Forms of Pleading in Actions for Legal Or Equitable Relief: Prepared with Especial Reference to the Codes of Procedure of the Various States and Adapted to the Present Practice in Many Common Law States, Volume 1

Austin Abbott, Carlos Coolidge Alden

Baker, Voorhis, 1898 - 1858 halaman

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CHAPTER I	1

Form	3

Answer containing several defences and counterclaims	7

By a common informer	10

EXECUTORS AND ADMINISTRATORS	11

A PARTY SUING OR SUED ON BEHALF OF HIMSELF AND OTHERS	14

Allegations in action brought by an association in name of officer	26

Form No Page 48 By executor or administrator where he sues in his own right	36

Complaint by lessee against lessor for refusal to give possession	438

CHAPTER XXIV	445

By apprentice against master	452

Form No Page	455

CHAPTER XXV	462

Upon defendants promise to indemnify plaintiff if he would defend	468

Form No Page 459 Allegation of special damages because the goods cannot be obtained	473

The same for failure to deliver part	476

Defendant sued as administrator	38

The same by or against a foreign corporation	40

Allegation of probate of will and granting of letters by special officer acting in absence of surrogate	41

Defendant an administrator with the will annexed	42

Allegation of coexecutors refusal to join	43

Allegation of appointment as administrator by foreign court	44

HUSBAND AND WIFE 59 Husband and wife as plaintiffs 45 19325	45

The same where the husband after marriage has acquired property which before marriage was the property of the wife	46

The same where the husband has acquired that which became the wifes separate property after marriage	47

The same a shorter form	48

Allegation in action between citizens or corporations of different States on a commonlaw cause of action in a United States court 49 65	49

The same by alien against citizen on a commonlaw cause of action in a United States court 30	50

The same by alien against citizen in United States court in equity suit	51

LUNATICS 70 By committee of lunatic idiot or habitual drunkard under the New York statute	52

Against such committee	53

MARRIED WOMEN 72 Marriage and separate estate of plaintiff	54

The same in an action other than upon a contract for the payment of money only	56

CHAPTER III	71

Form No Page 127 Allegation of the character of a bucket shop transaction in	72

By pledgee of stock for excess of loan over price realized on sale	78

Against municipal corporation where statute requires previous notice	79

By town for support of lunatic	99

Against one who has wrongfully disposed of plaintiffs property	105

action to recover the money paid to defendant	111

Complaint to recover excess over legal rate of interest under the statute	112

For money overpaid by mutual mistake	113

To recover money paid for stolen securities	114

To recover money advanced on forged collateral	115

To recover money paid for a forged mortgage	116

The same the bond and mortgage being void for usury	118

For repayment of deposit on a contract for the purchase of real estate	119

The same where deed was rejected on ground of defective title	122

Against one to whom plaintiff conveys his real property under an agreement to sell and pay proceeds to plaintiff	123

For repayment of deposit on purchase of horse conditioned on a trial proving satisfactory	124

By pledgor of a note as collateral against the pledgee the note hav ing since been collected by him to recover excess received over the amount of the...	125

For repayment of a judgment paid and afterwards reversed	127

By owner of goods against common carrier to recover back excess of freight exacted	128

To recover freight charge on failure to transport	129

By consignor against bank for proceeds of sale of goods deposited by factor in his own name	130

Against factor who has collected insurance loss on principals goods	131

Against notebroker for proceeds of note discounted	132

Against executor for money received by decedent and retained	133

Complaint by infant to recover back money he had been induced by false representations to invest in a copartnership	135

The same where the assessment was regular on its face	138

To recover from city amount paid for tax certificates which were invalid because of defect in the assessment	140

Complaint by corporation against corporate commissioners for moneys received on subscription of stock	142

To recover fees of usurped public office	143

Notes of recent cases involving questions of pleading in this species of action	144

The same where the price was agreed on	147

The same anticipating and avoiding defense of an unexpired credit	153

CHAPTER V	163

CHAPTER VII	168

Form No Page 177 General form	169

The same as upon an account	170

For commissions of broker	171

As factor	172

By proprietors of a newspaper for advertising	173

By an attorney	174

The same to recover from assignee of client his share of proceeds of litigation agreed on for his services	176

By attorneys in action to recover for their services and to establish a lien on clients judgment	180

