FORM No. 758-By payee, on bill accepted for honor. [Title of court and cause.] day of 19 the defendant C. D. The plaintiff complains of the defendant, and alleges: 1. That on the [drawer] made and delivered to the plaintiff his bill of exchange in writing, of that date, directed to one E. F., and thereby required the said E. F. to pay to the plaintiff $ days after the date thereof [or otherwise, as the case may be]. [Insert copy of bill and acceptances.] day of 2. That on the 19 it was duly presented to the said E. F. for acceptance, but was not accepted, and notice thereof was given to the defendant C. D. day of ,19 at 3. That on the the defendant G. H. [acceptor for honor], upon sight thereof, accepted said bill for the honor of said C. D. 4. That the same was duly presented for payment, at maturity, to the said E. F., but was not paid, notice of which was given to the defendant C. D. 5. That thereupon the same was duly presented to the defendant G. H. [acceptor for honor], for payment, but was not paid, notice of which was given to the defendant C. D. 6. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 759-By first endorsee of bill against acceptor. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: his bill of exchange in writing of that date, and thereby required the defendant to pay to the order of one E. F., $ sight thereof, a copy of which is here set forth: [Insert copy.] days after 19 the defendant accepted said bill, and thereafter the said E. F. endorsed the same to the plaintiff. 3. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 760-By endorsee of bill against first endorser. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. That on the day of 19 at one C. D. made his bill of exchange in writing of that date, and thereby required one E. F. to pay to the order of the defendant $ thereof. after sight 2. That the defendant endorsed the said bill to the plaintiff, and the same was accepted by the said E. F. on the day of [Insert copy of bill, endorsement, and acceptance.] 19, at duly presented to due notice was given to the defendant. 4. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 761-By remote endorsee against drawer and endorser for non acceptance. [Title of court and cause.] The plaintiff complains of the defendants, and alleges: [drawer], by his bill of exchange, in writing, of that date, required one C. D. to pay to the order of one E. F. $ the date thereof [or as the case may be]. days after 2. That the said G. H. [drawer] then and there delivered the same to the said E. F., who then and there endorsed it to the defendant L. M. the defendant L. M. endorsed the same to the plaintiff for value. The following is a copy of said bill and the endorsements thereon: [Copy.] 4. That the said bill was duly presented to C. D. [drawee] for acceptance, but was not accepted, due notice of which was given to the defendants. 5. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 762-By subsequent endorsee of bill against first endorser. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: days after sight his bill of exchange in writing, of that date, requiring one G. H. to pay to the order of the defendant $ thereof [or as the case may be]. 2. That the defendant endorsed said bill to one E. F., and the same was accepted by G. H. on the day of day of 19 at 19 at 3. That the same was by the endorsement of E. F. transferred to the plaintiff, and on the was presented to the said G. H. for payment, but was not paid, due notice of which was given to the defendant. 4. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 763-By subsequent endorsee of bill against intermediate en dorser. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: days after sight his bill of exchange, in writing, of that date, and thereby required one E. F. to pay to the order of G. H. $ thereof [or as the case may be]. 2. The said bill was endorsed by the said G. H. to the defendant, and by the endorsement of the defendant [and others], the same was transferred to the plaintiff. 3. [Allegation of presentment, non-payment, and notice, as in preceding form.] 4. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 764-By subsequent endorsee of bill against last endorser. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: his bill of exchange, in writing, of that date, and thereby required one E. F. to pay to the order of G. H. $ thereof [or as the case may be]. days after sight 2. That the said bill was endorsed by said G. H. to the defendant, and the same was endorsed by the defendant to this plaintiff. duly presented to the said E. F. for payment, but was not paid, due notice of which was given to the defendant. 4. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 765-By first endorsee of bill against all prior parties. [Title of court and cause.] The plaintiff complains of the defendants, and alleges: C. D. made his bill of exchange, in writing, of that date, and thereby requested E. F. to pay to the order of the defendant G. H. $ days after the date thereof. 2. That the said C. D. then and there [or thereafter] delivered the same to the said G. H., who thereupon endorsed it to the defendant L. M., who endorsed it to the plaintiff for value on the day 4. That the same was duly presented to the defendant E. F. for payment at maturity, but was not paid, of which due notice was given to the defendants C. D., G. H., and L. M. 5. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 766-By subsequent endorsee against all prior parties. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: C. D. made his bill of exchange, in writing, of that date, and thereby required the defendant E. F. to pay to the order of the defendant G. H. $ 2. That on the days after sight thereof. the said E. F., and endorsed by the said G. H. to the plaintiff. day of 19 the same was duly pre 3. That on the sented to the said E. F. for payment, but was not paid, of which due notice was given to the other defendants, and to each of them. 4. [Same as paragraph 3, form No. 735.] [Concluding part.] FORM No. 767-Action against a bank upon acceptance, followed by refusal to pay check. [Title of court and cause.] Plaintiff complains of defendant, and for cause of action alleges: 1. [Aver incorporation of defendant.] in writing, bearing date on that day, and directed it to the defendant, and delivered the same to this plaintiff for value, which check was in the words and figures following, to wit: [Insert copy.] 3. That thereafter, and on the day of 19 the defendant, in writing, accepted said check and promised to pay the same. day of 4. That thereafter, on the 19 , plaintiff presented said check to the defendant at its said place of business for payment; that said bank then refused, and ever since has refused, to pay the same, or any part thereof, and the same is wholly due, payable, and unpaid from defendant to plaintiff. Wherefore, plaintiff prays judgment against the defendant for the the amount of said check, and interest thereon from 19 and for plaintiff's costs of suit. sum of $ the day of [Verification.] A. B., Attorney for plaintiff. FORM No. 768-Action upon an accepted and assigned draft. [Title of court and cause.] Now comes the plaintiff above named and complains of defendant, and for cause of action alleges: 1. That heretofore, to wit, on the 16th day of September, 1904, defendant, George Frank, doing business as George Frank & Co., for value, accepted at San Jose, Santa Clara County, state of California, a draft in favor of W. C. Kennedy for $2,538.12, which said draft and the acceptance thereof and endorsements thereon are as follows, to wit: [Here follows copy of draft with endorsements of partial payments, acceptances, etc.] |
