Irving v. Royal Exchange Assurance of London

Majority

p. 886

Alexander Duer Irving and Others, Appellants, Respondents, v. Royal Exchange Assurance of London, Respondent, Appellant.

(No. 1.)

Headnote

Evidence — interrogatories settled.

Cross-appeals from an order of Special Term settling interrogatories.

The order appealed from must be reversed in. so far as appealed from by plaintiffs, and the 7th, 8th and 9th interrogatories to be addressed to Sir Neville Lubbock, William N. Whymper and E.

p. 887

and 16th interrogatories proposed to be propounded" to the above-named witnesses, and the 4th interrogatory to be addressed to the witness H. O. Guernsey, allowed and settled, with ten dollars costs and disbursements to the plaintiffs, appellants. Present — Patterson, P. J., Ingraham, McLaughlin, Houghton and Scott, JJ. On plaintiffs’ appeal, order reversed and order entered as stated in opinion; on defendant’s appeal, order affirmed, and order entered as stated in opinion, with ten dollars costs and disbursements to plaintiffs. Settle order on notice.