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interests, and not by collusion with the defendants, or either or any of them.
Wherefore the plaintiff demands that the said defendants may be required to interplead together, and settle their conflicting claims, and that it may be adjudged to which of said defendants, respectively, the said property and merchandise belongs, and in what proportions, and that said plaintiff may be absolved from all claims and liabilities in respect thereto; and that said defendants, and each of them, may be restrained from taking possession of said property, or any part thereof, or from commencing any action against the plaintiff in respect thereto; and that a receiver ? may be appointed by the court, with the usual powers, to take possession of said goods and merchandise, pending the litigation, and until the further order of the court, and for such other or further relief as to the court shall seem proper, with costs of action, to be charged on the property in dispute, or which shall come to the hands of such receiver.
1 As to the necessity of inserting these allegations, see opinion of the court, in Beck v. Stephani ( 9 How., 197.) It matters not in what capacity the plaintiff has incurred the debt, liability, &c., whether as stockholder or tenant, or an ordinary agent or public officer, or as an accidental recipient of the property. He has a right to claim the intervention of the court for his complete indemnification and relief. (Ibid.) But if he has parted with the property, he cannot sustain an interpleading bill upon an undertaking to pay over the value to the party entitled. (1 Mer., 405; 2 Ves. & B., 334. )
% This seems to be the proper prayer, in case tangible property, other than money, is the subject of the suit. (Beck v. Stephani, 9 How., 193.) If the subject of the suit is money in the plaintiff's hands, he must bring it into court; or, if money to become due, he must offer to bring it into court, and must so allege in his complaint. ( Story's Eq. Pleadings, $ 291.)
Supplemental complaint, making an additional party defen
dant and alleging facts as to such defendant of which plaintiff was ignorant when his former pleading was made. The original complaint is given ante, No. 24.
SUPERIOR COURT OF THE CITY OF NEW-YORK.
Benjamin F. Hunt
agt. William Mootry and Jane B. Mootry his wife.
Benjamin F. Hunt, plaintiff, by way of supplement to the complaint herein, by leave of the court for that purpose first had, complains and alleges :
First. That thiş action was commenced against William Mootry alone, on the 7th day of November, 1855, by the personal service of the-summons and complaint, as the plaintiff is informed and believes, to which complaint the plaintiff refers as if the same were herein repeated, and as part of this supplemental complaint.
Second. That on or about the 6th day of December, 1855, the said William Mootry put in his answer, in which he claims, among other things, that Jane B. Mootry, the wife of the said William Mootry, has, ever since February
1 The complaint is made under section 177, of the Code. A supplemental complaint is also allowed and necessary, by section 121, in case of death, marriage or other disability of a party to continue the action, after one year, by or against his representative or successor in interest. The precedent given may be readily adapted to the case of a supplemental complaint under section 121. As to the nature and form of a supplemental complaint, and what it should contain. (See Pleadings 378 383.)
or March, 1854, held and possessed the paintings mentioned in the complaint as her own property, free from all control or interference by or on the part of her husband, and that the same are not in his possession or under his control, which claim, the plaintiff insists, is wholly unfounded in law and fact..
Third. That until the said answer the plaintiff was ignorant of the said claim of the said Jane B. Mootry.
Wherefore the plaintiff demands judgment, as in the original complaint demanded, and that the defendants and each of them restore the said paintings to the plaintiff; and that a receiver may be appointed by the court to take the custody and immediate possession thereof, during the pendency of this action, and that in the mean time the defendants and each of them be enjoined from disposing of, destroying, cutting, mutilating, injuring, concealing or removing out of the jurisdiction of this court the said paintings or any of them.
FIELD & SLUYTER,
CITY AND COUNTY OF NEW-YORK, 88.: Benjamin F. Hunt, the plaintiff, being sworn, saith that the foregoing complaint is true of his own knowledge, except as to the matters therein stated on his information and belief, and that as to those matters he believes it to be true
BENJ. F. HUNT. Sworn December 11th, 1855, before me.
Commissioner of Deeds. 45
COMPLAINTS IN COMMON LAW ACTIONS.
(1.) ON INSTRUMENT FOR PAYMENT OF MONEY UNDER SECTION
162 OF THE Code.'
On a note or bond, for payment of money only, between the
SUPREME COURT - RENSSELAER COUNTY.
The plaintiff complains of the defendants, that they jointly and severally executed to him a promissory note (or bond, &c., &c.), of which the following is a copy: [Set forth the note, bond or other written instrument.]
And the plaintiff states, that there is due to him thereon, from the defendants, the sum of $506, with
? By section 162, a complaint on a written instrument, for the payment of money only, is sufficient if it set forth a copy of the instrument, with a statement of the amount due thereon for which the plaintiff demands judgment. As to cases in which this form of complaint can properly be used, see note to No. 3, post, p. 358; also Pleadings, 226 to 233; Marshall v. Rockwood, 12 How., 453.
interest from the day of, &c., for which he demands judgment, with costs of action.
Plaintiff's Attorney. Verification by Party.
RENSSELAER COUNTY, 88: A. B., the abovenamed plaintiff, being duly sworn, says, that the foregoing complaint is true of his own knowledge, except the matters therein set forth on information and belief, and as to those matters he believes it to be true.
A. B. Subscribed and sworn before me, this 1st day of December, 1856.
[Or the following more concise form may be used.]
SUPREME COURT — WASHINGTON COUNTY.
agt. C. D.
The plaintiff alleges, that there is due him, from the defendant in this action, the sum of $500, with interest from, &c., for which he demands judgment, with costs, on a promissory note, of which the following is a copy: [Set forth copy of note.]
Verification by Attorney.
WASHINGTON COUNTY, 88: E. F., being duly sworn, says, that he is attorney for the plaintiff in the above entitled