6 How. Pr. 398 | The Superior Court of New York City | 1851
The 388th section of the Code, to, which the counsel referred on the argument, does not appear to cover this case. That section authorizes an order for an inspection and
The defendant does, indeed, state in his amendment to the petition that with the aid of the discovery he will be able to prove that the note and acceptances have been paid, but that does not show that the discovery is necessary to enable him to prepare his answer.
He is not required, and it would be improper to set forth the evidence in his answer. The province of the answer is to state facts, and not the evidence of facts; and it appears from the petition itself, that the defendant has sufficient information to enable him to state the facts in his answer with the requisite fullness and particularity to lay a foundation for the introduction of the evidence, which he alleges the papers now sought to be discovered contain.
The motion must be denied with ten dollars costs.