
    PRATT v. NEW YORK MERCANTILE EXCHANGE.
    (Supreme Court, Appellate Division, First Department.
    January 14, 1910.)
    Appeal from Special Term, New York County. Application by Arthur V. Pratt for a writ of mandamus against New York Mercantile Exchange. From an order denying motion for alternative writ, petitioner appeals. Reversed.
    Grant C. Fox, for appellant.
    William H. Wad-hams, for respondent.
   PER CURIAM.

We think, upon the affidavit or written proof furnished by the petitioner, a proper case is made for an alternative writ under the provisions of section 2067 of the Code of Civil Procedure. The order appealed from should be reversed, with $10 costs and disbursements, and the motion for an alternative writ granted.

LAUGHLIN and CLARKE, JJ., dissent.  