made their promissory note in writing, in the words and figures following, to wit: [Here follows copy.] 2. That the defendants [thereupon] delivered the said note to the payee thereof, who afterwards, on the same day, [assigned and] endorsed in writing, and delivered the same to the plaintiffs, who ever since have been, and still are, the holders, and entitled to the payment thereof. 3. That the said note is due and payable, and payment thereof was demanded on the day the same became due, and often thereafter, but to pay the same or any part thereof the defendants have hitherto refused, and still do refuse. [Concluding part.] FORM No. 748-By partners on protested promissory note. (In Hartzell v. McClurg, 54 Neb. 316; 74 N. W. 626.) [Title of court and cause.] The plaintiffs complain of the defendant, and allege: tion, that on ; 19 1. That plaintiffs are partners, and doing business under the firm name of and for a valuable consideradefendant, executed and delivered to plaintiffs his promissory note in writing, wherein and whereby he, defendant, promised to pay to plaintiffs' order the sum of $ interest thereon from date until paid. on day of 19 with 19 the 2. That afterwards, to wit, on the plaintiffs, for a valuable consideration, sold and discounted said note; that at the maturity thereof the owners, in the usual course of business, caused said note to be presented at the National Bank, the place of presentation thereof for payment, and payment thereof was then and there by defendant refused; that said note was, by reason of the neglect and refusal of the defendant to pay the same, thereafter duly protested, at the cost of $ for protest fees; that said note is wholly due and payable, and defendant wholly neglects to pay the same, or any part thereof. Wherefore, plaintiffs pray judgment against defendant [etc.; including in the demand, besides the principal sum, protest fees and costs]. [Signatures, etc.] Jury's Pl.-87. FORM No. 749-On note signed by agent. [Title of court and cause.] 1. That on the The plaintiff complains of the defendant, and alleges: by his agent [or his attorney in fact], duly authorized, made his promissory note, and thereby promised to pay to the plaintiff [or his order] $ months after said date. 2. [Same as paragraph 3, form No. 735.] Wherefore, the plaintiff prays judgment [etc.]. FORM No. 750-Action upon a promissory note executed by an agent of a partnership. 1 (In Redemeyer v. Henley, 107 Cal. 175; 40 Pac. 230.) 1 [Title of court and cause.] Plaintiff complains of defendants, and for cause of action alleges: 1. That the defendants, Whitcombe Henley, Barclay Henley, and Thomas B. Henley, are now, and at all times herein named have been, partners doing business in the county of Mendocino, state of California, under the firm name and style of W. Henley & Bros. 2. That on the 15th day of April, 1893, the defendants, by their agent, W. Henley, thereunto duly authorized, made and executed. their certain promissory note in writing, of which the following is a copy, to wit: [Here follows copy], and then and there delivered the same to plaintiff, who is now the lawful owner and holder thereof. 3. That the said promissory note has not been paid, nor any part thereof, nor any part of the interest thereon, but the whole amount thereof, to wit, the sum of $1,601.60, with interest thereon from the 15th day of April, 1893, at the rate of ten per cent per annum, still remains due and owing to this plaintiff from defendants. [Concluding part.] 1 The substance of an objection made to this complaint (corrected in this form) was that it did not show authority to make the note, because such authority was not expressly alleged nor implied in any of the express allegations. The court, however, held that such authority is sufficiently implied in the express allegation that "defendants, Whitcombe Henley, Barclay Henley, and Thomas B. Henley, partners doing business under the firm name of W. Henley & Bros., by their agent, W. Henley, made and executed" the note. The truth of this allegation is admitted by a default: Redemeyer v. Henley, 107 Cal. 175, 177, 40 Pac. 230. FORM No. 751—Upon a joint and several promissory note. (In Rhodes v. Hutchins, 10 Colo. 258; 15 Pac. 329.) [Title of court and cause.] [After introductory part:] 1. That the defendants are indebted to the plaintiffs on a certain promissory note payable to the plaintiff or order, of which the following is a copy: [Copy of note inserted]; that there are no credits or endorsements thereon. 2. That there is due and owing the plaintiff from defendants on said note the sum of $1,050, and interest thereon from December 3, 1881. 3. That defendants have not, nor has either of them, ever paid the sum of money above mentioned, or any part thereof. [Concluding part.] FORM No. 752-On note executed in another state. (In Minneapolis Harvester Works v. Smith, 36 Neb. 616; 54 N. W. 973.) [Title of court and cause, etc.] Now comes the plaintiff in the above-entitled cause and complains a corporation duly organized under the laws of Minnesota. 2. That the defendant on the certain promissory note at day of 19, made his Minnesota, and delivered the same to the plaintiff. Said note is hereto attached, marked "Exhibit A," and made a part of this petition. 3. That by the laws of the statute provides that an action of debt on a promissory note may be commenced within ten years. from the time the cause of action accrues. 4. That the defendant had resided in the state of since the giving of said note, and prior to the commencement of this action, for the space of three years. 5. That said note has not been paid, nor any part thereof, and there is now due and payable thereon the sum of $ interest at the rate of [Concluding part.] with [Copy of note attached as exhibit.] FORM No. 753-By payee of bill against acceptor for non-payment. [Title of court and cause.] 1. That on the The plaintiff complains of the defendant, and alleges: made and executed to the plaintiff his certain bill of exchange, in writing, of that date, a copy of which is here set forth: [Copy of bill.] 2. That thereafter, to wit, on the defendant accepted said bill. 3. [Same as paragraph 3, form No. 735.] [Concluding part.] day of 19 the FORM No. 754-By payee of bill against drawer after non-acceptance. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. [Allegation of execution of bill, as in form No. 753.] 2. That said bill was duly presented to the said [drawee] for acceptance, but was not accepted, and that due notice thereof was given to the defendant. 3. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 755-For non-payment of bill payable on specific date. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. That, on the day of 19 at the defendant made and delivered to the plaintiff his bill of exchange in writing of that date, directed to one C. D., and thereby required the said C. D. to pay to the order of the plaintiff $ on the day of 2. That said bill was duly presented to the said C. D. for payment, but was not accepted or paid, and that due notice thereof was given to the defendant. 3. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 756-By assignee of bill payable out of particular fund. [Title of court and cause.] day of , 19, at The plaintiff complains of the defendant, and alleges: 1. That on the one C. D. made, executed, and delivered to one E. F., his bill of exchange or order, in writing, of that date, and directed the same to the defendant, and thereby required the defendant to pay to said E. F., out of the proceeds of [state fund as in the bill], $ days after the date thereof, for value received. day of 19 at , upon sight 2. That on the thereof, the defendant accepted the same, payable when in funds, from the proceeds of [etc., as in acceptance]. day of 19 at 3. That on the said E. F. duly assigned said bill to the plaintiff, and that the plaintiff is now the owner and holder thereof. had funds of the said C. D., proceeds of [etc., as stipulated in acceptance]. duly demanded payment thereof from the defendant. 6. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 757-By payee against drawee and acceptor. [Title of court and cause.] The plaintiff complains of the defendants, and alleges: Y. Z. made and delivered to the plaintiff his bill of exchange in writing of that date, and directed it to the defendant W. X. [acceptor], and thereby required the said W. X. to pay to the plaintiff $ days after the date thereof [or otherwise, as the case may be], for value received. day of 2. That on the 19 the defendant W. X., upon sight thereof, accepted the said bill. [Copy of bill and acceptance.] 3. That the same was duly presented to the defendant W. X. for payment at maturity, but was not paid, notice of which was duly given to the defendant Y. Z. 4. [Same as paragraph 3, form No. 735.] [Concluding part.] |
