 | New York (State) - Session laws - 1849 - 864 pages
...sufficient for a^cram" « party to deliver the account or instrument to the court, and to instrument state, that there is due to him thereon from the adverse party a of money onspecified sum, which he claims to recover or set off. ly10. A variance between the proof... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...of money only, it shall be sufficient for a party to deliver the account or instrument to the court, and to state, that there is due to him thereon from...the adverse party a specified sum, which he claims to recover or set off. 13. A variance between the proof on the trial, and the allegations in a pleading,... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...payment of money only, it is sufficient for the party to deliver the account or instrument to the court, and to state, that there is due to him thereon, from...the adverse party, a specified sum, which he claims to recover or set off. The court may at the time of the pleading, require that such writing or account... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...shall be bound to establish on the trial, the facts showing such performance. In an action or defence, founded upon an instrument, for the payment of money...the adverse party a specified sum which he claims. To charge an endorser, it is not necessary to aver a presentment and demand at the place specified... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...or defence, founded upon an instrument, for the payment of money only, it shall be sufficient for a party to give a copy of the instrument, and to state...the adverse party a specified sum which he claims. fc 163. In pleading a private statute, or a right derived Privme ' slalutM, therefrom, it shall be... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...or defence, founded upon an instrument, for the payment of money only, it shall be sufficient for a party to give a copy of the instrument, and to state...thereon from the adverse party a specified sum which lie claims. ^ 172. Any pleading may be once amended by the party of course, without costs, and without... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...of money only, it shall be sufficient for a party to deliver the account or instrument to the court, and to state that there is due to him thereon, from...the adverse party, a specified sum, which he claims to recover or set off. 10. A variance between the proof on the trial, and the allegations in a pleading,... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...shall be bound to establish on the trial the facts showing such performance. In an action or defence, founded upon an instrument, for the payment of money...adverse party a specified sum which he claims. The whole of the last section is new, and it seems obvious that this provision must be construed with very... | |
 | Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...off. The recent amendment above alluded to, is in section 162. It is that " in an action or defence founded upon an instrument for • the payment of...the adverse party a specified sum, which he claims." If it is intended by this to dispense with a statement of facts constituting the cause of action, or... | |
 | Civil procedure - 1852 - 446 pages
...declaring that in an action on an instrument for the payment of money only, it shall be sufficient for a party to give a copy of the instrument and to state...adverse party a specified sum which he claims. The action is on a promissory note of which the plaintiffs have set out a copy in the complaint, and from... | |
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In an action or defence founded upon an instrument for the payment of money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified sum which he claims. 
