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( No. 39.)

For a general balance of an account.

day of

day of

Title of the Cause.

The plaintiff complains of the defendant:

That the defendant is indebted to him in the sum of $4, for the balance of an account between plaintiff and defendant, commencing on the — and ending on the —

that is to say, various items of goods, consisting mainly of groceries, sold and delivered by the plaintiff to the defendant between the dates aforesaid; for personal service and labor, at various times between the dates aforesaid, rendered by the plaintiff to defendant as an accountant or book-keeper ; for commissions of plaintiff on the sale for defendant of various articles of farm produce between the dates aforesaid; and for moneys paid by plaintiff for defendant, on account for storage, freight and transportation of said produce, between the dates aforesaid; the whole value of which several items and aggregate of said account is the sum of $—, on which the defendant has paid the sum of $—, leaving due the said sum first abovementioned.

Wherefore the plaintiff demands judgment against the defendant, for, &c.

See, ante, note, on p. 430, as to pleading several items in one count, or statement of a cause of action ; see, also, Pleadings, 333, 334,

( No. 40.)

For use and occupation, no price agreed on.

Title of the Cause.

The plaintiff complains of the defendant :

That the defendant is indebted to the plaintiff in the sum of $

—for the use and occupation, by the defendant, of the plaintiff's premises, situate, [describing them generally,] for the period of — months, from the day of

That the defendant has occupied the said premises for said period, as plaintiff's tenant, and has not paid the rent (which is of the value of $ for said period), or any part thereof.

Wherefore the plaintiff demands judgment against the defendant, for, &c.

(No. 41.)

For use and occupation under a lease."

SUPREME COURT-COUNTY OF COLUMBIA.

Robert S. Livingston

agt. George I. Finkle.

The complaint of the abovenamed plaintiff respectfully shows to this court, that on the 11th day of June, 1845,

* In an action for rent due, where there is a lease under seal, the plaintiff may elect to sue on the covenant, and thereby make the covenant his cause of action ; or sue for the debt (rent) and by so the plaintiff leased to the defendant the farm then occupied by the defendant, situate in the town of Taghkanick, in the county of Columbia, with a suitable wood lot or privilege to get rails in the commons of the plaintiff, for the term of ten years from the 1st day of January, then next, at the yearly rent of $150, payable at the expiration of each year; and the said plaintiff avers, that the defendant thereupon, on the said 1st day of January, 1846, entered into, and has ever since used and occupied, said premises so leased to him as aforesaid ; and that on the 1st day of January, 1851, there was due and now remains unpaid of the rent, agreed to be paid by the said defendant, for the years 1848, 1849 and 1850, the principal sum of $450.

Wherefore the plaintiff claims judgment for the sum of $450, with interest on the sum of $150 from the 1st of January, 1849, and on the sum of $150 from the 1st of January, 1850, and on the sum of $150 from the 1st of January, 1851, besides costs.

R. B. MONELL,

Plaintiff's Attorney.

doing make the subsequent occupation his cause of action. And in the latter case the lease under seal may be given in evidence to establish the relation of landlord and tenant, and to show the amount of the debt, even where the lease is not set out or referred to in the complaint. (Ten Eyck v. Houghtaling, 12 How., 523.)

55

(No. 42.)

For a bill of goods sold, items not set forth and demand

having been assigned to plaintiff.

SUPREME COURT - RENSSELAER COUNTY.

Joseph Maulin

agt. Cornell Peck and William H. Fairweather.

This plaintiff complains against the defendants, and says, upon his information and belief, that on the 16th day of November, 1854, the above defendants were indebted unto Jared G. Bacon in the sum of $832.80, being the balance of an account for goods, wares, merchandise, lumber and personal property, · by the said Bacon bargained and sold, and sold and delivered to the said defendants, on or about the 1st day of August, 1854, at the city of Troy in said county, at the special instance and request of the said defendants ; and the said defendants being so, as aforesaid, indebted to the said Bacon, he the said Bacon, on or about the 16th day of November, by an instrument in writing under his hand and seal, for value received, sold and assigned, transferred and set over unto this plaintiff the said account, and all his right, title and interest therein, and all sums of money due, or to grow due, from the said defendants thereon, and this plaintiff is now the owner of the said account and claim, and all sums of money due, or to grow due thereon, and this plaintiff, upon

1 This complaint might be rendered more concise, without impairing its validity as a pleading, by omitting the parts in italics.

A sale and delivery need not be alleged to be at the request of the defendant. (Acome v. The American Mineral Co., 11 How., 24.)

his information and belief, says that the whole amount of the said indebtedness is now due and owing from the said defendants to him, this plaintiff

. Wherefore this plaintiff demands judgment against the said defendants for the sum of $832.80, with interest from the 15th day of November, 1854, besides costs, &c. PIERSON, BEACH & SMITH,

Plaintiff's Attorneys.

( No. 43.)

For a bill of goods sold, items being stated, and the demand

having been assigned to the plaintiff.1

ALBANY MAYOR'S COURT.

Edmund A. Benedict

agt.
David V. N. Radcliff.

The plaintiff complains against the defendant:

That Wilcox & King, a firm doing business in the city of Albany, sold and delivered to the said defendant, at the times hereinafter mentioned, certain quantities of coal, at and for the prices hereinafter mentioned, to wit:

1852, Sept. 14. 5 tons Lehigh egg coal at $5.50,... $27 50

14. 3 tons Lehigh egg coal at $5.50,... 16 50 Oct.

5. 10 tons Lehigh egg coal at $5.50,.. 55 00 Nov. 30. 1 ton Cumberland lump coal, $7.50,. 7 50

$106 50

Amounting in the whole to $106.50; and that the said defendant has not paid the said sum, or any part thereof.

· For goods sold, price agreed on, see ante, No. 9.

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