By a physician	186

Against corporation for services as an officer	187

For board and lodging	188

For stabling and care of horses	189

For work and materials incidentally furnished	190

The same on an account	191

For imparting information on request and breach of agreement to pay in bonds	192

For extra work done in course of an employment	193

The same where the contract was fulfilled by an assignee	194

For services rendered on employment by supposed agent who had no such authority	195

The same another form	198

The same for withdrawing opposition to the probate of a will	204

On promise to pay share of net profits for assignment of patent	210

General form on instrument not a negotiable promissory note	216

Form No Page 230 On a note signed by an agent	223

On note made by partners in firm name	224

By partners on a note payable to the order of the firm	225

By payee against the surviving member of the firm making the note	226

Against executor or administrator of deceased maker	227

By executor or administrator of deceased payee	228

By a corporation against a corporation	229

On several notes given upon an agreement to pay all upon a default in any	230

On a note for a voluntary subscription payable on condition of other subscriptions to a certain amount being secured or at a fixed future time at mak...	231

INDORSEE AGAINST MAKER 242 By first indorsee Ordinary form pleading the legal effect	232

The same pleading by copy	233

On a note payable to bearer or to a fictitious persons order or to makers own order	235

The same pleading by copy	238

The same approved form in commonlaw State	239

Averment of excuse for nonpresentment where the maker could not be found	240

The same where waiver was made after maturity	241

INDORSEE AGAINST MAKER AND INDORSER 255 First indorsee against maker and payee indorser	242

PAYEE AGAINST MAKER AND IRREGULAR INDORSER 257 Payee having parted with value on the faith of the indorsement	243

Against maker and irregular indorser of nonnegotiable note	244

The same shorter form the maker a corporation	245

The same on a nonnegotiable note sustained in South Carolina	246

Form No Page	247

CHAPTER X	257

PAYEE AGAINST DRAWER	263

CHAPTER XI	277

CHAPTER XII	288

CHAPTER XIII	290

On award of an umpire	292

Allegation of an enlargement of the time	293

By foreign corporation plaintiff allegation of authority to sue in	294

Another form on the sum named in the condition	295

Another form pleading by copy	296

Another form upon a railroad bond requiring certification by trustee	297

On a town bond issued in aid of railroad	298

Complaint on certificate of deposit	302

ON BONDS OTHER THAN FOR PAYMENT OF MONEY 318 Common form setting forth copy	305

On a bond for the fidelity of a clerk or cashier	307

On a bond for the faithful accounting of an agent	308

reformed	310

On bond to discharge vessel from attachment under New York State Lien Law	312

ARBITRATION BONDS 325 For refusal to comply with award	313

For revoking the arbitrators powers	314

CHAPTER XV	315

Against one surety on the rond of an executor whose letters have been revoked	317

Complaint by receiver on bond given by his predecessor	322

Assignment of breach of the bond of a county treasurer in action by supervisor	324

The same for neglect to sell after levy	325

Allegation of judgment for damages and costs against the sheriff	326

For security for costs	327

On appeal to stay execution meantime	329

For costs and damages on an attachment	330

On an undertaking to discharge attachment	332

On an undertaking for costs and damages on obtaining order for an arrest	333

On undertaking to procure discharge from arrest	334

On undertaking to indemnify sheriff for levy under execution	335

On undertaking in an action to recover a chattel replevin	337

On an undertaking given in an action to recover a chattel to secure the return of the property	338

On an undertaking given on obtaining an injunction	339

Undertaking to discharge mechanics lien	340

CHAPTER XVI	343

The same annexing a copy	344

For demurrage	345

Charterer against owner for abandoning the voyage	346

CHAPTER XVII	347

Against guarantor of payment of coupons on negotiable bonds	349

On a general guaranty by a transferee of the principal obligation	351

Against guarantor or socalled irregular indorser of a nonnegotiable promissory note before delivery to payee	352

Against guarantor of the collection of a debt	353

On guaranty of yearly dividend on stock	354

Against sureties for payment of rent	355

Against sureties upon contract for work and services	356

On an agreement to be answerable for the price of goods sold to a third person	357

On a guaranty of a precedent debt	358

Against guarantor of mortgage to recover deficiency after fore closure	359

Notes of recent cases in different States involving questions of pleading in actions upon a guaranty	360

