed, with costs. Opinion by Bartlett, J.

Leopold Labalt, Respondent, v. Joseph Schuloff and others, Appellants. — Order 
reversed and attachment vacated, with costs. Opinion by Bartlett, J.

Henry S. Waugh, Respondent, v. Charles O. Bailey and others, Defendants, Noah B. 
Shute, Purchaser, Appellant. — Order affirmed, with ten dollars costs and 
disbursements. Opinion by Van Brunt, P. J.

Richard H. Bull, Appellant, v. Maier Rotchschild, Respondent. — Order affirmed, 
with ten dollars costs and disbursements. Opinion by Van Brunt, P. J.

The People of the State of New York ex rel. Frederick Perry v. Lucius J. N. 
Stark and others, Commissioners, etc. — Writ dismissed, with costs. Opinion by 
Van Brunt, P. J.

The Hoboken Beef Company (Limited), Respondent, v. Carl Loeffel, Appellant. — 
Order affirmed, with ten dollars costs and disbursements. Opinion by Van Brunt, 
P. J.

Mary Fleming Smith and others, Respondents, v. The Co-operative Life and 
Accident Association and others, Appellants. — Order reversed, with costs and 
disbursements and attachment vacated. Opinion by Bartlett, J.

In the Matter of the Application of the United States Mercantile Reporting and 
Collecting Association, etc.

Appeal by the United States Mercantile Reporting Company. - Order reversed, 
without costs. Opinion by Bartlett, J.

John Betjemann, Respondent, v. Emerson Brooks and others,  Executors, etc., 
Appellants. — Order affirmed, with costs and disbursements. Opinion by Bartlett, 
J.

Frederick Hoeninghaus and others, Appellants, v. Francisque Chaleyer and others, 
Respondents. — Order reversed, with costs and disbursements. Opinion by 
Bartlett, J.

Charles B. Baeder (Trading as Baeder, Adamson & Co.), Appellant, v. William A. 
Baeder and others, Respondents. — Order affirmed, with disbursements. Opinion by 
Macomber, J.

William C. Smith, Appellant, v. Walter S. Johnston, Receiver, etc., Respondent. —
 Order affirmed, with ten dollars costs and disbursements. Opinion by Macomber, 
J.

In the Matter of the Estate of Jacob Straut, Deceased. — Order affirmed, with 
costs. Opinion by Macomber, J.

William Hadden, Plaintiff, v. Richard S. Waring, Defendant. — New trial granted, 
with costs to the defendant to abide the event. Opinion by Macomber, J.

Henry Feuchtwanger and others, Respondents, v. Leo C. Dessar, Appellant. — Order 
affirmed, with ten dollars costs and disbursements. Opinion by Macomber, J.

Joseph P. McTeague, Appellant, v. Mary McTeague and others, Respondents. — 
Judgment affirmed, with costs. Opinion by Macomber, J.

Simeon J. Drake, Respondent, v. R. Suydam Grant and others, Executors etc., 
Appellants. — Judgment affirmed, with costs. Opinion by Macomber, J.

Huldah H. Clapp v. Robert C. Clapp and others. 

In the Matter of the Receivership of Thomas B. Rand. — Motion granted. 

Charles Hubbard and others. Appellants, v. Joseph T. Farrington, Respondent. — 
Judgment affirmed, with costs. Opinion by Macomber, J.
----------------------------------


Fifth Department, March Term, 1889.

Philip W. Scribner, Assignee, etc., Respondent, v. Maurice Levy, Appellant. — 
Judgment affirmed. Opinion by Dwight, J.; Childs, J. not sitting.

Lydia Patterson, Appellant, v. Alfred E. Burnett, Respondent, Impleaded, etc. — 
Interlocutory judgment affirmed; order appealed from reversed; final judgment 
modified by deducting therefrom the additional allowances of costs, and, as 
modified, affirmed, without costs of this appeal to either party. Opinion by 
Dwight, J.
----------------------------------


Fourth Department, May Term, 1889.

