POPPER, Appellant, o. COTTE et al., Respondents. (Common Pleas of New York City and County, General Term. May 6, 1890.) Appeal from first district court. Argued before LARREMORE, C. J., and BOOKSTAVER, J. H. Cooper, for appellant. J. Callahan, for respondents. No opinion. Ordered that the final order be affirmed, with costs. ODELL, Respondent, v. NEW YORK EL. R. Co., Appellant, (two cases.) (Common Pleas of New York City and County, General Term. May 7, 1890.) Argued before LARREMORE, C. J., and BOOKSTAVER, J. Davies & Rapallo, for appellant. Sackett & Bennett, for respondent. No opinion. Motion to dismiss appeals from special term granted, with $10 costs. See 8 N. Y. Supp. 951. MCKAY, Respondent, v. BREWSTER, Appellant. (Common Pleas of New York City and County, General Term. May 7, 1890.) Argued before LARREMORE, C. J., and BOOKSTAVER, J. Chas. E. Le Barbiere, for appellant. Thomas D. Rambaut, for respondent. No opinion. Motion to strike case from calendar denied, with $10 costs. STREPPONE, Respondent, v. LENNON, Appellant. (Common Pleas of New York City and County, General Term. May 9, 1890.) Appeal from special term. Argued before LARREMORE, C. J., and BOOKSTAVER, J. Jas. Kearney, for appellant. Ullo & Ruebsamen, for respondent. No opinion. Order reversed, with costs to abide the event. MCKAY, Respondent, v. BREWSTER, Appellant. (Common Pleas of New York City and County, General Term. May 12, 1890.) Appeal from judgment of the city court. Argued before LARREMORE, C. J., and BoOKSTAVER, J. Charles E. Le Barbiere, for appellant. Thomas D. Rambaut, for respondent. No opinion. Ordered that the judgment be affirmed, with costs. SCHWAN, Respondent, v. KNOOP, Appellant. (Common Pleas of New York City and County, General Term. May 12, 1890.) Appeal from order setting aside a verdict of the trial term, city court. Argued before LARREMORE, C. J., and BOOKSTAVER, J. Frederick H. Ernst, for appellant. Cook & Schuck, for respondent. BAUMGARTEN, Appellant, v. EDESHEIMER, Respondent. (Common Pleas of New York City and County, General Term. May 13, 1890.) Appeal from special term. Argued before LARREMORE, C. J., and BоOKSTAVER, J. A. P. Wagener, for appellant. Hamilton R. Squier, for respondent. FRANK, Appellant, v. PosT, Respondent. (Common Pleas of New York City and County, General Term. May 13, 1890.) Appeal from city court, general term. Argued before LARREMORE, C. J., and BOOKSTAVER, J. Herman H. Shook, for appellant. Nathaniel S. Smith, for respondent. No opinion. Ordered that the order appealed from be affirmed, with costs. ROBINSON, Respondent, v. BROADWAY & S. A. R. Co., Appellant. (Common Pleas of New York City and County, General Term. May 13, 1890.) Appeal from special term. Argued before LARREMORE, C. J., and BOOKSTAVER, J. Root & Clarke, for appellant. William J. Leitch, for respondent. No opinion. Ordered that the judgment and order be affirmed, with costs. GAYLORD et al., Respondents, v. RINALDO, Appellant. (Common Pleas of New York City and County, General Term. May 14, 1890.) Appeal from city court, general term. Argued before LARREMORE, C. J., and BOOKSTAVER, J. Hays & Greenbaum, for appellant. John E. Eustis, for respondents. No opinion. Ordered that the judgment be affirmed, with costs. LANE, Respondent, v. ROBINSON et al., Appellants. (Common Pleas of New York City and County, General Term. May 15, 1890.) Appeal from city court, general term. Argued before LARREMORE, C. J., and BOOKSTAVER, J. P. C. Talman, for appellants. Hascall, Clarke & Vanderpoel, for respondent. No opinion. Ordered that the judgment be affirmed, with costs. RECTOR, ETC., OF THE PROTESTANT EPISCOPAL CHURCH OF ST. STEPHEN, Respondent, v. Blackhurst, Appellant. (Common Pleas of New York City and County, General Term. May 15, 1890.) Appeal from district court. Booraem, Hamilton & Beckett, for appellant. A. J. Shipman, for respondent. No opinion. Ordered that the judgment be affirmed, with costs. RAMSEY, Appellant, v. BARNES, Respondent. (Common Pleas of New York City and County, General Term. June, 1890.) Argued before LARREMORE, C. J., and BOOKSTAVER, J. J. M. Williams, for appellant. J. H. Frost, for respondent. No opinion. Motion for reargument granted. VON WEIN v. LION FIRE INS. Co. (Superior Court of New York City, General Term. March 4, 1890.) No opinion. Motion granted, with $10 costs. VON WEIN v. SCOTTISH UNION & NAT. INS. Co. (Superior Court of New York City, General Term. March 4, 1890.) No opinion. The motion should be denied, with $10 costs. The action of the court in affirming the order denying the motion for a new trial was deliberate and advised. The decision involved familiar and often-applied rules. JAMES, Appellant, v. MCCREERY, Respondent. (Superior Court of New York City, General Term. April 7, 1890.) Appeal from special term. Action by Ada L. James against James McCreery. Plaintiff appeals from order staying proceedings. Argued before SEDGWICK, C. J., and DUGro, J. W. F. Dunning, for respondent. PER CURIAM. Order affirmed, with $10 costs and disbursements to be taxed. BROWN, Appellant, v. NEY et al., Respondents. (Superior Court of New York City, General Term. May 5, 1890.) Appeal from trial term. Action by Samuel G. Brown and Emil Ney and Theresa Stiefel to recover $3,500, as damages for the defendants' breach of their contract, by which they agreed to hire him as traveling salesman. Argued before SEDGWICK, C. J., and FREEDMAN, J. Morris S. Wise, for appellant. Charles Strauss, for respondents. PER CURIAM. None of the exceptions taken by the plaintiff appears to be tenable. The issues were fully and fairly submitted to the jury under a charge to which no exception was taken, and no reason appears for a disturbance of the verdict. The judgment and order should be affirmed, with costs on the opinion delivered by the trial judge on denying plaintiff's motion for a new trial. HOPKINS, Respondent, v. NIAGARA MACH. Co., Appellant. No opinion. Appeal from municipal court. Judgment affirmed, with costs, on opinion of HATCH, J., in Brown v. Machine Co., 7 N. Y. Supp. 514. LENIHAN, Respondent, v. BRONNER, Appellant. (Superior Court of Buffalo, General Term. November 19, 1889.) Argued before BECKWITH, C. J., and HATCH, J. No opinion. Judgment affirmed, with costs. RAUCH, Respondent, v. NEW YORK, L. & W. R. Co., Appeliant. (Superior Court of Buffalo, General Term. November 19, 1889.) Argued before BECKWITH, C. J., and HATCH, J. No opinion. Judgment reversed, and new trial ordered, with costs to abide the event, on opinion of TITUS, J.,in Reming v. Railroad Co., 7 N. Y. Supp. 516. REICHEL, Respondent, v. NEW YORK CENT. & H. R. R. Co., Appellant. (Superior Court of Buffalo, General Term. November 19, 1889.) Argued before BECKWITH, C. J., and HATCH, J. No opinion. Exceptions overruled, and judgment ordered for plaintiff, on verdict. See ante, 414, 415. SULLIVAN et al., Appellants, v. PORTINGTON, Respondent. (Superior Court of Buffalo, General Term. November 19, 1889.) Argued before BECKWITH, C. J., and TITUS and HATCH, JJ. No opinion. Judgment of municipal court modified, by making judgment herein in favor of plaintiff for the sum of $157.72, and, as so modified, affirmed, without costs. FOLEY, Respondent, v. WOMEN'S MUT. INS. & Acc. Co., Appellant. (Supreme Court, General Term, Fifth Department. January 24, 1890.) Argued before DWIGHT, P. J., and MACOMBER and CORLETT, JJ. No opinion. Judgment affirmed. END OF VOLUME 9. INDEX. NOTE. A star (*) indicates that the case referred to is annotated. 2. Code Civil Proc. N. Y. § 1296, gives 3. The words "successor in interest," as A complaint, in an action on a bond exe- |