General
Benz & Cie (Rhenish Automobile and Motor Factory, Inc.), Respondent, v. Jesse Froehlich, Appellant
163 A.D. 941·New York Supreme Court, Appellate Division·1914·NY
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Opinion
Benz & Cie (Rhenish Automobile and Motor Factory, Inc.), Respondent, v. Jesse Froehlich, Appellant.
Appeal from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 7th day of March, 1914, granting a motion for a commission on written interrogatories.
[MAJORITY — Per Curiam:]
Per Curiam:
The order appealed from should be modified by allowing the defendant either to join in the commission with written cross-interrogatories or to attend and cross-examine the witnesses orally as he shall elect. As so modified the order is affirmed, without costs. Present—• Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ. Order modified as directed in opinion and as modified affirmed, without costs. Order to be settled on notice.