CHAPTER XVIII	361

31	365

The same showing a renewal	366

having been delivered	367

1	368

On personal property removed during term	369

Against underwriter on Lloyds policy	371

ON LIFE INSURANCE POLICIES 375 By executor	373

By wife partner or creditor insured	375

By the assignee of insured in trust for the wife of insured	376

On membership certificate of fraternal benefit order	377

ON ACCIDENT INSURANCE POLICIES 379 By wife of insured	379

MARINE POLICIES 380 On a valued policy on ship or cargo	381

The same on an open policy	383

Averment of loss by collision	384

For a partial loss and contribution to general average for goods thrown overboard	385

Notes of recent cases involving questions of pleading in actions on insurance policies	386

32	389

CHAPTER XIX	392

The same setting forth copy	393

The same for a deficiency after a reentry by the lessor	394

Lessor against assignee of lessee	395

Lessor against the executors of the lessee	396

Assignee of rent against lessee	397

Assignee of the devisee of the reversion and rent against an assignee of part of the premises	398

On a note payable in chattels	401

The same by subscription subsequent to incorporation	407

Allegation of the effect of foreign judgment	414

The same where the conveyance excepted a special incumbrance	421

Form No Page	424

Against tenant for breach of covenant to insure	431

Against seller alleging part payment where there was no memoran dum of the contract	477

Against seller showing anticipatory refusal excusing nonpayment	478

For breach of a promise by seller of good will not to carry on rival trade in vicinity	479

Against buyer who received goods for examination and refused to accept	481

Against buyer for refusing to receive and pay for goods no time of delivery being specified in the agreement	484

Against buyer allegation of plaintiffs performance under an agreement to deliver to buyer at any time during specified period at the option of the bu...	485

Against buyer allegation of special damagepayment of freight charge	486

Against seller of privilege or option	487

Against buyer for not delivering note for goods bought	488

For deficiency after resale at auction	489

For breach of contract to redeliver goods or to pay for them in a reasonable time	490

CHAPTER XXVIII	491

Of the breeding qualities of a stallion	494

Of the amount due on a judgment assigned	495

Of the quality of goods	496

The same another form	497

On a sale by sample	498

Of fitness for particular purpose	499

Of title of chattels sold	500

Of the genuineness of a note	501

Of fitness of article for food	502

CHAPTER XXIX	503

Against purchaser for not fulfilling agreement to purchase	507

Against purchaser at auction for deficiency on resale	508

Averment of false representations by the defendant which prevented the plaintiff from fulfilling	509

CHAPTER XXX	511

Against an agent for not using diligence to sell goods	512

The same for carelessly selling to insolvent	513

The same for breach of instructions as to sale	514

Against an auctioneer for selling below the sellers limit	515

Against the same for selling on credit	516

Against a bank for neglecting to present a note lodged with it for collection	517

The same for not giving due notice	518

Against a watchmaker for not using due care and skill in repairing	519

The same for not returning the watch	520

Against the hirer of furniture etc for not taking care of same	521

Against the same for breach of the carriers duty	523

The same for goods contained in trunk but lost or stolen en route	524

The same for loss of passengers trunks containing articles of mer chandise other than ordinary baggage	525

Against a common or private carrier on a special contract for loss of goods	526

The same for failure to deliver in a reasonable time with special damage	527

Against the same for failure to deliver at the time agreed with special damage	529

Allegation of through contract though over connecting lines	530

Allegation of refusal to receive and transport cattle in compliance with previous agreement so to do	531

Against carriers by water for not regarding notice to keep dry	532

Allegation of loss in unloading and delivery	533

Notes of recent cases involving questions of pleading in actions against common carriers for loss or injury to goods intrusted to them for transportati...	534

INNKEEPERS 525 Against innkeeper for loss of trunk or contents	535

Against innkeeper who is also proprietor of bathinghouse for loss of pocketbook	536

For refusal to lodge traveler	537

PLEDGEES 528 Against pledgee for loss of pledge	538

For injury to pledge	539

The same another form charging knowledge by defendant of urgent character of message	543

Against telegraph company for negligence in delivering a message twice	544

The same for delay in delivering a message containing a conditional order	546

The same under Indiana statute	547

To recover statutory penalty for delay in transmission of message under Georgia statute	548

