FREDERICK S. HEAL, Respondent, v. RICHMOND COUNTY SAVINGS BANK, Appellant.

Heal v. Richmond County Savings Bank, 127 App. Div. 428, affirmed. (Argued October 15, 1909; decided October 29, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 29, 1908, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial in an action to procure the cancellation of a bond and mortgage.

Mortimer S. Brown and Melvin L. Decker for appellant.

William D. Gaillard for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

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

WILLIAM N. WHITE et al., Appellants, v. LESLIE G. LOOMIS et al., Respondents.

White v. Loomis, 123 App. Div. 909, affirmed.
(Argued June 11, 1909; decided November 9, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 16, 1907, affirming a judgment in favor of defendants 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 of sale.

Charles Caldwell for appellants.

Frank Rice for respondents.

Judgment affirmed, with costs; no opinion.

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

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CONSOLIDATED NATIONAL BANK OF NEW YORK, Appellant, v. LAWSON PURDY et al., as Commissioners of Taxes and Assessments of the City of New York, Respondents.

People ex rel. Consolidated Nat. Bank v. Purdy, 132 App. Div. 931, reversed.

(Submitted October 4, 1909; decided November 9, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1909, which affirmed an order of Special Term dismissing a writ of certiorari to review certain assessments for taxation upon the capital stock of the relator owned by its respective shareholders.

J. Culbert Palmer and Edwin L. Kalish for appellant.

Francis K. Pendleton, Corporation Counsel (William H. King of counsel), for respondents.

VANN, J. The facts in this proceeding are similar to those in the case of The People ex rel. American Exchange National Bank v. Purdy, decided herewith (196 N. Y. 270), the differences being of detail only, none of which affect the principles involved or the questions decided. The cases were argued together and submitted on substantially the same briefs. The same decision should be made in each and, accordingly, we reverse the order of the courts below, with costs in both to appellant, the costs in the Appellate Division being fixed at fifty dollars and disbursements, and remit the proceeding to the Special Term with leave to respondents to there move for a supplemental return.

CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, WILLARD BARTLETT, HISCOCK and CHASE, JJ., concur.

Order reversed, etc.

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ORLANDO JONES, Respondent, v. JOSEPH LANGAN, a Lieutenant of Police, Appellant.

SAME, Respondent, v. SAME, Appellant.

People ex rel. Jones v. Langan, 132 App. Div. 937, affirmed. (Argued October 11, 1909; decided November 9, 1909.)

APPEAL in each of the above-entitled actions from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 7, 1909, which affirmed an order of Special Term sustaining a writ of habeas corpus and directing the discharge of the relator from custody.

John F. Clarke, District Attorney (Robert H. Elder of counsel), for appellant.

Joseph S. Auerbach, John B. Stanchfield and Charles H. Tuttle for respondent.

Orders affirmed on opinions in People ex rel. Lichtenstein v. Langan (196 N. Y. 260).

Concur: CULLEN, Ch. J., HAIGHT, WILLARD BARTLETT, HISCOCK and CHASE, JJ. Dissenting: VANN, J. Not sitting: EDWARD T. BARTLETT, J.

THE PEOPLE OF THE STATE OF NEW YORK ex rel. THE BROOKLYN CHILDREN'S AID SOCIETY, Respondent, v. GEORGE C. HENDRICKSON et al., Composing the Board of Education of the Huntington Union School, Appellants.

People ex rel. Brooklyn Children's Aid Socy. v. Hendrickson, 125 App. Div. 256, affirmed.

(Argued October 19, 1909; decided November 9, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 27, 1908, which affirmed an order of Special Term

granting a motion for a peremptory writ of mandamus to compel the defendants to admit one Howard Wisbauer as a pupil in the Huntington Union School.

Thomas Young for appellants.

William G. Cooke and Howard O. Wood for respondent.

Order affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, WERNER and HISCOCK, JJ. Taking no part: WILLARD BARTLETT, J.

JOHN J. STEPHENS et al., Respondents, v. THE NEW YORK, ONTARIO AND WESTERN RAILWAY COMPANY, Appellant.

Stephens v. N. Y., Ontario & Western Ry. Co., 126 App. Div. 920, modified.

(Argued October 19, 1909; decided November 9, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 23, 1908, affirming a judgment in favor of plaintiffs entered upon the report of a referee in an action to recover for an alleged injury to easements and for depreciation of value of plaintiffs' real property by reason of the operation of defendant's railroad opposite thereto.

P. W. Cullinan for appellant.

Paul Armitage and Henry D. Donnelly for respondents.

Judgment modified by reducing plaintiffs' recovery by the sum of $2,437.72, rental damages awarded for the opera house property, and as modified affirmed, without costs in this court to either party; no opinion.

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

JAMES M. HAMILTON, Appellant, v. FRANK V. FLECKENSTEIN, Defendant, and WILLIAM S. MORSE et al., Respondents.

Hamilton v. Fleckenstein, 123 App. Div. 913, affirmed. (Argued October 19, 1909; decided November 9, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 13, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at Special Term in an action to foreclose a lien for money alleged to have been paid on a contract for the sale of real property.

Hugh J. O'Brien for appellant.

Henry D. Shedd for respondents.

Judgment affirmed, with costs; no opinion.

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

JOSEPH F. WITMER, Appellant, v. CITY OF JAMESTOWN, Respondent.

Witmer v. City of Jamestown, 125 App. Div. 43, affirmed. (Argued October 20, 1909; decided November 9, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 6, 1908, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial in an action to recover for an alleged breach of contract for services.

Arthur C. Wade and Lincoln A. Groat for appellant.

Frank W. Stevens for respondent.