Majority
p. 781John Lever, Respondent, v. Gayer G. Dominick, Andrew V. Stout, J. Augustus Barnard, Bernon S. Prentice and F. Wilder Bellamy, Surviving Copartners Composing the Former Firm of Dominick & Dominick (as It Existed in 1924), Appellants.
Resettled order granting plaintiff’s motion for examination of the defendants before trial and for discovery and production of certain books and papers in an action for money had and received, based on rescission, affirmed, in so far as an appeal is taken, with ten dollars costs and disbursements; the examination and discovery to proceed on five days’ notice. No opinion. Carswell, Davis, Johnston, Adel and Close, JJ., concur.