Bamberger v. United States Fidelity & Guaranty Co.

Plaintiff seeks inspection of a certain check, paid to plaintiff’s assignor, and of a release given by plaintiff’s assignor on the settlement of an action brought by plaintiff’s as*513signor on the same cause of action as that upon which plaintiff now seeks to recover. The defense to this action is based on the claim that defendant paid the assignor of plaintiff the full amount of the claim here sued upon, and obtained a release from him. Defendant’s evidence, in support of this defense, is, among other things, the check paid to plaintiff’s assignor, and indorsed by him, and the said release from…