Orvis M. More, Executor, Appellant, v. Andrew More, Respondent. — Judgment 
reversed, new trial granted, with costs to abide event. Opinion by Dwight, J.

Emma A. Devinney, Respondent, v. Hannah M. Corry and others, Appellants. — 
Judgment reversed and new trial granted, with costs of this appeal to abide the 
final award of costs. Opinion by Dwight, J.

Robert R. Hugg and others, Respondents, v. Lydia A. Shank, Appellant. — Judgment 
affirmed, with costs. Opinion by Dwight, J.

Volney White, Repondent, v. Lafayette Knowles, Appellant. — Judgment and order 
affirmed, with costs. Opinion by Barker, P. J.

Mary E. Clarke, Appellant, v. Elmer A. Johnson, Respondent. — Judgment affirmed.

Gertrude Schium, Respondent, v. The City of Rochester, Appellant. — Judgment 
affirmed, with costs.

William C. Wagner, Respondent, v. Frederick Moschell and others, Appellants. — 
Judgment affirmed, with costs.

The Mutual Life Insurance Company, Respondent, v. George E. Sherry, Appellant, 
Impleaded, etc. — Judgment affirmed, with costs.

John Hayes, Respondent, v. George Brown, Appellant. — Judgment and order 
affirmed.

Marine Bank of Buffalo, Respondent, v. The Butler Colliery Company, Appellant. — 
Judgment modified by deducting therefrom the sum of $150.10, with interest from 
the date of the report, and, as so modified, affirmed. Opinion by Dwight, J.

Isaac Bier and others, Respondents, v. Chauncey S. Kibbe and others, 
Appellants. — Judgment and order reversed and new trial granted, costs to abide 
event. Opinion by Barker, P. J.

William P. Wait and others, Appellants, v. John E. Borne and others, 
Respondents. — Order reversed and judgment directed for the plaintiffs on the 
verdict. Opinion by Adams, J.

In the Matter of the Petition of the New York, Lackawanna and Western Railroad 
Company, Respondent, to appraise lands of Abram M. Cheesbrough and others, 
Appellants. — Orders affirmed, with ten dollars costs in one case and 
disbursements in all.

Henry Campbell 2d, Respondent, v. William Campbell and others, Appellants. — 
Order appealed from affirmed, with ten dollars costs and disbursements. Opinion 
by Adams, J.; Barker, P. J., not sitting.

The Dundee National Bank, Appellant, v. Anthony T. Wood and others, 
Respondents. — Order affirmed on the opinion of Ramsey, J., at Special Term.

Huldah Torrey, Appellant, v. William Corner, Respondent. — Order affirmed, with 
ten dollars costs and disbursements.

Nicholas C. Newerf and others, Appellants, v. Thomas A. Jebb and others. 
Respondents. — Judgment and order reversed and new trial granted, with costs to 
the appellants to abide event. Opinion by Macomber, J.

Henry Galliger, Respondent, v. The Grand Trunk Railway of Canada, Appellant. — 
Order appealed from affirmed, with ten dollars costs and disbursements. Judgment 
affirmed. Opinion by Macomber, J.; Barker, P. J., dissenting.

Joseph Barrett and others, Appellants, v. John B. Webber, Survivor, etc., 
Respondent. John B. Webber, Survivor, etc., Respondent, v. Joseph Barrett and 
others. Appellants. — Judgment in each case affirmed, with costs. Opinion by 
Macomber, J.

In the Matter of the Estate of Eleazer T. Slater, Deceased. — Order appealed 
from reversed on the authority of Catlin v. Trinity College (Ct. of App., MS. 
opinion of Andrews, J., March 26, 1889); proceedings remitted to the Surrogate's 
Court of Orleans county with directions to proceed therein.

William Moore, Overseer, etc., Respondent, v. David Trimmer, Appellant. — Orders 
affirmed, with ten dollars costs in each case and disbursements in one. Opinion 
by Macomber, J.

