Cross v. National Fire Insurance
New York Supreme Court
Appeal from special term, Erie county. Action by Sidney C. Cross, trustee, against the National Fire Insurance-Company of New York, upon a policy of insurance. Defendant obtained an order for the examination of plaintiff before trial, which was vacated, and defendant appeals.
1Opinion of the CourtMacomber, J.
The ground of this motion is stated, in part, to be that the affidavit on which the original order for examination was granted was insufficient under section 872 of the Code of Civil Procedure, as supplemented by our rules of practice. The action is upon a policy of fire insurance. The affidavit, which is made by the attorney of record for tlie defendant, alleges that one A. H. Bowen was the agent and adjuster of the defendant, and had the management of the case in charge, and that he had told the affiant what he could learn about the case. The affidavit is entirely upon information and. *85belie…
Also in this document: Concurrence.
2Cited by4 opinions
- De Lacy v. WalcottThe Superior Court of the City of New York and Buffalo · 1891
- Detroit Automatic Scare Co. v. TorgesonSouth Dakota Supreme Court · 1916
- New York Press Club v. LoydThe Superior Court of the City of New York and Buffalo · 1895
- Rodgers v. ClementAppellate Division of the Supreme Court of the State of New York · 1900