1919.) Order modified, by providing that the original order, dated June 2, 1919, be modified, by striking therefrom the words "converted to the defendant's own use, and parts of it sold and disposed of, what proceeds were derived from the said sale, and to whom it was sold," and, as so modified, affirmed, without costs. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Henry TRAURIG, Respt., v. CARAVEL CO., Inc., Applt. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, on the authority of Konheim v. Harris, 148 App. Div. 238, 240, 132 N. Y. Supp. 1028. Order filed. Ernest TRIBELHORN, Respt., v. J. K. ESTATE REALTY CORP'N, Applt. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. Matter of Granville H. TRIPLETT, an attorney. (Supreme Court, Appellate Division, First Department. October 31, 1919.) The respondent having resigned in writing as a member of the bar of the state of New York, and consented that an order be entered thereon to that effect, and such order having this day been entered, no further proceedings are necessary herein, and they are discontinued. Rosalie TUTONE, respondent, v. NEW YORK CONSOLIDATED RAILROAD COMPANY, appellant. (Supreme Court, Appellate Division, Second Department. November 21, 1919.) Order (107 Misc. Rep. 571, 177 N. Y. Supp. 818) of the County Court of Kings County reversed, with $10 costs and disbursements, and motion to vacate the order denied. The order of June 5, 1919, for examination of the plaintiff, is modfied, so as to provide that the report of the doctor be given to the attorney for defendant, and a copy thereof be given to the attorney for plaintiff. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur. In the Matter of the Application of Charles A. TYRRELL, for Letters of Administration, etc., of Emma M. Tyrrell (so called), Deceased. (Supreme Court, Appellate Division, First DeNovember 28, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. partment. U. S. EXPANSION BOLT CO. v. John MARMORSTEIN. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion to dismiss appeal granted, with $10 costs, unless appellant comply with terms stated in order. Order filed. James H. VAN BRAMER, appellant, v. FIRST NATIONAL BANK OF PEARL RIVER and William A. Serven, respondents, and Robert R. Felter et al., defendants. (Supreme Court, Appellate Division, Second Department. November 14, 1919.) The line of authorities (Town of Hancock v. First National Bank, 93 N. Y. 83; Matter of Bryan, 3 Abb. N. C. 289; Matter of Anthony & Co., 42 App. Div. 66, 58 N. Y. Supp. 907; Matter of White, 44 App. Div. 119, 60 N. Y. Supp. 702; Long Island Bottlers v. Bottling Brewers, 65 App. Div. 459, 72 N. Y. Supp. 976; Akhurst v. National Starch Co., 64 Misc. Rep. 445, 119 N. Y. Supp. 561; American Woolen Co. v. Altkrug, 139 App. Div. 671, 124 N. Y. Supp. 203, and Knowlton v. Bannigan, 11 Abb. N. C. 419), to the effect that the examination of a third party before trial is permissible only for the purpose of perpetuating the testimony to be used on the trial, and that therefore such an order cannot be sustained without allegations that the witness is about to depart from the state, or is sick, or there is some other reason why his testimony cannot be secured at the trial, has been departed from only in cases where the defendant had secured an order compelling plaintiff to furnish a bill of particulars or to make his complaint more definite and certain, which order could not be complied with unless plaintiff obtained the information by the examination of a third party (Chittenden v. San Domingo Improvement Co., 132 App. Div. 169, 116 N. Y. Supp. 829; Hill v. Bloomingdale, 136 App. Div. 651, 121 N. Y. Supp. 370; People v. Armour, 18 App. Div. 584, 46 N. Y. Supp. 317). We think the exception to the general rule should not be extended, and therefore affirm the order, with $10 costs and disbursements. Jenks, P. J., and Mills, Putnam, Blackmar, and