Congdon v. Oneida County Grange Co-operative Fire Insurance

This is a motion by the plaintiff under rule 122 of the Rules of Civil Practice for an order permitting the examination before trial of the defendant for the purpose of framing a complaint.

The action was commenced by the service of a summons. It is averred in the moving affidavits that the cause of action is based upon a fire insurance policy issued by the defendant to Alex Hannus, which contained a clause providing in substance that the policy insured the said Alex Hannus and any member, guest or servant of the Alex Hannus family, against all direct-loss by fire to an amount not exceeding…