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Mitchell v. Central Mines Development Co.

117 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1909-06-11 English

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p. 1141
MITCHELL v. CENTRAL MINES DEVELOPMENT CO., Limited.
(Supreme Court, Appellate Division. First Department.
June 11, 1909.)

Headnote

Appeal from Special Term, New York County. Action by George Mitchell against the Central Mines Development Company, Limited, a corporation. From an order denying a motion for a commission, plaintiff appeals.
Reversed.
See, also, 124 App. Div. 325 , 108 N. Y. Supp. 953 .
William J. Dawley, for appellant.
Franklin Pierce, for respondent.

Order appealed from reversed, without costs, and motion for commission on written interrogatories granted, with leave to defendant to submit written cross-interrogatories, or to cross-examine orally, and with leave to plaintiff, if defendant elects to cross-examine orally, to examine witness orally on the redirect.