Rudolph Wurlitzer Co. v. Atol

DONOVAN, District Judge.

Examination of the complaint discloses two.causes of action, each based upon a guaranty and indemnification agreement executed by defendant on December 1, 1947. In due course all rights thereunder and against defendant were assigned to plaintiff, and the second cause of action is brought “to collect a balance due * * * which * * * now amounts to the sum of * * * $6,089.01.” It is with reference to this that defendant says he “is without any information as to what items constituted the original account, what items constitute the balance referred to, and what items…