William F. Clark, Respondent, v. Lewis Stuyvesant Chanler, Appellant.
Appeal from an order entered in the Hew York county clerk’s office on the 34th day of Hovember, 1908, denying a motion to vacate an order for the defendant’s examination before trial.
[MAJORITY — Per Curiam:]
Per Curiam:
We think this order should be modified by restricting the examination to the authority given by the defendant to Manning who, the plaintiff claims, was the defendant’s agent. As so modified the order should he affirmed, without costs. Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ. Order modified as directed in opinion, and as modified affirmed, without costs. Settle order on notice.