In the Matter of the Petition of Francis W. Williams, Receiver, Appellant (Edwin 
C. English, an Attorney, Respondent). — Order affirmed, without costs to either 
party. Opinion by Macomber, J.

In the Matter of the Widening of Hand Street (City of Rochester, Appellant, 
George S. Riley, Respondent). — Order affirmed on opinion of Angle, J., at 
Special Term, with ten dollars costs and disbursements.

Hiram Exstein and others, Respondents, v. Evoline B. Robertson and others, 
Appellants — Order affirmed, with ten dollars costs and disbursements. Opinion 
by Macomber, J.

Horace B. Claflin and others, Respondents, v. Evoline B. Robertson and others, 
Appellants. — Order reversed, with ten dollars costs and disbursements. Opinion 
by Macomber, J.

P. Allen McMullen, Respondent, v. Joseph B. Peart, Appellant. — Judgment 
affirmed, with costs. Opinion by Macomber, J.

Edward J. Kelsey, Respondent, v. Jane Sargent, Appellant. — Order affirmed, with 
ten dollars costs and disbursements. Mem. with the clerk.

Charles L. Nichols, an Infant, by Guardian, Respondent, v. Will E. Tuttle and 
others, Appellants. — Order affirmed, with costs.

Thomas Tindle and others, Appellants, v. John H. Keef, Respondent. — Order 
reversed, with ten dollars costs and disbursements.

Mary A. Striker, Appellant, v. Francis M. Schuyler, Respondent. — Motion for 
reargument denied, Barker, P. J., not sitting.

In the Matter of the Probate of, etc., of Daniel Gould, Deceased. — Motion for 
resettlement of case denied, without costs.

In the Matter of the Accounting of Eugene Heath, Assignee. — Motion denied.

Daniel F. Alverson, Respondent, v. The Water-Works Company of Canandaigua, 
Appellant. — Motion for leave to appeal to the Court of Appeals denied, without 
costs to either party.
-------------------------------


Fourth Department, May Term, 1889.

Octavius F. Salmon, as Administrator, etc., Appellant, v. The New York Central 
and Hudson River Railroad Company, Respondent. — Judgment affirmed, with costs. 
Opinion by Martin, J.

Elizabeth Goodyear and others, Appellants, v. Joseph P. Adams and others. 
Respondents. — Judgment affirmed, with costs. Opinion by Merwin, J.; Martin, J., 
not acting.

In the Matter of the Application to Revoke the Probate of the Last Will and 
Testament of Lewis Palmer, Deceased. — Decree of the surrogate of Tioga county 
affirmed, with costs. Opinion by Martin, J.

Zada Van Aernam, Respondent, v. George S. Fisher, Appellant. — Judgment 
affirmed, with costs. Opinion Per Curiam; dissenting opinion by Merwin, J.

William S. Larrison, Respondent, v. Benjamin N. Payne and others, Appellants. — 
Judgment reversed on the exceptions and a new trial ordered before another 
referee, with costs to abide the event. Opinion by Martin, J.

John Nill and another, Appellants, v. Herbert D. Chidester and others, 
Respondents. — Judgment affirmed, with costs, on the opinion of Williams, J., 
delivered at the Special Term.
---------------------------------


Second Department, May Term, 1889.

Ellen Spaulding, Respondent, v. Marquis L. Keyes and another, Appellants. — 
Judgment and order affirmed, with costs. Opinion by Martin, J. 

Flora E. Graves, Respondent, v. Frederick L. Santway, Appellant. — Judgment and 
order affirmed, with costs. Opinion by Hardin, P. J.

Sarah S. Chellis, Respondent, v. John B. Chapman, Appellant. — Judgment and 
order affirmed, with costs. Opinion by Hardin, P. J.

Clara B. Cox, Respondent, v. William T. Cox, Appellant. — Allowance of $150 
stricken out of order and judgment, and order and judgment, as so modified, 
affirmed, with costs. Opinion by Hardin, P. J.

