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ADMINISTRATOR (See ExecutORS AND ADMINISTRATORS).
ADMIRALTY:
libel, in personam, ..

21
libel, in rem, ..

24
answer to libel, in personam,.

38
pleading in, analogous to Code,

23
separate articles in libel, ...

24
AGENT :

complaint by, for breach of contract to convey lands, .......... 404

41

ALTERNATIVE RELIEF:
prayer for, in complaint for specific performance,

73
same, in complaint against vendor and subsequent purchaser, 74
same, in complaint against executors and trustees,.

192
same, in complaint against insurance company, on contract to
insure,

328
complaint may be framed to ask judgment in ejectment or for
damages,

529
ANSWER:
to bill in equity, ....

29
to complaint under the Code, in paragraphs,.
denial to complaint,.

530,-547
( See Denials — GENERAL AND SPECIFIC.)
in abatement of the action,

547,-550
( See ABATEMENT.)
defensive answers,

550,-
( See VARIOUS SUBJECTS AND TITLES ).
what separate answers may be joined, and requisites of, . 552
separate answers to several causes of action, ..

559
same, by indorser of promissory note, usury, &c., ...

574
equitable defence to legal cause of action,

604
same, by way of counter-claim,

654
answer of title in justices' court,

604
answer in equitable actions,

618-636
in cases for the construction of wills,

632, 634, 636
answers by way of counter-claim,.

638-658
(See COUNTER-CLAIM.)
supplemental answer; demand merged by a judgment rendered
against defendant's co-indorser on note,.

659
replies to,

661-667
(See REPLIES.)
demurrers to,

668-682
(See DEMURRERS.)
ARBITRATION AND AWARD:
complaint on,

446
answer of,

571

....

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ASSIGNEE:

complaint, by assignee of claim, for non-delivery of goods,
by assignee of claim against inn-keeper for lost money,
what claims may be assigned,..
complaint, by assignee, of demand on fire insurance policy,

363
365
365
450
1 Since the note on page 358 was put to press, the case of Prindle r. Carothers
therein referred to, has been reported 1 Smith (15 N. Y. Rep.), p. 425.

PAGE.
ASSIGNEE (Continued):

by assignee in trust, for benefit of creditors, on fire insurance
policy,

398
for bills of goods assigned to plaintiff,.

434, 435
duly assigned,” sufficient allegation in complaint,

451

ASSIGNMENT ( See TRUSTS AND ASSIGNMENTS).

ASSAULT AND BATTERY

( See TRESPASS to PersonS AND PROPERTY ).

AUDITA QUERELA,

complaint in nature of, praying the discharge of a paid judg-
ment, injunction, &c.,

345
when such an action may be sustained,

345
BANKING CORPORATION :
complaint for dissolution of, ....

309
by bank, in the name of its president, on bill of exchange, 369
by bank, in its corporate name, on promissory note,.

370
when need not allege its corporate existence,..

370
may sue and be sued by corporate name or in name of its presi-
dent,

369, 370, 373
against a bank, by the name of its president, for refusal to pay
dividend on stock,.......

873
against bank, by one or more of numerous subscribers to a

common fund deposited, which bank refuses to pay,. ........ 408
BANKRUPT ACT:
answer, discharge under, in action on judgment,...

568
BILLS, BONDS AND NOTES:
complaints on, under section 162 of the Code, ..

354-357
what complaints, in such cases, must contain,!.

358
complaint against maker and indorser of note,

859
what averments necessary in,.....

359-360
complaint against first and third indorser of note,

415
on bank check drawn by firm and indorsed to plaintiff, .

361
by copartnership firm, against another firm, on a draft, accepted
and paid by plaintiffs,.

362
by bank, against drawer, acceptor and indorser of bill,..

869
same, against joint indorsers, on promissory note,..

370
by administrator, on promissory note indorsed to intestate....... 374
on a joint and several sealed note, against survivor and represen-
tatives of deceased maker,...

417
in what cases representatives of deceased maker may be joined
with survivor, ..

417-419
complaint against two of three makers of a joint and several
bond,....

418
answer, by indorser, that note was indorsed for maker's accom-

modation, in payment of precedent debt, and for usurious con-
sideration, ....

574
that maker or indorser was agent, without authority,.

676

PAGE.
CARRIER :

complaint, for breach of contract of common carrier, for value of
goods lost, with damages,...

454
same, for loss of goods, and benefit of insurance upon them,.... 457
against railroad company, as carrier, for damages by reason of
failure to carry with safety and diligence,

... 519, 523
(See RAILROAD COMPANY.)
answer, in action by, denial, with defence that loss was caused
by inevitable accident,...

554
same, with defence of special contract, by which plaintiff as-
sumed risk of injury,.....

557
same, separate answers to several causes of action, judgment re-
covered, and denial of negligence,

559

CHECK ( See Bills, BONDS AND Notes ).
CLAIM AND DELIVERY OF PERSONAL PROPERTY:

complaint by sheriff, against auctioneer, for delivery of goods,

and for an accounting, to ascertain amount of lien, praying
injunction and receiver,..

305
to recover possession of personal property, with damages, 493
answer to same,

603
demand and refusal, when must be alleged, and complaint, what
must contain,

493-494

117

CLOUD UPON TITLE:

complaint to remove, and for injunction, ......

in what cases equity will interfere to remove cloud upon title,' 121-124
COMMON COUNTS ( See Money Paid, &c., LABOR AND SERVICES,

Goods SOLD AND DELIVERED ).
COMMITTEE ( See RECEIVER, COMMITTEE, &c).
COMMISSIONERS OF HIGHWAYS ( See PUBLIC OFFICERS ).
COMPLAINT:
bill of, in equity,...