The same delay in delivering causing mental anguish	549

The same by husband for injuries to wifes feelings allegation of damage	550

CHAPTER XXXII	566

MASTER AND SERVANT	569

Form No Page	570

Complaint by passenger in street car against railroad company where	575

The same willful or wanton injury to person walking upon track	578

The same other allegations of defendants act	579

The same injury to employee from defective equipment and material	580

The same by employee for injury from defective track	581

The same by employee other allegations of injury from defective equipment	582

The same by employee for injury caused by failure to adopt proper rules and regulations	584

The same by employee for injury caused by fellowservant	585

The same by employee another allegation of negligent employment of fellowservant	586

The same by employee injured by being transferred to different service	587

The same for setting fire	588

Against the same for killing animals	589

The same under New York statute	590

AGAINST STREET RAILWAY COMPANY 574 Against street railway company by passenger for negligent starting of car	591

The same by passenger riding on front platform for willful act of servant	592

The same another allegation of willful act of servant	593

The same allegation of defective brake	594

VESSELS 580 Against owner of a vessel for collision with plaintiffs vessel while lying at wharf	595

The same for personal injury through destruction of vessel caused by negligently loading with inflammable cargo	596

AGAINST MUNICIPAL CORPORATION 584 Against municipal corporation preliminary allegation of organiza tion duty imposed by charter and pr...	597

Against municipal corporation injuries caused by a defective side walk	600

The same other allegations of injuries caused by defective sidewalks	601

The same injuries caused by bad condition of crosswalk	603

The same other allegations of defect in crosswalk	604

Form No Page 590 The same allegation of obstruction in driveway	605

The same for failure to guard bridge during repairs	606

The same allegation of negligence in construction acceptance and repair of bridge	607

The same allegation of neglect to repair sewer built by defendant	608

The same negligence in omitting to clear public well	609

Against municipal corporation for wrongful treatment of invalid	610

OBSTRUCTIONS IN HIGHWAY CAUSED BY PRIVATE INDIVIDUALS 599 By municipal corporation for recovery over against the creator of ob...	612

Against a contractor for leaving street in an insecure state whereby plaintiffs horse was injured	615

AGAINST LANDLORD TENANT OR OCCUPANT FOR DEFECTIVE PREMISES 602 Against landlord for negligently letting premises unhealthy b...	616

The same for leasing infected premises	617

Against landlord of tenement house for injuries caused by defective stairs	619

Against owner or occupant for injuries caused by leaving uncovered a dangerous hatchway	620

The same injury to visitor from negligent decoration of public hall	622

The same injuries to a child from unguarded pool in a vacant unfenced lot	623

The same injuries to a child from dangerous playground of school	624

The same for injuries to vessel from bad bottom of dock	625

The same allegation of defective construction of dock whereby plaintiffs horse was lost	627

Form No Page 617 Against employer injury caused by fall of materials	628

The same fall of building through overloading floors	629

The same from fall of door	630

The same from defective scaffold	631

The same allegation of defective elevator car	632

The same master having been requested to guard against threat ened danger but giving assurance of safety	633

The same allegation of defects in apparatus for operating mine	634

The same lack of safety appliance which master promised to supply	635

The same allegation of supplying machine with an unnecessary appliance of a dangerous character	636

The same from defect in machinery from failure to keep in repair and unknown to servant	638

The same from ignorance in the use of dangerous tool where employee was young and without experience	639

FOR MALPRACTICE ETC 633 Against an attorney for negligence in prosecution of a suit	640

Against the same for negligent defense	642

Against the same for negligence in examining a title	643

Against attorney for negligent or fraudulent investment on mortgage	644

Against an attorney for giving dishonest advice	645

Against a physician for maltreatment	647

Against physician for negligent treatment	648

The same more specific allegation of maltreatment	649

Against hospital superintendent for neglect of patient	650

Against compounder of drugs for negligence in selling to retailer poisonous drug under wrong label	651

Against druggist for negligently furnishing to plaintiff a wrong drug	652

Against a wholesale dealer who sells an explosive oil to a retailer who in turn sells to plaintiff	653

For delivering to common carriers dangerous materials without dis closing their character	654

