National Fire Insurance Co. of Hartford, Connecticut v. Shearman

Clark, J.:

Plaintiff desired to examine defendant before trial, and served a notice for such examination as prescribed by section 290 of the Civil Practice Act and rule 121 of the Rules of Civil Practice. Defendant moved, under section 291 of the Civil Practice Act and rule 124 of the Rules of Civil Practice, to vacate said notice, and from an order granting said motion plaintiff appeals.

In its complaint plaintiff charges that on the 18th day of February, 1922, a Cadillac automobile owned by one Mullins, and in possession of and driven by the defendant, was negligently run into a telegraph…