 | New York (State) - 1881 - 1532 pages
...payment of money only, it is sufficient for the party to deliver the instrument, or a copy of the account to the court, and to state that there is due to him thereupon, from the adverse party, a specified sum, which he claims to recover or to set off. Id.,.subd.... | |
 | West Virginia - Law - 1884 - 994 pages
...it shall be sufficient for the party to deliver the account, note, or other writing to the justice and to state that there is due to him thereon from the adverse party a specific sum, which he claims to recover or set off in the action, IX. A variance between the proof... | |
 | Charles Theodore Boone - Code pleading - 1885 - 598 pages
...unconditional payment of money only, it is sufficient for a party to set forth a copy of the instrument, and to state that there is due to him thereon from the adverse party a spocified sum, which he claims.1 Such an allegation is equivalent to setting forth the instrument,... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...instrument for the'pav;v only, it is sufficient for the party to deliver the instrument, the account to the court, and to state that there is due to him om the adverse party, a specified sum, which he claims to set off. he court may, upon the request of... | |
 | Civil procedure - 1887 - 814 pages
...payment of money only, it is sufficient for the party to deliver the instrument, or a copy of the account to the court, and to state that there is due to him thereupon, from the adverse party, a specified sum, which he claims to recover or to set off. § 2942.... | |
 | Law reports, digests, etc - 1907 - 1210 pages
...487; Burke v. Ashley, 12 Hun, 637. See, also, Neg. Inst. Law, § 36. In so far as the plaintiff fails to "state that there is due to him thereon from the adverse party a specified sum which he claims" by virtue of the instruments above quoted, the complaint probably fails to satisfy- the requirements... | |
 | Law reports, digests, etc - 1899 - 1216 pages
...payment of money only, the party may set out a copy of such Instrument, and state that there is due him thereon from the adverse party a specified sum, which he claims. 8. SAME— CONSIDERATION OF CONTRACT. Consideration for a contract of insurance was sufficiently alleged... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1889 - 768 pages
...a copy of the VOL. 73 — 32 Dunbar and another vs. The Phenix Ins. Co. of Brooklyn, NY instrument, and to state that there is due to him thereon, from...adverse party, a specified sum, which he claims," a complaint which set out the copy of the instrument, without a copy of the signature of the defendant... | |
 | Law reports, digests, etc - 1889 - 1240 pages
...the payment of money only, it shall be sufficient for the party to give a copy of the instrument, and state that there is due to him thereon, from the adverse party, a specified sum, which he claims," that a complaint which set out the copy of the instrument, without a copy of the signature of the defendant... | |
 | Law reports, digests, etc - 1889 - 1086 pages
...an instrument for the payment of money only, the party may set forth a copy of the instrument, and state that there is due to him thereon, from the adverse party, a specified sum which he claims." Charles E. Hall, for motion. A. Paigelow, contra. МсАплм, С. J. If the complaint had alleged... | |
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... state that there is due to him thereon from the adverse party a specified sum, which he claims to recover or set off. 
