Solomon Hanford and Joseph M. Allen for appellants.

C. V. Anable, Archibald R. Watson and Raymond D. Thurber for respondent.

Judgment affirmed, with costs; no opinion.

Concur CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT and HISCOCK, JJ. Absent: CHASE, J.

KNICKERBOCKER TRUST COMPANY et al., as Trustees, Respondents, v. O'ROURKE ENGINEERING CONSTRUCTION COMPANY, Appellant.

Knickerbocker Trust Co. v. O'Rourke Engr. Constr. Co., 124 App. Div. 210, affirmed.

(Argued June 15, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1908, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court in an action to recover upon certain contracts.

L. Laflin Kellogg and Franklin Nevius for appellant.

Herbert Barry, Julien T. Davies and Julian C. Harrison for respondents.

Judgment affirmed, with costs, on opinion below.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ.

DANIEL MCANERNEY et al., Respondents, v. GEORGE F. JOHNSON, Appellant, Impleaded with Others.

McAnerney v. Bernstein, 126 App. Div. 906, affirmed. (Argued June 15, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 5, 1908, affirming a judgment in favor of plaintiffs entered

upon a decision of the court on trial at Special Term in an action to impress a trust upon certain funds.

Alfred G. Reeves for appellant.

John A. Dutton for respondents.

Judgment affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. Bartlett, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ.

TILLIE VON AU, as Executrix of OTTO E. VON AU, Respondent, v. LOUIS MAGENHEIMER et al., Appellants, Impleaded with Another.

Von Au v. Magenheimer, 126 App. Div. 257, affirmed. (Argued June 16, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 9, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover damages alleged to have been sustained through the false representations and deceit of defendants. Charles F. Brown, George E. Mott and Samuel S. Whitehouse for appellants.

Thomas F. Magner for respondent.

Judgment affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, WERNER, HISCOCK and CHASE, JJ. Not sitting: WILLARD BARTLETT, J.

WILLIAM C. ADAMS et al., Respondents, v. ELIAS L. M.
BRISTOL, Appellant, and SAMUEL F. ADAMS et al.,
Respondents.

Adams v. Bristol, 126 App. Div. 660, affirmed.

(Argued June 16, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July

1

16, 1908, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee in an action of partition.

Arthur O. Townsend and Burt L. Rich for appellant.

Payson Merrill and Alfred H. Holbrook for respondents.

Judgment affirmed, with costs, and it appearing that since the argument of the appeal one of the defendants, Sarah Jane Hill, has died, it is further ordered that such affirmance be entered as of the 16th of June, 1909, that being the day on which the appeal was submitted to this court for decision; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ.

ANNIE M. MARSH, Respondent, v. JAMES JOHNSTON et al., Appellants.

Marsh v. Johnston, 125 App. Div. 597, affirmed.
(Argued June 17, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for an alleged breach of contract to sell real property.

Francis Stockton Mc Divitt and A. W. Burlingame, Jr., for appellants.

Henry Escher, Jr., George F. Elliott and Jay S. Jones for respondent.

Judgment affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. Bartlett, Werner, WILLARD BARTLETT, HISCOCK and CHASE, JJ. Absent: GRAY, J.

WILLARD II. JONES et al., Appellants, v. JOSEPH H. HOADLEY et al., Respondents, Impleaded with Another.

Jones v. Houdley, 115 App. Div. 479, affirmed.
(Argued June 17, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 23, 1906, affirming a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial in an action by brokers to recover a balance alleged to be due on account of stock transactions.

Edmund L. Mooney, Denis O'Brien and Solomon Hanford for appellants.

George S. Graham, Ralph P. Buell, J. S. L'Amoreaux, Alton B. Parker and Anson McCook Beard for respondents.

Judgment affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ. Absent: GRAY, J.

HATTIE C. LAMB, Appellant, v. HENRY M.WILLIS, Respondent. Lamb v. Willis, 125 App. Div. 183, affirmed. (Submitted June 18, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 11, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action for trespass in cutting trees on plaintiff's land.

John J. Crawford for appellant.

Robert B. Knowles for respondent.

Judgment affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ. Absent: GRAY, J.

In the Matter of the Accounting of MARGARET N. HARTEAU et al., as Executors of and Trustees under the Will of HENRY HARTEAU, Deceased.

JOHN R. KUHN, as Executor of HARRIETTE A. H. BERRY, Appellant; MARGARET N. HARTEAU et al., as Executors and Trustees et al., Respondents.

Matter of Harteau, 125 App. Div. 710, appeal dismissed. (Submitted October 4, 1909; decided October 5, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 24, 1908, which reversed a decree of the Kings County Surrogate's Court settling the accounts of the executors and trustees herein.

John R. Kuhn and Michael J. Hickey for appellant.

George V. Brower, John K. Creevey, Robert F. Greacen, William G. Cooke, Howard O. Wood and James D. Bell for respondents.

Appeal dismissed, without costs; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ.

In the Matter of the Application of THE MAYOR, ALDERMEN AND COMMONALTY OF THE CITY OF NEW YORK, Relative to Acquiring Title to Lands for the Purpose of Opening Anthony Avenue.

THE CITY OF NEW YORK, Appellant; THE NEW YORK TELEPHONE COMPANY et al., Respondents.

Matter of Mayor, etc., of New York, 124 App. Div. 940, affirmed. (Submitted May 31, 1909; decided October 12, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1908, which affirmed an order of Special Term confirming