William M. Bently, Appellant, v. The Owego Mutual Benefit Association, 
Respondent. — Judgment reversed on the exceptions and a new trial ordered, with 
costs to abide the event. Opinion by Martin, J.

Burton W. Atwater, Respondent, v. The Town of Veteran, Appellant. — Judgment 
affirmed, with costs. Opinion by Hardin, P. J.

In the Matter of the Probate of the Will of James D. White, Deceased. — Decree 
of the surrogate of Madison county affirmed, with costs. Opinion by Merwin, J.

Mary A. Underwood and another, Respondents, v. Harriet S. Curtiss and others, as 
Executrices, Appellants, Impleaded, etc. — Judgment reversed, with costs, and 
the demurrer sustained, with costs, with leave to the plaintiffs to amend their 
complaint within twenty days upon payment of the costs of the demurrer and of 
this appeal. Opinion by Hardin, P. J.

Hannah J Stebbins, Respondent, v. The Village of Oneida, Appellant. — Judgment 
and order affirmed, with costs. Opinion by Hardin, P. J.; Martin, J., not 
sitting.

Josephine E. Stowell, Respondent, v. The American Co-operative Relief 
Association, Appellant. — Judgment and order affirmed, with costs. Opinion by 
Martin, J.

Charles F. Brown, as Administrator, etc., Respondent, v. Simeon Klock, 
Appellant. — Judgment affirmed, with costs. Opinion by Merwin, J.

Joseph M. Fugit, Respondent, v. Shuler D. Becker, Appellant. — Judgment of the 
County Court of Oswego county affirmed, with costs.

The Wilber National Bank of Oneonta, Respondent, v. Orlando Westcott, 
Appellant. — Judgment affirmed, with costs.

John A. O'Reilly, Appellant, v. The Corporation of the London Assurance, 
Respondent. — Judgment affirmed, with costs. Opinion by Hardin, P. J.

Thomas Coolidge, Respondent, v. The Rome, Watertown and Ogdensburgh Railroad 
Company, Appellant. — Judgment and order affirmed, with costs. Opinion by 
Merwin, J.

Elliott Martin, Respondent, v. Zelotus J. Wood, Appellant. — Judgment and order 
affirmed, with costs. Opinion by Merwin, J.

John P. Douglass, Respondent, v. The Rome, Watertown and Ogdensburgh Railroad 
Company. Appellant. — Judgment and order affirmed, with costs. Opinion by 
Martin, J.

Matthias H. Arnot and others, as surviving Partners, Plaintiffs, v. Henry W. 
Sage, Defendant.

Same v. Same. — Judgment affirmed, with costs on the opinion of the referee.
 
Jane A. Sherman, Respondent, v. Thomas P. Sherman, Appellant. — Motion denied, 
with costs.

Jacob Reals v. The First Presbyterian Society. — Motion granted. 

In the Matter of the Application of the People's Railroad Company of Syracuse. — 
Motion granted.

Emer Smith v. Lida Wood. — Motion granted.

In the Matter of the Proceedings to disbar William Youmans. — Reference ordered 
(see order filed with the clerk of Broome county).

Lydia E. Keyes, Appellant, v. Chester C. Wright, Respondent. — Appeal dismissed, 
with ten dollars costs and disbursements.

Byron H. Garland, Respondent, v. The Rome, Watertown and Ogdensburgh Railroad 
Company, Appellant.

Garrison v. Same.

Davis v. Same. — Orders affirmed, with ten dollars costs in one case and 
disbursements.

Jacob Deach, Respondent v. William H. Perry, Appellant. — Order reversed, with 
ten dollars costs and disbursements.

O. Brown Milligan, Respondent, v. Malcom McNaught, Appellant. — Judgment of the 
County Court of Delaware county affirmed, with costs.

Warren Newton, Appellant, v. George I. Seney, Respondent. — Judgment reversed, 
with costs, and the demurrer overruled, with costs, with leave to answer upon 
payment of the costs of the demurrer and of the appeal.