Kelly, JJ., concur. VANDERVEER CROSSINGS, Inc., respondent, v. Louis HOCHSTEIN, appellant; Abraham H. Feldman, defendant. (Supreme Court, Appellate Division, Second Department. October 31, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur. In the matter of the claim of William H. VAN PATTEN, for compensation under the Workmen's Compensation Law, respt., v. ROCHESTER, SYRACUSE & EASTERN RAILROAD COMPANY, applt. (Supreme Court, Appellate Division, Third Department. November 21, 1919.) Award unanimously affirmed. Stanzy VEELDORANO v. UNION RAIL WAY CO. OF NEW YORK CITY. (Supreme Court, Appellate Division, First Department. : (178 N.Y.S.) November 28, 1919.) Motion denied, with $10 Jenks, P. J., and Mills, Rich, Kelly, and Jay- In the matter of the claim of Cornelius concur. George VOLZ, appellant, v. MANHATTAN Jennie P. WAGNER, respt., v. Matilda A. Parker WAGNER, an infant, etc., Respt., v. Gertrude E. WALSH v. Theodore TIEDE- WARNER MANUFACTURING CO. v. Jo- George WASNER, appellant, v. Richard cox, JJ., concur. Calvin W. WEDDLE and Lemelly F. Bowne, John WEIDER v. W. R. GRACE & CO. Ralph M. WEINRICHTER, Respt., v. IN- WEISSMAN v. Harris SOLOMON. (Su- Matilda WELLS, applt., v. CITY OF BUF- filed. Oliver J. WELLS v. SOUTHERN RAIL- Joseph WERBELA, appellant, v. THOMAS William WERNER, respondent, v. CITY OF of $181.30 principal were clearly proven, and by inadvertence not allowed by the learned trial justice in directing the verdict for the plaintiff. John WHALEN, appellant, v. CITY OF NEW YORK, respondent. (Supreme Court, Appellate Division, Second Department. November 17, 1919.) Appeal dismissed, without costs. WHEELER SYNDICATE, Inc., v. STAR COMPANY. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Motion denied, with $10 costs. Order filed. See, also, 160 N. Y. Supp. 693; 188 App. Div. 964, 176 N. Y. Supp. 925. In the Matter of Mary E. S. WILLIAMS, Deceased. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Decree, so far as appealed from, affirmed, with costs to the respondents payable out of the estate. No opinion. Order filed. Frank L. WING, respondent, v. Bessie STEINBERG and another, appellants. (Supreme Court, Appellate Division, Second Department. November 17, 1919.) Appeal dismissed, without costs. W. M. RITTER FLOORING CORP'N 7. Aaron KIRSCH, impld. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Application denied, with $10 costs. Order signed. In the matter of the application of Edward P. WHITE and others to perpetuate the testimony of James H. Fanning and others, respondents; Thomas A. Howell, appellant. (Supreme Court, Appellate Division, Second Alexander WOLF, appellant, v. Mary L Department. October 3, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Jenks, P. J., and Mills, Rich, Kelly, and Jaycox, JJ., concur. Patrick WHITE, Respt., v. Peter P. CAPPEL, Applt. (Supreme Court, Appellate Division, First Department. November 28, 1919.) Judgment and order affirmed, with costs. No opinion. Order filed. WHITE TAR ANILINE CORPORATION, Respt., v. SUNBEAM CHEMICAL CO., Inc., Applt. (Supreme Court, Appellate Division, First Department. October 31, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. Zygmunt WIENCKOWSKI, respt., v. INTERNATIONAL RAILWAY COMPANY, applt. (Supreme Court, Appellate Division, Fourth Department. October 8, 1919.) Judgment and order affirmed, with costs. All con cur. Stella WIENCKOWSKI, respt., v. INTERNATIONAL RAILWAY CO., applt. (Supreme Court, Appellate Division, Fourth Department. October 8, 1919.) Judgment and order affirmed, with costs. All concur. Jay G. WILBRAHAM, Respt., v. Jenny Stafford MURPHEY, Applt. (Supreme Court, Appellate Division, First Department. October 17, 1919.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed. KEEFE, respondent. (Supreme Court, Appellate Division, Second Department. Octo1919.) Order affirmed on argument, without costs. Jenks, P. J., and Mills, Rich, Blackmar, and Kelly, JJ., concur. |