day of acceptance]. A copy of which said bill, and the acceptance thereof, is hereto attached and made part of this complaint. III. That he has [they have] not paid the same. [Demand of Judgment.] 50. words Backs No. 205. P xiv. Where Drawer is also Acceptor, on Bill Drawn on Himself. The plaintiff complains, and alleges: I. That on the... ... . day of... 187., at.. ..... the defendant made and accepted, and delivered to the [Demand of Judgment.] No. 206. xv. By Assignee of a Bill Payable out of a Particular Fund. The plaintiff complains, and alleges: ......... I. That on the.... day of.... 187., at..... one A. B. made his bill of exchange or order in writing, dated on that day, and directed it to the defendant, and thereby required the defendant to pay to one C. D., out of the proceeds of [state fund as in the bill].. ..dollars, days after the date thereof, and delivered it to said ........ C. D. III. That on the.......day of......., 187., 187., at.. said C. D. assigned said bill to this plaintiff. The following is a copy of said bill of exchange, and of the said acceptance and assignment thereof [copy same]. IV. That on the......day of......, 187., the defendant had funds of the said A. B., proceeds of, etc. day of......., 187., V. That on the...... day of. 187, at......., the plaintiff demanded payment thereof from the defendant. VI. That he has not paid the same. [Demand of Judgment.] 50. That Defendant Accepted. - An acceptance generally without words of restriction to a fund or contingency, will in some cases bind the acceptor absolutely: Atkinson v. Manks, 1 Cow. 691; Mabe v. Massias, 2 W. Blackst. 1072; Lent v. Hodgman, 15 Barb. 274. No. 207. xvi. Payee against Drawer and Acceptor-On a Bill Accepted by the Drawee. [TITLE.] The plaintiff complains, and alleges: ......... I. That on the....day of..... .., 187., at the defendant, A. B., by his bill of exchange, required one C. D. to pay to the plaintiff........dollars, . the date thereof [or otherwise]. days after II. That on the....day of... . . . 187., the defendant, C. D., upon sight thereof, accepted said bill. The following is a copy of said bill and of said acceptance [insert copy]. III. That at maturity the same was presented to the defendant, C. D., for payment, but was not paid. IV. That notice thereof was given to the defendant, A. B. V. That no part of the same has been paid. [TITLE.] [Demand of Judgment.] No. 208. xvii. By Payee, on a Bill Accepted for Honor. The plaintiff complains, and alleges: I. That on the....day of........, 187., the defendant, A. B., by his bill of exchange, required one C. D. to pay to the plaintiff........ dollars, ...days after the date thereof [or otherwise]. The following is a copy of said bill of exchange, and of all acceptances thereon [insert copy of same]. II. That on the....day of..... 187., the same was presented to the said C. D. for acceptance, but was not accepted. III. That notice thereof was given to the defendant, A. B. ......... IV. That on the....day of... . . . . ., 187., at. at.... the defendant, E. F. [acceptor for honor], upon sight thereof, accepted said bill for the honor of said A. B. V. That at maturity the same was presented for payment to said C. D., but was not paid. VI. That notice thereof was given to the defendant, A. B. VII. That thereupon, the same was duly presented to the defendant, E. F. [acceptor for honor], for payment, but was not paid. VIII. That notice thereof was given to the defendant, A. B. IX. That no part of the same has been paid. [Demand of Judgment.] 51. Accommodation Acceptor.-The accommodation acceptor who pays without funds, can recover from the drawer, not upon the bill, but for money paid: Griffith v. Reed, 21 Wend. 502; Suydam v. Westfall, 4 Hill, 211. 52. Presentment at Maturity. In a complaint against acceptor for honor, the plaintiff must show that the bill was presented at maturity to the drawee, and that the drawer had notice of non-payment: Williams v. Germanie, 7 Barnw. & C. 468; Schofield v Bayard, 3 Wend. 488. It is not neces sary to aver that the demand was made of the maker at the place specified in the note, in a complaint under the Code. Such a demand was, by authority, settled to be a condition precedent under the late practice, and the averment essential to a recovery. But section 162 of the Code (N. Y.) has dispensed with the necessity of pleading the facts which constitute the performance of a condition precedent: Gay v. Paine, 5 How. Pr. 107; Woodbury v. Sackrider, 2 Abb. Pr. 402; to the contrary, Graham v. Machado, 6 Duer, 515. The later case of Ferner v. Williams, 37 Barb. 9, follows, and approves Gay v. Paine. 