Jacob Amos, Respondent, v. George H. Greenway, an Habitual Drunkard, by Horace 
P. Hall, his Committee, Appellant. — Order reversed, with ten dollars costs and 
disbursements.

The Ohio Grindstone Company, Appellant, v. Porter S. Huntley and Henry H. 
Babcock, Respondents. — Judgment affirmed, with costs.

Charles Sawyer and another, Respondents, v. Jacob Crouse, Appellant, Impleaded, 
etc. — Judgment affirmed, with costs.

Robert Gere Bank, Respondent, v. Horace Inman, Appellant, Impleaded, etc. — 
Judgment affirmed, with costs.

Joseph P. Lawton, Appellant, v. Harvey A. Anthony, Respondent, Impleaded, etc. — 
Judgment of the County Court of Jefferson county reversed and the judgment of 
the Justice's Court affirmed, with costs.

Spencer Wheeler, Respondent, v. James Hazelett, Appellant. — Order affirmed, 
with ten dollars costs and disbursements.

Lucien B. Terry and another, Respondents, v. Henry Bange, Appellant. — Order 
affirmed, with costs. Opinion by Dykman, J.

The People of the State of New York, Respondent, v. Anton Nowak, Appellant. — 
Judgment of County Court and of justice reversed. Opinion by Barnard, P. J.

Warren Chapin v. James M. Fitzgerald. — Judgment affirmed, with costs. Opinion 
by Pratt, J. 

James Bigler v. The New York and South Brooklyn Ferry Company. — Judgment 
affirmed, with costs. Opinion by Dykman, J.; Barnard, P. J., not sitting.

Mary E. Briggs v. John R. D Angus. — Judgment modified by deducting rent of 
Franklin avenue house prior to February 1, 1878. Opinion by Pratt, J.; Barnard, 
P. J., not sitting.

David T. Bayliss v. Austin Roe. — Judgment affirmed, with costs. Opinion by 
Barnard, P. J. 

Phebe A. Smith, Appellant, v. John McArthur, Respondent. — Judgment affirmed, 
with costs. Opinion by Barnard. P. J.

Isabella Cuming v. The Brooklyn City Railroad Company. — Judgment and order 
denying new trial affirmed, with costs. Opinion by Pratt, J.; Dykman, J., not 
sitting.

Nelson Goetschius v. John E. Hunt. — Judgment affirmed, with costs. Opinion by 
Barnard, P. J.

Richard Murray v. Allison M. Archer. — Judgment affirmed, with costs. Opinion by 
Pratt, J.

Henry McCarthy v. Mary Crowley. — Order reversed, without costs to either party. 
Opinion by Pratt, J.

Harry Wallerstein, Respondent, v. John Bohanna and another, Appellants. - 
Judgment affirmed, with costs. Opinion by Pratt, J.

John Schenck, Respondent, v. Mathew Marx, Appellant. — Judgment and order 
denying new trial modified by deducting sixty dollars from judgment, and as 
modified affirmed, without costs to either party. Opinion by Pratt, J.; Dykman, 
J., not sitting.

Gilbert T. Davis and others, Appellants, v. George W. Briggs, Respondent. — 
Order reversed, without costs. Opinion by Pratt, J.; Dykman, J., not sitting.

E. Merritt Colyer v. George B. Colyer. — Motion denied, with ten dollars costs.

Martha Robostelli v. Charles H. Noxon. — Order reversed, with costs and 
disbursements, and motion granted, without costs. Opinions by Pratt and Dykman, 
JJ.

George R. Topliff, Respondent, v. Cuyler Freeman, Appellant. — Order affirmed, 
with costs and disbursements. Opinion by Barnard, P. J.

David Cromwell, Treasurer, v. Edward O. Wilson, Trustee. — Judgment affirmed, 
with costs. Opinion by Pratt, J.; Dykman, J., not sitting.

John M. Waterbury and others, Respondents, v. George C. Eldridge, Appellant. — 
Order affirmed, with costs. Opinion by Pratt, J.; Dykman, J., dissenting.

