pledged or subscribed under said agreement, and by bona fide subscribers thereto, before the defendant should be called upon to pay the amount of said subscription or any part thereof; that said fund of $ [or state the condition] has never been subscribed or pledged under said or any agreement for the purpose thereof by bona fide subscribers thereto, or otherwise. [Etc.] As to action to collect unpaid stock subscriptions, see annotations to ch. XXXVIII, par. 21. CHAPTER CII. Charter-Party and Maritime Agreements. $ 360. Complaints [or petitions]... Form No. 839. By ship-owner against charterer, for freight.. ...... $ 360. COMPLAINTS [OR PETITIONS]. FORM No. 839-By ship-owner against charterer, for freight. [Title of court and cause.] Page 1435 1435 1436 1436 The plaintiff complains of the defendant, and alleges: day of 19, at the 1. That on or about the plaintiff and defendant agreed by charter-party, that the plaintiff's ship, called should with all convenient speed sail to and that the defendant should there load her with a full cargo of delivered on payment by the defendant to the plaintiff of freight at per ton, payable as follows: [State terms of payment.] $ 2. That thereafter the said ship accordingly sailed to aforesaid, and was there loaded by the defendant with a full cargo of lawful merchandise, and the plaintiff carried the said cargo in said ship aforesaid, and there delivered the same to the defendant, and otherwise performed all the conditions of said contract on his part. to 3. That said freight amounted in the whole to the sum of $ 4. That said sum has not been paid, nor any part thereof; that the whole thereof remains due and payable from the defendant to the plaintiff. [Concluding part.] FORM No. 840-By ship-owner for damages and demurrage for failure to load goods on ship. and defendant agreed by charter-party that the defendant should said charter-party that defendant should have days for load days for demurrage, if per day. desired by him, or, if required, at the rate of $ 2. That at the time fixed by said agreement the plaintiff had said. ship at said port, and was ready and willing and offered to receive said merchandise from the defendant, and plaintiff, at the instance of defendant, held said vessel at said port for a period of days. 3. That the period allowed for loading and demurrage under said charter-party has elapsed, but the defendant has not delivered, or offered to deliver, said or any merchandise to said vessel; that thereby, in addition to demurrage, at the rate of $ said, for said period of per day as aforedays, no part of which has been paid, plaintiff has been damaged in the sum of $ may be specified.] [Here damages for demur A. B., Attorney for plaintiff. 4. Wherefore, the plaintiff prays judgment for $ rage aforesaid, and for $ additional as damages. [Verification.] FORM No. 841—For damages for abandoning voyage. [Title of court and cause.] 1. That on or about the The plaintiff complains of the defendant, and alleges: plaintiff and defendant agreed by charter-party that the defendant's ship, called the then at should sail to or so near there as she could safely get with all convenient speed, and there or other lawful merchandise, from the load a full cargo of factors of the plaintiff, and carry the same to deliver the same on payment of freight. and there 2. That the plaintiff duly performed all the conditions of the contract on his part to be performed. 3. That the said ship, the did not with all convenient speed sail to or so near thereto as she could safely get; but that the defendant caused the said ship to deviate from her said proposed voyage, and to abandon the same to the damage of the plaintiff in the sum of $ Form No. 842. For breach of promise of marriage.. 1437 1438 Form No. 846. Defense alleging bad character of plaintiff. 1438 $361. COMPLAINTS [OR PETITIONS]. FORM No. 842-For breach of promise of marriage. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: of the promise of the plaintiff, being then unmarried, to marry the defendant on request [or at a date certain], the defendant promised to marry the plaintiff within a reasonable time [or on the 2. That the plaintiff, confiding in said promise, has ever since been [or was on said date] ready and willing to marry the defendant. 3. That although a reasonable time elapsed before this action was commenced [or although she on the 19 re quested him so to do], yet the defendant neglects and refuses to marry the plaintiff, to her damage in the sum of $ [Concluding part.] FORM No. 843—For marriage with another. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1,2. [As in preceding form.] 3. That the defendant, contrary to his [her] said promise, afterwards married a certain other person, to wit, one C. D. [Or, That at the time of making said promise, the defendant represented to the plaintiff that he [she] was unmarried, whereas he [she] was then in fact married to another person, of which fact the plaintiff had no knowledge.] [Etc.] $362. ANSWERS. FORM No. 844-Denial of promise. [Title of court and cause.] The defendant answers to the plaintiff's complaint [or petition]: Defendant denies that he ]she] ever at any time promised to marry the plaintiff. [Etc.] FORM No. 845-Denial of breach. [Title of court and cause.] [After introductory part:] The defendant denies that he at any time refused to marry the plaintiff, but, on the contrary, alleges that on or about the of day 19 he offered to marry the plaintiff, and ever since said date has been, and now is, ready and willing to marry the plaintiff. [Concluding part.] FORM No. 846-Defense alleging bad character of plaintiff. [Title of court and cause.] The defendant answers the plaintiff's complaint [or petition], and alleges: 1. That at the time of making the promise, as therein alleged, the plaintiff was unchaste [or habitually intemperate], but the same was then unknown to the defendant. 2. That as soon as he was informed thereof he refused to marry the plaintiff. [Etc.] Form of complaint in an action for breach of promise of marriage: Lahey v. Knott, 8 Ore. 198, 199. A suit for breach of a marriage contract is ex contractu, and not ex delicto, although it partakes somewhat of the characteristics of the latter: Broyhill v. Norton, 175 Mo. 190, 74 S. W. 1024; Sperry v. Cook, 138 Mo. App. 296, 120 S. W. 654, 656. CHAPTER CIV. §363. Leave to sue upon a judgment...... Form No. 847. Notice of motion for leave to sue upon judg Page 1439 ment . 1439 .... Form No. 848. Affidavit accompanying application for leave to 1440 Form No. 849. Order granting leave to sue upon a judgment.. 1441 $364. Complaints [or petitions]..... 1441 Form No. 850. On judgment wholly unpaid. (Common form.) 1441 1442 Form No. 854. On foreign judgment of court of general juris .... Form No. 855. On foreign judgment of inferior tribunal... §365. Answers . Form No. 856. Defense of payment 1444 1445 1445 Form No. 857. Defense based upon vacation of judgment.... 1445 1445 1446 Under jurisdictions where leave to sue upon a judgment must first be granted by the court, the forms Nos. 847 to 849 may be used. FORM No. 847-Notice of motion for leave to sue upon a judgment. [Title of court and cause, etc.] To C. D., attorney for defendant: Take notice, that a motion will be made at [a special] term of this |