Estee's Pleadings, Practice and Forms: In Actions Both Legal and Equitable Under Codes of Civil Procedure. Forms in Actions ; in Special Proceedings ; in Provisional Remedies ; and of Affidavits, Notices, Etc., Etc, Volume 1

Morris March Estee

Bancroft, 1878 - Civil procedure

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Title Page

Table of Contents

Index

PART FIRST	17

CHAPTER III	42

In general	46

Assignment subject to equities	80

Parties defendant	92

Parties DefendantContinued PAGE	95

FORM	99

Different parties in one action	105

Against bank drawee having certified	426

CHAPTER III	427

Joint maker of a note against the other for contribution	428

Payee against maker	429

On two notes one partly paid	435

On a note signed by an agent	436

On a note made by partners	437

On a note wrongly dated	438

Of what pleadings consist	114

No	120

Material averments	122

Mode of stating facts	129

PleadingsContinued PAGE What a demurrer admits	138

What a want of verification admits	139

Effect of admissions	140

Between pleadings and proof	141

CHAPTER II	144

Where some of the parties are unknown	146

By and against corporations	147

Title and commencement	148

Clerks certificate to copy of complaint	149

Answer	150

CommencementDefendant sued by a wrong name	151

By husband and wife	152

Caption of papers used in probate courts	153

Certificate of clerk to affidavit	155

Jurat where deponent is blind or illiterate	156

Verification by sole plaintiff or sole defendant	159

By one of several plaintiffs or defendants	160

By officer of corporation	161

Where the facts are within his personal knowledge	162

CHAPTER VII	165

Third subdivisionDemand for relief	199

FORM PAGE	209

Against corporation formed under act relative to roads	216

By a county	222

Individual creditor against individual stockholder	228

CHAPTER IV	234

CHAPTER V	242

Against a married woman as sole trader	249

FORM PAGE No 66 By guardian of an insane person	253

Against the same	254

CHAPTER VIII	255

Against partnersAverring partnership	258

CHAPTER IX	260

By sheriff suing in aid of attachment	261

For neglecting to return executions	263

For neglecting to pay over moneys	265

For false return	267

For seizing a vessel	268

For an escape	269

CHAPTER X	272

The sameAppointed in supplementary proceedings	276

The sameSetting out proceedings at length	277

By receiver of dissolved corporation	279

FORMS OF COMPLAINTS SUBDIVISION SECOND IN ACTIONS FOR DEBT CHAPTER I	282

By an assignee	284

On an account stated	285

For a general balance of account	287

Upon an account for services	288

FORM Account for ServicesContinued PAGE No 91 By carrier against consignor for freight	289

By editor for services	290

For services and materials furnished	291

CHAPTER II	292

On an award of an umpire	296

CHAPTER III	297

Upon compromise of action	298

On promise of third person to pay money to plaintiff	299

On a promise to pay for the surrender of a lease	300

For the purchasemoney of lands conveyed	301

CHAPTER IV	303

The same Short form	304

For goods sold and delivered at a fixed price	305

At a reasonable price	306

By assignee for stock fixtures and good will	307

For goods delivered to a third partyPrice fixed	308

For goods sold but not deliveredPrice fixed	309

On an agreement to be answerable for the price of goods sold	312

Against guarantor of mortgage for deficiency after foreclosure	313

On a guaranty of precedent debt	316

CHAPTER VI	318

Where plaintiff purchased the property after insurance	321

CHAPTER VII	334

Of an inferior tribunal	340

136	346

141	352

147	359

For money paid to a third party at defendants request	361

To recover back freight on failure of carriage	370

165	376

CHAPTER XIII	382

181	388

CHAPTER XIV	392

UPON WRITTEN INSTRUMENTS FOR THE PAYMENT OF MONEY ONLY CHAPTER I	398

On a bond for the payment of money only	403

By surviving obligee on joint bond	404

Payee against acceptor	407

On bill not negotiated	409

Acceptor without funds against drawer	410

The sameCopartnership firm against copartnership firm	411

The sameBill payable at specific date	412

Partners payees against partners acceptors	413

Payee against acceptorShort form	414

Pleading the legal effect	415

Where drawer is also acceptor on bill drawn on himself	416

Payee against drawer and acceptor	417

IndorseeFirst indorsee against acceptor	418

Against first indorser	419

Against all prior parties	420

Against first indorser	421

Against all prior parties	422

FORM PAGE No 219 ChecksPayee against drawer	423

Indorsee or bearer against drawer	425

Against surviving maker	439

Against maker and indorser	440

IndorseeFirst indorsee against maker	441

Against first indorser	442

Against maker and first indorser	446

Against maker on note drawn to makers order	447

Against first indorser	448

Against all prior parties	449

By treasurer of unincorporated company on note payable to former treasurer	451

On a note payable on a contingency	452

On a note payable in chattels	453

On guarantiesAgainst maker and guarantor of note	454

FORMS OF COMPLAINTSSUBDIVISION FOURTH FOR DAMAGES ON BREACH OF CONTRACT CHAPTER I	457

Against builder for defective workmanship	461

COMPLAINTS ON CHARTER PARTIES FORM PAGE No 253 Owner against freighter for not loading	463

Charterer against owner for deviation from contract and aban donment of voyage	466

