III. That thereafter, and on the day of, and while possessed of said demised property under said lease, said M N assigned to the defendant by an instrument in writing, said lease, and the estate and interest of M N in said leased property, and said defendant thereupon entered into the demised premises and became possessed thereof under said lease and assignment, and he continued so possessed from thence hitherto; [or until, stating the time when defendant quit possession.] IV. That for the time defendant was so possessed of said demised premises, no rent for said demised premises has been paid, and the sum of ——— dollars was and is payable to plaintiff from defendant, as rent for said demised premises for said time, and plaintiff, on the demanded from the defendant the said sum of dollars, the amount of such day of rent; but the defendant has not paid the same, nor any part thereof, and the whole thereof is due and unpaid. WHEREFORE plaintiff demands judgment against defendant for said sum of dollars, and interest thereon from the day of, and plaintiff's costs of suit. GH, Attorney for Plaintiff. FORM NO. 28. COMPLAINT ON NOTE, ESTIMATED IN MONEY, BUT PAYABLE IN CHATTELS. [Name of Court.] Plaintiff complains and alleges: I. That on the day of defendant, for value, made to plaintiff the promissory note in writing of defendant, of which the following is a copy: [Insert copy.] II. That plaintiff on the day of [state a time after the chattels were payable] demanded said chattels 'mentioned in said promissory note from defendant, but the defendant did not pay nor deliver to plaintiff said chattels, nor any part thereof, nor said sum of dollars, nor any part thereof; but the same is wholly undelivered and unpaid. has been a corporation created, organized and existing under the laws of the state of ; II. That the plaintiff in the month of was proposing and contemplating the erection of a building for the purpose of an academy; III. That the defendant and others were desirous that plaintiff should erect and complete said building, and they requested plaintiff to erect and complete the same, and for the purpose of enabling plaintiff to do so, the defendant and others made to plaintiff their agreement and subscription in writing, whereby the defendant, and each of said other subscribers promised to pay to plaintiff the sum of money in said subscription paper set opposite to his name, and the defendant in consideration of the premises, and of the subscription by said other subscribers, promised to pay to plaintiff the sum of dollars when said pro posed building was erected by plaintiff. The following is a copy of said subscription paper, namely: [Insert copy.] IV. That upon the faith of said subscription plaintiff erected and completed said building, and expended thereon large sums of money, and incurred large liabilities, and plaintiff duly performed all of the conditions of said subscription on its part; the said sum of V. That after the erection and completion of said building, and on the day of plaintiff demanded from the defendant dollars, the amount of his said subscription, but the defendant has not paid 'the same, nor any part thereof, and the whole thereof is unpaid. WHEREFORE plaintiff demands judgment against defendant for the sum of — dollars, and interest thereon from the day of, and plaintiff's costs of suit. G H, Attorney for Plaintiff. FORM NO. 30. COMPLAINT BY EMPLOYEE PREVENTED FROM FULFILLING CONTRACT OF EMPLOYMENT. contract in writing, of which the following is a copy: [Insert If the contract was not in writing, state the legal effect copy. thereof.] That plaintiff entered upon his employment under said contract and duly performed all the conditions thereof on his part until the defendant refused, as hereinafter mentioned, to allow him to do so any longer; and plaintiff has always been, and is ready and willing, and offered to perform all the conditions of said contract on his part; III. refused, and has That the defendant, on the day of ever since refused to allow plaintiff to perform the duties and conditions on his part of said contract of employment, and refuses to pay him therefor, to plaintiff's damage in the sum of dollars. WHEREFORE plaintiff demands judgment against defendant for the sum of dollars, and plaintiff's costs of suit. That on the day of I. plaintiff and defendant made a contract in writing, of which the following is a copy: [Insert copy. If the contract was not in writing, state the legal effect thereof.] II. That to procure plaintiff to make such contract of employment with defendant, the defendant stated to plaintiff that defendant was a skilled and careful engineer, and knew how to run a stationary steam engine owned by plaintiff, which was of the value of dollars; and confiding in the truth of such representations, plaintiff entered into said contract of employment with defendant, and entrusted to him the running of said. steam engine of plaintiff; III. That the defendant was not a skilled or careful engineer, and he run said stationary engine of defendant, while he was in the employment of defendant, under said contract, so unskillfully and carelessly that said steam engine of plaintiff was injured, to plaintiff's damage, dollars. for WHEREFORE plaintiff demands judgment against defendant dollars, and plaintiff's costs of suit. BUDD 28 GH, Attorney for Plaintiff. FORM NO. 32. COMPLAINT AGAINST A PHYSICIAN AND SURGEON. [Name of Court.] Plaintiff complains and alleges: I. That at all the times hereinafter mentioned the defendant was a physician and surgeon; II. That plaintiff in the month of employed the defendant as physician and surgeon, for a reasonable compensation to be paid by plaintiff, to set and heal the leg of the plaintiff which had been broken, and the defendant accepted such employment; III. That the defendant so negligently and unskillfully conducted himself in setting and attempting to heal said leg, that by reason of such negligence and want of skill, inflammation was brought on, which made it necessary to have said leg of plaintiff amputated, and it was amputated; IV. That by reason of the defendant's said negligence and unskillfulness plaintiff was made sick, and suffered great pain, and was kept from attending to his business for months and was put to great expense, and has been, and still is, and will always be disabled from attending to his business as he otherwise would have done, to the damage of the plaintiff in the sum of dollars. for WHEREFORE plaintiff demands judgment against defendant dollars, and plaintiff's costs of suit. GH, Attorney for Plaintiff. |