Edward J. Woolsey, Appellant, v. James Donnelly, Respondent. — Judgment of the 
County Court reversed, with costs, and judgment of justice affirmed.— Motion to 
dismiss appeal denied. Opinion by Barnard, P. J.

Eliza W. Parkhurst, Respondent, v. Robert H. Berdell, Appellant, Impleaded, 
etc. — Judgment affirmed, with costs. Opinion by Dykman, J.

Eliza W. Parkhurst, as Executrix, etc., Respondent, v. Robert H. Berdell 
(special appeal), Appellant. — Judgment affirmed, with costs. Opinion by Dykman, 
J.

Stephen Hasbrouck, Appellant, v. Josephine L. Disbrow, Respondent. — Order 
reversed, with costs and disbursements, and motion denied, with costs. Opinion 
by Pratt, J.

William B. Mead, Plaintiff, v. Charles A. Mead and others, Defendants. — Order 
affirmed, with costs and disbursements. Opinion by Barnard, P. J.

Alexander Jones, Respondent, v. Alexander L. Farrington, Appellant. — Order 
reversed, with costs and disbursements. Opinion by Dykman,  J.

Samuel K. Nestor, Appellant, v. Magdalena Bischoff, Respondent. — Order 
affirmed, with costs and disbursements. Opinion by Pratt, J.; Barnard, P. J., 
not sitting.

Mary P. Taggart, Respondent, v. Mary G. Rogers and others,  Appellants. — 
Interlocutory judgment reversed and new trial granted, costs to abide event. 
Opinion by Barnard, P. J.; Dykman, J., not sitting.

Frank Thall, by Guardian, Respondent, v. John A. Carrie, Appellant. — Judgment 
and order denying new trial affirmed, with costs. Opinion by Pratt, J.

Ella Tredwell, Respondent, v. Jonas A. Lincoln, Appellant. — Judgment affirmed, 
with costs. Opinion by Dykman, J.

George J. Hubbard, Respondent, v. William H. Nearpass and another, Executors, 
Appellants. — Order affirmed, with costs and disbursements. Opinion by Pratt, J.

The People of the State of New York ex rel. John L. Cook v. Egbert H. Hildreth 
and others. — Order of commission affirmed and writ quashed, with costs. Opinion 
by Barnard, P. J.

Matter of Last Will and Testament of Sarah Gray, Deceased. — Decree of surrogate 
affirmed, with costs. Opinion by Barnard, P. J.

Julian B. Shope v. Daniel Campbell. — Judgment of County Court affirmed, without 
costs. Opinion by Dykman J.

Charles Dickerson, Appellant, v. Milton Gordon, Respondent. — Judgment of County 
Court reversed and that of justice affirmed, with costs. Opinion by Pratt, J.

Isabella B. Ball, Respondent, v. William G. McCrea, Appellant. — Judgment 
affirmed, with costs. Opinion by Dykman, J.; Barnard, P. J., not sitting.

Mary J. Lynch, Respondent, v. The Brooklyn City Railroad Company, Appellant. — 
Judgment and order denying new trial affirmed, with costs. Opinion by Pratt, J.

James Cowan, by Guardian, Respondent, v. John H. Snyder, Appellant. — Judgment 
and order denying new trial affirmed, with costs. Opinion by Dykman, J.

Terrence McCracken v. William C. Flanaghan and another. — Judgment affirmed, 
with costs. Opinion by Dykman. J.

George Lewis v. The New York, Lake Erie and Western Railroad Company. — Judgment 
and order denying new trial affirmed, with costs. Opinion by Pratt, J.; Barnard, 
P. J., not sitting.

John C. Onderdonk, Appellant, v. Andrew J. Onderdonk and others, Respondents. — 
Order sustaining defendants' demurrer, and judgment thereon affirmed, with 
costs. Opinion by Barnard, P. J.