Ship owner against charterer for freight	467

CHAPTER III	468

The sameAnother form	471

By assignee of grantee against previous grantor	472

By devisee of covenantee against the same	473

Warranty as to quantity	474

The sameWhere deed expressed specific incumbrance	477

On a covenant of seisin or of power to convey	478

Grantees covenant to build	480

On covenant against nuisancesGrantor against grantee	481

On a continuing covenant to maintain a fence	482

Lessee against lessor for not keeping premises in repair	485

For not completing building according to agreement	486

CHAPTER IV	488

Where employment never took effect	489

By the master against father of apprentice	490

By the apprentice against the master	491

For refusal to accept manufactured goods	492

CHAPTER V	493

Against sureties on partners bond of indemnity	497

Surety against principal on indemnity against liability	498

Subtenant against immediate lessor	500

FORM PAGE No 285 For refusal to marry	502

For marriage with another	504

The same on contract made by broker	509

The same for not returning goods or paying for them in a reasonable time	510

The same for not giving security according to conditions of sale at auction	511

By manufacturer for goods made at defendants request and not accepted	513

For breach of promise by purchaser of good will not to carry on rival trade	514

Buyer against seller for not delivering goods sold	515

For not delivering within a specified time	516

Allegation of part payment	518

Against seller of stock for nondelivery	519

CHAPTER VIII	520

The same for damage for not executing conveyance	522

Vendor against purchaser for breach of agreement to purchase	523

The sameFor not fulfilling agreement and for deficiency on resale	524

Vendor against executor of purchaser	525

CHAPTER IX	526

For costs of appeal	529

For costs and damages on an arrest	531

For costs and damages on attachment	533

To procure discharge of an attachment	534

In claim and delivery	536

In injunction	538

On a bond or undertaking condition only set forth	539

FORM PAGE	540

CHAPTER X	548

On a warranty of a note	554

Assault and false imprisonment	560

The words not being libelous in themselves	569

FORM LibelContinued PAGE No 334 By a physician	573

Charge of dishonesty etc in business	574

Accusing plaintiff of perjury in his answer to a complaint	575

For a libel not directly accusing the plaintiff of larceny	576

For libel by signs	577

Words spoken in a foreign language	581

The words not being actionable in themselves	582

Respecting plaintiffs trade	583

Charging a criminal offense	585

Actionable language	586

SlanderFor words directly charging perjury	587

The same containing special inducements	588

CHAPTER IV	589

The same fuller form	593

For procuring plaintiff to be indicted	594

Where judgment of acquital was rendered	596

For malicious arrest in a civil action	597

CHAPTER V	599

Against common carriers for overturning stage coach	600

357	602

The sameBy car running off track	604

For injuries caused by negligence on a railroad in omit ting to give signal	605

By a steamboat explosion	606

For injuries to an engineer of a railroad company caused by a collision	607

Said company having used a condemned locomotive	609

By executor or administrator against a railroad company for injuries causing death	611

Against a municipal corporation for injuries caused by leav ing the street in an insecure state	614

For injuries caused by rubbish in the street whereby plaintiff was thrown from his carriage	617

Another form	618

For injuries caused by vicious dog	619

Against physician for maltreatment	620

Against surgeon for malpractice	621

CHAPTER VI	622

For criminal conversation	623

For debauching a daughter	624

For seduction of plaintiffs daughter or servant	626

For seduction by female seduced	627

Other editions - View all

Estee's Pleadings, Practice and Forms: In Actions Both Legal and ..., Volume 1
Morris March Estee
Full view - 1878

Common terms and phrases

23 Barb 9 Cal administrator aforesaid agent agreement alleges amount appointed assignment assumpsit averment award Bank Barb bill bond Bosw breach California cause of action Chitt chose in action Civil Code claim Code C. P. common law complaint consideration contract copy corporation covenant Cranch creditor debt defendant delivered delivery Demand of Judgment demurrer District Court dollars Duer duly E. D. Smith equity execution executor facts fendant guaranty guardian held husband indorsed injury interest Johns joined jurisdiction letters testamentary liable maintain an action ment misjoinder mortgage N. Y. Code necessary notice paid partners party payable payment performance person plaint plaintiff complains pleading possession Probate Court proceedings promise to pay promissory note received recover Sandf Seld sheriff sold statute stockholder sued sufficient suit sureties thereof tion TITLE tort trustee verified Wend wife

Bibliographic information

Title	Estee's Pleadings, Practice and Forms: In Actions Both Legal and Equitable Under Codes of Civil Procedure. Forms in Actions ; in Special Proceedings ; in Provisional Remedies ; and of Affidavits, Notices, Etc., Etc, Volume 1 Volume 1 of Estee's Pleadings, Practice and Forms, Morris March Estee Volume 1 of Estee's Pleadings, Practice and Forms: In Actions Both Legal and Equitable Under Codes of Civil Procedure, John Haynes (Lawyer) Estee's Pleadings, Practice and Forms: In Actions Both Legal and Equitable Under Codes of Civil Procedure. Forms in Actions ; in Special Proceedings ; in Provisional Remedies ; and of Affidavits, Notices, Etc., Etc, John Haynes
Author	Morris March Estee
Edition	2
Publisher	Bancroft, 1878
Original from	UC Southern Regional Library Facility
Digitized	2 Feb 2015

Export Citation	BiBTeX EndNote RefMan

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