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Clark v. Chanler

113 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1908-12-24 English

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p. 1128
CLARK v. CHANLER.
(Supreme Court, Appellate Division, First Department.
December 24, 1908.)

Headnote

Appeal from Trial Term, New York County. Action by William F. Clark against Lewis Stuyvesant Chanler. From an order denying a motion to vacate an order for defendant’s examination before trial, he appeals. Modified and affirmed. Bronson Winthrop, for appellant. MacDonald De Witt, for respondent.

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, tbe order should be affirmed, without costs.