Tout v. Logan

Order so far as appealed from reversed on the law, without costs of this appeal to either party, and motion denied, without costs. See memorandum filed in companion case {Tout v. Logan, ante, p. 820), decided herewith. All concur, except Taylor, J.., who dissents and votes for affirmance. (The portion of the order appealed from grants a motion to vacate plaintiff’s notice of examination of an officer of defendant bank before trial.) Present — ■ Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.