Royce v. Ziegfeld

The following is the opinion of the court below:

Taylor, J.

As I read the motion papers, the applicant contemplates (1) examinations of the defendants before trial for the purpose of establishing controverted allegations of the amended complaint; and (2) a discovery and inspection, rather general in its nature, of books, records, etc., of the defendants. On the first branch of the application, in the absence of bad faith on the part of the plaintiff — and none is here apparent — the plaintiff is entitled to prove the truth of such controverted allegations, if he can do so, by the testimony of…