Opinion
July Term, 1901.
Present — Van Brunt, P.J., Patterson, O'Brien, Ingraham and Laughlin, JJ.
Order modified as directed in opinion, without costs.
We think that this order granting plaintiff's motion for a commission to England to take testimony should be modified by requiring the plaintiff to stipulate that he will be present upon the trial for examination, or, if he is to remain in England, that his name be inserted in the commission as one of the parties to be examined thereto, that the defendants may obtain the benefit of his examination and of the production of such documents as he may have which are material and relevant to the issues. Order modified accordingly, without costs.