Matter of Application of Hubert O. Thompson, as Commissioner of Public Works, 
etc. — Award and order confirming same, in case of Charles Butler, affirmed, 
with costs. Opinion by Pratt, J.; Barnard, P. J., not sitting.

Albert W. Van Winkle v. Sylvanus L. Fowler. — Judgment for plaintiff upon 
submitted case, with costs. Opinion by Pratt, J.; dissenting; opinion by 
Barnard, P. J. 

Matter of Probate of Will of Mary Hollohan. — Order admitting will to probate 
affirmed, with costs. Opinion by Dykman, J. 
Martha Aldrich, Respondent, v. Julia N. More, Appellant. — Judgment affirmed, 
with costs. Opinion by Pratt, J. 

The Fleming Cut-Sole Company, Appellant, v. John H. Garretson, Respondent. 

George F. Mills, Appellant, v. John H. Garretson, Respondent. — Judgments 
affirmed, with costs. Opinion by Dykman, J.; Barnard, P. J., not sitting.

Hermann Jonas, Respondent, v. Antonio Blanco and another, Appellants. — Judgment 
and order denying new trial affirmed, with costs. Opinion by Pratt, J.

Moses Swift, Respondent, v. The Staten Island Rapid Transit Railroad Company, 
Appellant. — Judgment and order denying new trial affirmed, with costs. Opinion 
by Pratt, J.; Dykman, J., not sitting.

Samuel W. Boocock, Respondent, v. Mary L. Phipard, as Executrix, etc., 
Appellant. — Judgment affirmed, with costs. Opinion by Barnard, P. J.; Dykman, 
J , not sitting.

De Witt C. Ward, Respondent, v. The Hudson River Building Company, Appellant. — 
Judgment reversed and new trial granted, with costs to defendant to abide event. 
Opinion by Pratt, J.; Dykman, J., not sitting.

George L. Pease, Respondent, v. Aaron Field and others, Appellants. — Judgment 
and order denying new trial affirmed, with costs. Opinion by Barnard, P. J.

Robert C. Daudge and Wife v. Wallace Mayo. — Order sustaining demurrer to 
counter-claim, and judgment thereon, reversed, with costs, at General Term; 
leave given to reply; demurrer overruled. Opinion by Pratt, J.; Dykman, J., not 
sitting.

William H. H. Childs, Respondent, v. William Mayer, as Executor, etc., 
Appellant. — Order reversed, with costs and disbursements. Opinion by Dykman, 
J.; Pratt, J., not sitting.

William Harrigan v. The City of Brooklyn. — Order overruling   demurrer to 
complaint, and judgment thereon, affirmed, with costs. Opinion by Pratt and 
Dykman, JJ.; Barnard, P. J., dissenting. 

Hannah M. Wait v. Sarah O. Cerqua. — Judgment for plaintiff upon submitted case, 
with costs. Opinion by Barnard, P. J. 

William L. Caryngham v. John Duffy.— Order reversed, with costs and 
disbursements. Opinion by Dykman, J.
-----------------------------


Third Department, May Term, 1889.

Lemuel S. Bunnell, Respondent, v. The Empire Laundry Machinery Company, 
Appellant. — Judgment reversed, referee discharged, new trial granted, costs to 
abide event. Opinion by Learned, P. J.; Ingalls, J., expressing no opinion.

In the Matter of the Will of Nancy Rosecrans, Deceased. — Order affirmed, with 
costs. Opinion by Ingalls, J.

George W. Brayton, Assignee, Respondent, v. Darwin W. Sherman, Executor, 
Appellant. — Judgment modified by deducting $145 as of the date of its entry, 
and interest thereon from June 2, 1882, and the five per cent extra allowance on 
the sum deducted, and, as modified, affirmed, without costs in this court. 
Opinion by Landon, J.

George MacArthur, Respondent v. Henry Gordon and others, Appellants. — Order 
settled by Landon, J.; Mem. by Learned, P. J.

Stacia Cullen, Appellant, v. Frederick O. Norton, Respondent. — Motion for 
reargument denied, with ten dollars costs. Mem. by Landon, J.

