
    Thomas Vernon et al., Resp’ts, v. J. Blakeley Creighton, Impl’d, etc., App’lt.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed October 24, 1890.)
    
    Appeal from an order vacating an order for the examination, of the plaintiffs.
    
      William Man, for app’lt; Harold Vernon, for respts.
   Daniels, J.

The note upon which this action has been brought was made and endorsed by the defendant, J. Blakeley Creighton, for the sum of $1,500. It is alleged to have been also endorsed by A. Delmont Jones and delivered to the plaintiffs. The note is stated in the affidavit of the maker to have been delivered to Jones to be by him delivered for the maker to Charles T. Russell. But he failed to make that delivery of it, and wrongfully appropriated it, by transferring it to the plaintiffs.

The order for their examination was made upon an affidavit similar to those upon which the other orders were made. And the examination was restricted in the same manner. The necessity for the plaintiffs’ examination has been presented by the same statements as have been made for that object in the other two cases. And the same disposition should, therefore, be made of this appeal, which was argued with the others. The order should therefore be reversed, but without costs, but with the disbursements on the appeal in favor of the defendant appealing. (

Van Brunt, P. J., and Brady, J., concur.  