INDEX. . Page Statement Under Rule 234 1 Notice of Appeal of Defendant Fred A. Church . 3 Notice of Appeal of Plaintiff 4 Summons. 5 Amended Complaint 6 Exhibit 1-Lease, dated September 30, 1927 8 Answer of Defendant Fred A. Church, to Amended Complaint . ... 15 Extract from Clerk's Minutes s. ... 25 Judgment ... 26 Case . 27 Mr. Dougherty's Opening 27 Motions 29 Mr. Scoble's Opening 31 Motion to Dismiss Complaint ..92, 126 Motion to Strike Out Testimony ..126 Motions for Judgment ..126 Stipulation as to Cost of minutes .126 Statement that Case Contains all the Evidence ...126 Opinion of the Court, Ingraham, J. ..146 Stipulation Settling and Filing Case on Appeal . ..147 Order Settling and Filing Case on Appeal . . .148 Stipulation Waiving Certification of Record on Appeal .... .148 Order Directing Filing of Printed Case in Appellate Division. ..149 Page TESTIMONY. 34 57 67 118 Witnesses for Plaintiff : Direct examination . Re-direct examination Direct examination Direct examination Cross examination . Direct examination ... 116, 122 .117, 125 ..109 EXHIBITS. Plaintiff's Exhibits: between George W. Saulsberry, and F. A. Page property situated on Black River, Lake ..134 Defendant Church's Exhibit B—Articles of Incorporation of The Playland Amusement dence at Fol. 297. Printed at Fol. 403...135 Exhibit C—Duplicate Original Articles of In corporation, of Playland Amusement Com- evidence at Fol. 300. Printed at Fol. 425.142 Exhibit D--Assignment of Lease from F. A. Church and J. Jaffe to The Playland ..145 |