Reports of Cases Heard and Determined in the Supreme Court of the State of New York, Svazek 42,Svazek 49

abide event action was brought agreement alleged amount appellant applied appointed assessment assignment authority Bank Barb bond certificate charge Civil Procedure claim Code of Civil complaint concurred contract corporation costs and disbursements costs to abide court creditors damages debts deceased DECEMBER TERM deed defendant defendant's district attorney dollars costs Dykman entitled evidence ex rel execution executors fact favor FIFTH DEPARTMENT filed held HUN-VOL Impleaded indorsed interest John Judgment affirmed jury justice Kings county land LANDON lease liable lien ment mortgage motion NOVEMBER TERM OCTOBER TERM Opinion Order affirmed order denying paid parties payment Peckforton Castle person plaintiff possession Pratt premises proceedings proof provisions purpose question received recover referee refused Respondent SECOND DEPARTMENT Smedes Southwick Special Term statute surrogate testator thereof THIRD DEPARTMENT Thomas Garner tion trial granted trustees Wend witness XLII York YORK EX REL