
    SEARLE v. HALSTEAD & CO.
    (Supreme Court, Appellate Division, First Department.
    December 24, 1908.)
    Appeal from Trial Term, New York County. Action by Clifford N. Searle against Halstead & Co. From an order granting a bill of particulars, defendant appeals. Modified and affirmed. William H. Wadhams, for appellant. Philip B. Adams, for respondent.
   PER CURIAM.

The order appealed from should -be modified, by striking out clause D. in that part of the order directing particulars as to the second separate and distinct defense, and by striking out subdivision E at the end of said order. As so modified, the order should be affirmed, with $10 costs and disbursements to the defendant to abide the event.  