Podrobnosti o knize
§ 345. Answers
Form No. 773. Defense of payment before endorsement..
Form No. 774. Defense of no consideration......
Form No. 775. Defenses of want of consideration and fraud...
Form No. 776. Defense of no consideration based upon false
warranty of goods sold ....
....
Page
1376
1377
1378
1379
.....
1380
Form No. 777. Defense that note was executed for a pre-exist-
ing indebtedness, and endorsed by an officer
of a corporation without consideration......
Form No. 778. Defense of fraud in procuring note.....
Form No. 779. Defense of mistake in amount of note.....
Form No. 780. Defense that acceptance was for accommoda-
tion.
Form No. 781. Defense that defendant was a married woman,
and signed the note as surety only for her
husband
......
Form No. 782. Defense of unauthorized and fraudulent accept-
ance
Form No. 783. Defense of alteration of instrument. (In gen-
1381
eral.).
Form No. 784. Defense based upon material alteration in note
by changing the name of the payor.....
Form No. 785. Defense that note was given for losses sus-
tained by sale of "options on 'change," a ficti-
tious and gambling transaction...
1382
Form No. 786.
Form No. 787.
Defense of usury in making note...
Defenses-(1) denials, (2) dishonoring of
drafts due to acts of plaintiff, (3) that value
of property was offset by value of drafts, (4)
payment, (5) wrongful diversion of surplus
money which should have been applied to
payment, (6) non-observance of instructions
and failure to enforce lien, (7) failure to de-
liver agreed security.-Action upon guaranty
of drafts with bills of lading attached.......
1383
Form No. 788. Action upon guaranty of drafts with bills of
Form No. 791. Denial of acceptance, presentment, and protest 1393
Form No. 792. Denial of presentment
1394
Form No. 793. Denying excuse for non-presentment.
Form No. 794. Denial of notice
Form No. 795. Counterclaim in action upon promissory note..
346. Annotations .
1396
CHAPTER XCVIII.-Guaranty and Suretyship.
347. Complaints [or petitions]
Form No. 796. By surety, for money paid on undertaking on
Form No. 797. By surety, on lease, against principal....
Form No. 798. On guaranty of antecedent debt.....
Form No. 799. On agreement to answer for price of goods sold
to a third person
· ......
.......
Form No. 800. Against principal and sureties, on contract for
work
Form No. 801. Against guarantor of mortgage, to recover fore-
closure deficiency
Form No. 802. By surety against principal, for indemnity..
Form No. 803. Against surety, for payment of rent...
Form No. 804. Upon original obligation of a promisor, to repay
moneys advanced to another upon the order
of the promisor, the order itself being lost..
Form No. 805. Against guarantors of a promissory note......
348. Answers
Form No. 806. Defense that guarantor had no notice of non-
payment of note until after insolvency of
maker
1399
1400
1401
1402
1403
1404
1406
1408
Form No. 807. Defense that sureties signed notes without con-
sideration, and at the instance of the plaintiff
only.
Form No. 808. For foreclosure of chattel mortgage. (Common
form.). ...
1410
Form No. 809. To foreclose chattei mortgage for default in
making payments of instalments, and pray-
ing for appointment of receiver...
1411
Form No. 810. For foreclosure of pledge
1413
Form No. 811. To recover for loss of pledge..
Form No. 812. To recover for injury to pledge.
Form No. 813. By pledgeor of note as collateral, against
1414
pledgee .
Form No. 814. For an accounting concerning pledged goods,
and for an injunction restraining the sale of
goods where the amount due is in dispute....
351. Judgment [or decree] ......
Form No. 815. On foreclosure of chattel mortgage and order
of sale, and appointing commissioner.......
352. Annotations .
1415
1417
CHAPTER C.—Bonds and Undertakings, and Actions Thereon.
Form No. 818. Approval of bond, endorsed thereon...
1420
Form No. 819. Oath of officer on qualifying......
Form No. 820. Exception to sureties on [bail] bond.....
Form No. 821. Notice of justification of sureties on [bail]
§354. Forms of procedure where leave to sue an officer of the court
must first be obtained ....
1421
Form No. 822. Petition for permission to bring an action upon
the bond of an executor [or administrator].. 1421
Form No. 823. Order granting leave to sue on the bond of an
executor [or administrator]..
1422
355. Complaints [or petitions]......
Form No. 824. On bond for the unconditional payment of
money. (Common form.).......
