
    Robert A. R. Dobyns, Appellant, v. The Commercial Trust Co., Respondent.
    Appeal from an order of Special Term vacating an order for examination of defendant before trial.
    Russell & Percy, for appellant.
    Harwood R. Pool, for respondent.
   Per Curiam.

We think that the order appealed from should be affirmed. Evidently plaintiff wishes to find out just what evidence defendant has to maintain its defense; besides, it appears to us that he wishes to ascertain whether he really has a cause of action herein against defendant. All the testimony he is now seeking for may be obtained by him in the usual way upon the trial. We think he should not now he allowed to engage in a fishing excursion.

Order appealed from affirmed, with costs.

Present: Fitzsimons, Oh. J., Conlañ and O’Dwyeb, JJ.

Order affirmed, with costs.  