Against stockbroker for negligence in operating a straddle	656

MISCELLANEOUS 648 For keeping a dangerous dog by which plaintiff was bitten	658

For keeping a dog accustomed to bite sheep and other animals	660

pedestrian	662

Allegation of special damage by married woman for loss of sepa	668

CHAPTER XXXIII	681

The same against a continuer	689

Form No Page 669 Allegation of maintenance of brick kiln and injuries therefrom	691

Against gas company	692

Against proprietor of factory the machinery of which in operation causes vibration of plaintiffs building and noise	693

Allegation of operation of electric light plant	694

Against proprietor of gambling hall	696

Against proprietor of house of prostitution to enjoin continuance and for damages	697

Against tradesunion and individuals to enjoin boycott and interfer ence with plaintiffs business	699

Against creator of obstruction in public highway causing personal injury	701

For making excavation in dangerous proximity to highway and failing to guard the same	702

Against structure erected by city in public street	703

For injuries received by falling into coal hole in sidewalk	705

For flowing water from adjoining roof on plaintiffs premises	706

The same where plaintiff is the reversioner	707

The same where the liability is imposed by a statute modifying the common law	708

Against municipality for damages caused by sewer	709

Against municipality for damages caused by maintenance of insuffi cient sewer	710

Against municipality for pollution of plaintiffs pond	712

Allegation of laying and maintaining private drain causing injury	713

Against erector of a dam causing overflow of plaintiffs premises	714

Averment of special damage to plaintiffs land	715

For damage caused by bursting of reservoir	716

For diverting water from plaintiffs mill	717

Allegation of right by prior appropriation	719

Notes of recent cases involving questions of pleading in actions for nuisance	720

CHAPTER XXXV	722

Form No Page 703 General form	723

Where the plaintiff was once in possession	724

By owner of undivided interest	726

By widow and heirs	727

Setting forth title by devise	728

By lessor against tenant	729

Notes of recent cases involving questions of pleading in this species of action	730

CHAPTER XXXVI	734

Ordinary form for a single trespass	735

The same for repeated acts of trespass	736

For entering plaintiffs house and injuring it and his goods	737

Trespass by defendant animals	738

For trespass by railroad company upon highway in which plaintiff has a reversionary interest	739

For treble damages for forcing entry and detainer	740

CHAPTER XXXVII	744

By devisee of remainder in fee against life tenant	745

By ward against guardian	746

The same by heirs against dowress	747

The same by redemptioner against purchaser	748

For forfeiture and eviction on account of waste	749

Hak Cipta

Edisi yang lain - Lihat semua

Forms of Pleading in Actions for Legal Or Equitable Relief: Prepared with ...
Austin Abbott,Edwin M. Bohm
Tampilan cuplikan - 1931

Istilah dan frasa umum

18 the defend aforesaid agreed agreement amount annexed appointed assessment assignment averment Bank Barb bill cause of action claim commencement common law complaint contract copy corporation creditors day of 18 day of 9 debt defendant's delivered demand of judgment demurrer drawer Duer N. Y. equity execution facts firm name foreign guardian ad litem held hereinafter mentioned indorsed interest jurisdiction letters testamentary liability lunatic maker ment money paid N. E. Rep N. Y. Code Civ N. Y. Supp necessary non-payment notice owner parties partner payable payee payment person plain plaintiff pleading preceding form promised to pay promissory note purchase received recover request separate property sold statute sued sufficient suit sum of dollars surety surrogate sustained thereafter thereof thereupon tiff tion United States court Wend WHEREFORE wife York

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Informasi bibliografi

Judul	Forms of Pleading in Actions for Legal Or Equitable Relief: Prepared with Especial Reference to the Codes of Procedure of the Various States and Adapted to the Present Practice in Many Common Law States, Volume 1 Volume 1 dari Forms of Pleading in Actions for Legal Or Equitable Relief, Austin Abbott Forms of Pleading in Actions for Legal Or Equitable Relief: Prepared with Especial Reference to the Codes of Procedure of the Various States and Adapted to the Present Practice in Many Common Law States, Carlos Coolidge Alden
Pengarang	Austin Abbott, Carlos Coolidge Alden
Penerbit	Baker, Voorhis, 1898
Tebal	1858 halaman

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