151 of No. 209. xviii. By Indorsee-First Indorsee against Acceptor. [TITLE.] The plaintiff complains, and alleges: I. That on the. . . . day of........, 187., the defendant accepted a bill of exchange, made by one A. B., on the day of... 187., at ... the defendant to pay to the order of one C. D., dollars.... requiring after sight thereof, of which the follow ing is a copy [insert copy]. II. That the said C. D. indorsed the same to the plaintiff. III. That the defendant has not paid the same. [Demand of Judgment.] No. 210. [TITLE.] xix. First Indorsee against First Indorser. The plaintiff complains, and alleges: I. That the defendant indorsed to the plaintiff a bill of exchange, made by one A. B., on the ...... day of 187.., at of the defendant ....... requiring one C. D. to pay to the order [days] after dollars day of ......... sight [or after date, or at sight] thereof, and accepted by the said C. D. on the 187., at The following is a copy of said bill of exchange, and of said indorsement and acceptance [insert copy]. the same was presented to the said for payment, but it was not paid. 187., at III. That due notice thereof was given to the defendant. IV. That he has not paid the same. [Demand of Judgment.] No. 211. XX. First Indorsee against Drawer and Indorser-for Non-Acceptance. [TITLE.] The plaintiff complains, and alleges: I. That on the ...... day of ........ 187., at the defendant, by his bill of exchange, required one C. D. to pay to the order of one E. F. days after the date thereof [or otherwise]. dollars II. That the said A. B. then and there delivered the same to the defendant E. F., who then and there indorsed it to the defendant G. H. the defendant G. H. indorsed the same to the plaintiff for value. The following is a copy of said bill of exchange and of the said indorsements thereon [copy bill and indorsements]. IV. That the same was presented to C. D. for acceptance, but was not accepted [if a foreign bill, add, and was thereupon duly protested for non-acceptance], of all which due notice was given to the defendants. V. That no part of the same has been paid. [Demand of Judgment.] 53. Delivery.-The plaintiff, as indorsee of a bill of exchange, sued the acceptor, declaring under the statute of N. Y., on the money counts, and appending a copy of the bill, with notice that it was his cause of action; but in the copy his indorsement was omitted. Delivery was sufficiently averred by implication, that indorsement was not necessary to pass title, and that the bill was therefore admissible upon the trial of the cause: Purdy v. Vermilyea, 4 Seld. 346. 54. Form. For authority for a longer but similar form, see Phelps v. Ferguson, 9 Abb. Pr. 206; Greenbury v. Wilkins, Id. note. No. 212. xxi. First Indorsee againt all Prior Parties-for Non-Payment. [TITLE.] The plaintiff complains, and alleges: I. That on the .... day of day of..... 187., at ... the defendant A. B., by his bill of exchange, requested C. D., to pay to the order of the defendant E. F............. dollars, ... days after the date thereof. II. That the said A. B. then and there delivered the same to the said E. F., who thereupon indorsed it to the defendant G. H. ........ ...... III. That on the .... day of.... 187., at the said G. H. indorsed the same to the plaintiff for value. IV. That on the....day of...... 187., at..... the defendant C. D., upon sight thereof, accepted said bill. V. That at maturity the same was presented to the defendant C. D. for payment, but was not paid [if a foreign bill, add, and was thereupon duly protested for non-payment], of all which due notice was given to the defendants A. B., E. F., and G. H. VI. That no part of the same has been paid. [Demand of Judgment.] [TITLE.] No. 213. xxii. A Subsequent Indorsee against Acceptor. I. [Allege acceptance of bill, as in Form 209.] was transferred to the plaintiff for value. III. That the defendant has not paid the same. [Demand of Judgment.] the same |