DeKoven v. Ziegfeld

The action is to recover $1,125 for royalties. The answer denies any knowledge or information sufficient to form a belief as to the' allegations of the complaint, and then sets up two separate and distinct defenses, viz.: 1, a release in writing under seal from the claim in suit, and, 2, an agreement whereby plaintiff accepted a certain corporation as debtor in place of defendant. Plaintiff, denying that he had ever made such a release or agreement, made an application for a discovery and inspection of the alleged instrument or instruments set up in said defenses. This motion was denied, and…