Edward D. Ransom and others, Respondents, v. Willard E. Masten, Appellant. — 
Motion for reargument or to go to the Court of Appeals denied, with ten dollars 
costs. Learned, P. J., not acting.

Abraham V. De Witt, as Trustee, etc., v. Emma L. Stender and others. — Order 
affirmed, without costs. Opinion by Landon, J.; Learned, P. J., not acting.

William Ockempaugh, Respondent, v. Mary Slater and another, Appellants. — Order 
affirmed, with ten dollars costs and printing disbursements.

Charlotte C. Radloff, Respondent, v. Charles F. Mattlage, Appellant. — Order 
reversed, with ten dollars costs and printing disbursements, and motion denied, 
with ten dollars costs. Opinion by Learned, P. J.

Willard Lester, Trustee, Appellant, v. Henry A. Mann and others, Respondents. — 
Order affirmed, with ten dollars costs and printing disbursements.  Mem. by 
Learned, P. J.

Horace P. Dann, Appellant, v. Samuel O. Gleason, Respondent. — Order affirmed, 
with ten dollars costs and printing disbursements.

Charles B. Wenzell, Respondent, v. John B. Morrissey, Appellant. — That part of 
the order imposing a reference reversed, the residue affirmed; no costs of 
appeal.

In the Matter of Proving Will of Isabella P. Sarauw. — Decree affirmed, with 
costs, against appellant. Opinion by Learned, P. J.

Edward Stack, Respondent, v. Charles P. Weatherwax, Appellant. — Judgment 
affirmed, with costs. Mem. by Learned, P. J.

Cyrenius Flint and others, Respondents, v. Orris Frantzman, Appellant. — 
Judgment affirmed, with costs. Opinion by Landon, J.

Susan Davis, Appellant, v. The City of Kingston, Respondent. — Judgment 
affirmed, with costs. Mem. by Learned, P. J.

Smith Hay, Appellant, v. Marcus S. Babcock, Respondent. Motion for leave to go 
to Court of Appeals denied.

Richard Hoag, Respondent, v. Thyrsa E. Hatch and others, Appellants. — Appeal 
dismissed, with ten dollars costs. Mem. by Landon, J.

Dennis Maher, Respondent, v. Mrs. George W. Wilson, Appellant. — Order affirmed, 
with ten dollars costs and printing disbursements.

Garrie H. Delamater, Administrator, etc., Respondent, v. The Prudential 
Insurance Company, Appellant. — Judgment and order affirmed, with costs. Opinion 
by Learned, P. J.

Deborah Dwyer, Appellant, v. Rathbone, Sard & Co., Respondent. — Judgment 
affirmed, with costs. Opinion by Learned, P. J.

Elizabeth Ludlow, Appellant, v. Jacob Carr, Respondent. — Judgment affirmed, 
with costs. Opinion by Learned, P. J:; Ingalls, J., not acting.

Jerome Bean, Respondent, v. George Van Dyke, Appellant. — Judgment affirmed, 
with costs.

Ella L. Dunckel, Appellant, v. Ephraim Failing and others, Executors, etc., 
Respondents. — Judgment affirmed, with costs. Opinion by Learned, P. J.

In the Matter of the Will of Thomas Lantry. — Decree affirmed, with costs 
against appellant. Opinion by Learned, P. J.

Richard Hoag, Appellant, v. Henry M. Prime, Respondent. — Judgment affirmed, 
with costs. Mem by Learned, P. J.

In the Matter of Charges against Patrick Grogan, Police Justice of the Town of 
Watervliet. — Motion for reference denied and charges dismissed. Opinion by 
Learned, P. J.


Note. — Decisions, in cases not reported, of the May, 1889, Term, First 
Department, will be found in next volume.

Additional Comments:
Reports of Cases Heard and Determined in the Supreme Court of the State of New 
York. Marcus T. Hun, Reporter. Volume LIX, 1889, HUN 52. Banks & Company, 
Albany, NY. 1901.

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