
    In re HEINE SAFETY BOILER CO.
    (Supreme Court, Appellate Division, Third Department.
    March 9, 1910.)
    In the matter of the application of the Heine Safety Boiler Company for a writ of mandamus requiring the Franklin Boiler Works Company to allow an inspection of its books.
   PER CURIAM.

Order reversed, with costs, and application granted, unless the respondent, within 30 days after service of a copy of this order, shall make and deliver to relator a statement of its affairs under oath, embracing a particular account of all its assets and liabilities, in which case order is modified by striking therefrom the award of costs, and as modified, affirmed, without costs.

KELLOGG, J., votes for affirmance.  