1
must contain only a single statement to a single cause of ac-

tion,
commencement of,

48
in actions demanding equitable relief,.

47-354
( See VARIOUS SUBJECTS AND TITLES.)
in common law actions,

354 530
( See VARIOUS SUBJECTS AND TITLES.)
CONTRACT ( See BILLS, BONDS AND NOTES; WARRANTY, &c.):

complaint for breach of, to convey lands by agent for the benefit
of his principal,

406
on written contract and guaranty against contractors and guaran-
tors jointly,.

420
for breach of contract for sale of railroad stock,.

444
answer to the same,.

553

18, 20

2 Since the note commencing on page 121 was printed, the Court of Appeals has
reversed the decision of the General Term, in the case referred to in the note, and
affirmed that of the Special Term.

PAGE.
CONTRACT (Continued ):

complaint for sale of real property and fixtures, value determined
by award, .

446
on guaranty,..

448
on contract of common carrier,

454
(See CARRIER.)
for breach of contract to marry,

459
on new promise, debt barred by statute,
complaint, on contract for sale of land, to recover back money

paid under fraudulent or mistaken representations as to quantity
of land,

156
answer to same,.

618
(See VARIOUS TITLES AND SUBJECTS, SUCH AS SPECIFIC PERFOR-

MANCE, INJUNCTIONS, &c.)

460

CORPORATION ( See BANKING CORPORATIONS ; INSURANCE Com-

PANY; Joint STOCK AssociationN):
complaint to dissolve company assuming to exercise corporate
powers,

511
to dissolve incorporated company, praying an accounting, &c., by
a stockholder in behalf of himself and all others,.

318
by creditor of corporation that has been insolvent more than a
year, to charge the directors individually,..

... 340
against municipal corporation, for damages caused by negligence
in constructing a drain,

475

CREDITOR'S SUIT :
complaint in, to reach interest of judgment debtor alone,

158
in what cases creditor's suit will lie,...

159
by receiver, to set aside fraudulent assignment,.

164
same by judgment creditor against assignor and assignee, 171
CREDITORS:

when should all be parties in suit to set aside assignment, ...... 175
CONCLUSION OF LAW:
reference of, in pleading to the court, superfluous, .

42
averment of legal duty immaterial and superfluous,

44 , 473
examples of, in complaint,.. 181, 210, 211, 255, 257, 268, 312, 505
that plaintiff is "the lawful holder and owner " of a note, &c.,
mere conclusion of law, and unnecessary,.

859
and insufficient to show plaintiff's title to sue,

364
CONDITIONS PRECEDENT :
pleading performance of,. .. ...

441
complaint on policy of marine insurance, performance of condition

precedent pleaded in,
CONVERSION OF PERSONAL PROPERTY (See TRESPASS TO THB

PERSON AND PROPERTY):
complaints for,

491, 492

441

COUNTER-CLAIM :

answer of set-off, by executors, to complaint for work and labor, 638
reply to same,
set-off, improperly pleaded, as counter-claim,.

639

662

PAGE.
COUNTER-CLAIM (Continued ):

set-off against assignor is no counter-claim, and requires no reply, 640
answer, by way of counter-claim, rent due from plaintiff,.. 641
reply to same,

663
counter-claim, that plaintiff has not performed covenants in his
lease,

642
same, for damages, by reason of goods sold not corresponding
with sample,

644
same, that work done by plaintiff was done under a special con-
tract, which plaintiff has not fulfilled, .

645
separate counter-claim, by one of several defendants, .

649
equitable counter-claim, praying reformation of a contract, sought
to be specifically enforced, and offering to perform as cor-
rected,

651-653
by landlord, admitted to defend action brought against his ten-

ant to recover possession, setting up a mistake in the deed of
conveyance, praying that it be reformed, and his title estab-
lished,

... 654
equitable counter-claim, in action to recover real estate, setting

up that defendant was lessee of plaintiff's grantor, and, not
being able to read or write, he, by agreement with plaintiff, con-
trary to his intention, gave up the remainder of his lease,

praying to have agreement delivered up to be canceled, &c.,.. 655
replies to,

661-667
(See REPLIES.)
demurrer to,

... 682
( See DEMURRER.)
DENIAL, GENERAL AND SPECIFIC:

absolute general denial by one of two defendants, answering
separately,

630
general denial of knowledge or information sufficient to form a
belief..

531
facts presumed within defendant's knowledge must be denied
positively,

530
what sufficient form of,

531, 532
qualified general denial,.

532
another form of, in action to recover real property,

533
same, where several facts are admitted, ..

534
separate denials of two causes of action in same complaint, 535
specific denials,

536
specific and general denials, with affirmative defence,..... 537
denials, positive, and of knowledge or information in an equita-
ble action,...

539
denial of allegations inconsistent with complaint,

543
denials in various forms in same answer, with counter-statements
and explanatory matter,

544
specific denial, with affirmative defence,.

546
general denial, with statute of limitations, payment, &c., 550

(See VARIOUS SUBJECTS AND TITLES.)
merely puts plaintiff upon his proof, and no evidence can be in-
troduced by defendant under,

551
denials, general and specific, in replies to counter-claim, ... 661–667

(See Reply.)
DEMURRER:
will not lie for omitting to state time and place,

15
cannot be joined with answer,

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