1423
Form No. 825. By surviving obligee on joint bond.............
Form No. 826. On bond other than for payment of money..
Form No. 827. On bond for the fidelity of an employee.....
Form No. 828. Against surety company on appeal bond.......
Form No. 829. Undertaking entered into by surety company on
appeal from justice court from judgment
directing payment of money. (Exhibit A to
form No. 828).....
Form No. 830. On appeal bond given in forcible entry and de-
tainer proceedings
Form No. 831. On bond given in replevin...
Form No. 833. Defense of failure of consideration....
§ 357. Annotations
1430
Form No. 832. On supersedeas bond
CHAPTER CI.—Subscription Agreements.
§ 358. Complaints [or petitions] ....
1432
Form No. 834. On a subscription agreement. (In general)....
Form No. 835. On subscription agreement for the building of a
church.
1433
359. Answers
1434
Form No. 836. Defense of denial of execution of subscription
agreement.
Form No. 837. Defense of fraud in obtaining agreement....
Form No. 838. Defense of non-performance of conditions upon
which the subscription was given...?.
CHAPTER CII.-Charter-Party and Maritime Agreements.
§ 360. Complaints [or petitions]
Form No. 839. By ship-owner against charterer, for freight....
Form No. 840. By ship-owner, for damages and demurrage for
failure to load goods on ship.....
Form No. 841. For damages for abandoning voyage.
1435
1436
CHAPTER CIII.-Breach of Promise of Marriage.
§ 361. Complaints [or petitions]
Form No. 842. For breach of promise of marriage..
Form No. 843. For marriage with another....
Form No. 846. Defense alleging bad character of plaintiff..
1437
1438
CHAPTER CIV.-Actions on Judgments.
§ 363. Leave to sue upon a judgment.....
1439
Form No. 847. Notice of motion for leave to sue upon judg-
Form No. 849. Order granting leave to sue upon a judgment..
1441
§ 364. Complaints [or petitions]
Form No. 850. On judgment wholly unpaid. (Common form.)
Form No. 851. On judgment partially satisfied.......
Form No. 852. On judgment for deficiency after foreclosure
Form No. 855. On foreign judgment of inferior tribunal..
§365. Answers
Form No. 856. Defense of payment....
Form No. 857. Defense based upon vacation of judgment......
Form No. 858. Defense that judgment was obtained by fraud..
Form No. 859. Defense of invalidity of foreign judgment......
Form No. 860. Defense of invalidity of judgment against non-
resident .
1444
1445
1446
TITLE XIII.-Actions for Negligence.
CHAPTER CV.—Employers' Liability Cases, and Actions against Employees.
1449
§ 367. Complaints [or petitions]
Form No. 861. By employee against railroad company, for
damages resulting from injuries sustained in
operation of defective machinery...........
Form No. 862. By servant, to recover damages for personal
injuries sustained from negligence of em-
ployer in requiring performance of labor with
which the servant was not familiar...
Under employers' liability act.....
Form No. 863.
Form No. 864.
By employer, for servant's negligence....
Form No. 865. By employer, for repayment of money advanced
for services
Form No. 866. Defense based upon failure of plaintiff to give
notice prescribed by statute as condition
Form No. 867. Denial, and defense of contributory negligence
and assumed risk ...
Form No. 868. Defenses-(1) contributory negligence of plaint-
iff, (2) negligence of
plaintiff.
fellow-servant of
1457
§ 369. Annotations .
1458
CHAPTER CVI.-Negligence of Various Persons Owing a Contractual Duty.
§ 370. Complaints [or petitions] ......
.. 1461
Form No. 869. Against attorney for negligent prosecution of
suit.
1461
Form No. 870. Against attorney, for negligent defense of an
action .
1462
Form No. 871. Against an agent, for carelessly selling to an
insolvent .
1463
Form No. 872. Against an agent, for negligent delay in the
sale of goods
Form No. 873. Against negligent bailee
Form No. 874. Against a physician, for malpractice.
1464
Form No. 875. Against a surgeon, for malpractice..
Form No. 876. For negligence of a dentist......
1465
Form No. 877. For negligence of grocer in selling a dangerous
explosive .
1466
Form No. 878. By servant, for damages caused by vicious
animal
1468
Form No. 879. To recover damages against abstracters of title
for negligence in reporting upon title to real
property.
1469