網頁圖片
PDF
ePub 版

2. That on the day of defendant in consideration of

[blocks in formation]
[ocr errors]

the

[ocr errors]

rupees to it paid, executed to the plaintiff a policy of insurance upon the said freight, a copy of which is hereto annexed [or state its tenor, as before].

3. That the said vessel, while proceeding upon the voyage mentioned in the said policy, was, on the

lost by [the perils of the sea].

day of

18

, totally

4. That the plaintiff has not received any freight from the said vessel, nor did she earn any on the said voyage, by reason of her loss as aforesaid.

5 and 6. As in Form No. 50.

[Demand of Judgment.]

No. 52.

FOR A LOSS BY GENERAL AVERAGE.

(Title.)

A. B., the above-named plaintiff, states as follows :—

1. That plaintiff was the owner of [or, had an interest in] [one hundred bales of cotton] shipped on board a vessel called the Y. Z., from at the time of the loss hereafter

mentioned.

to

2. That on the

in consideration of

[merged small][merged small][merged small][ocr errors]

rupees [which the plaintiff then promised to pay], the defendant executed to the plaintiff a policy of insurance upon his said goods, a copy of which is hereto annexed [or state its tenor, as before.]

day of

3. That on the 18 while proceeding on the voyage mentioned in the said policy, the said vessel was so endangered by perils of the sea, that the master and crew thereof were compelled to, and did, cast into the sea a large part of her rigging and furniture.

4. That the plaintiff was, by reason thereof, compelled to, and did, pay a general average loss of

[merged small][merged small][merged small][merged small][ocr errors]

defendant with proof of his loss and interest, and otherwise duly performed all the conditions of the said policy on his part.

6. That the defendant has not paid the said loss.

[Demand of Judgment.]

No. 53.

FOR A PARTICULAR AVERAGE LOSS.

(Title.)

A. B., the above-named plaintiff, states as follows:

1 and 2. [As in the preceding Form.]

3. That on the day of

[merged small][ocr errors][merged small]

seas, the seawater broke into the said ship, and damaged the said [cotton] to the amount of

rupees.

4 and 5. [As in paragraphs 5 and 6 of the preceding Form.]

[Demand of Judgment.]

No. 54.

ON A FIRE INSURANCE POLICY.

(Title.)

A. B., the above-named plaintiff, states as follows :

1. That plaintiff [was the owner of, or] had an interest in a [dwelling-house, known as No. street, in the city of ] at the time of its destruction [or, injury] by fire as

hereinafter mentioned.

2. That on the day of

consideration of

[blocks in formation]

rupees [to it paid], the defendant executed to the plaintiff a policy of insurance on the said [premises], a copy of which is hereto annexed [or state its tenor].

3. That on the day of

18 , the said [dwelling

house] was totally destroyed [or, greatly damaged] by fire.

4. That the plaintiff's loss thereby was

5. That on the day of

[blocks in formation]

defendant with proof of his said loss and interest, and otherwise duly performed all the conditions of the said policy on his part.

6. That the defendant has not paid the said loss.

[Demand of Judgment.]

1.

No. 55.

AGAINST SURETIES FOR PAYMENT OF RENT.

(Title.)

A. B., the above-named plaintiff, states as follows:

That on the

day of

18

at

,

], at the annual rent of

years, the

one E. F. hired from the plaintiff, for the term of
[house No.
rupees, payable [monthly].

street,

2. That [at the same time and place] the defendant agreed, in consideration of the letting of the said premises to the said E. F., to guarantee the punctual payment of the said rent.

18

3. That the rent aforesaid for the month of

, amounting to

rupees, has not been paid.

[If, by the terms of the agreement, notice is required to be given to the surety, add:-]

4. That on the day of

18 , the plaintiff gave notice to the defendant of the non-payment of the said rent, and demanded payment thereof.

5. That he has not paid the same.

[Demand of Judgment.]

B.-PLAINTS FOR COMPENSATION FOR BREACH OF CONTRACT.

No. 56

FOR BREACH OF AGREEMENT TO CONVEY LAND.

(Title.)

A. B., the above-named plaintiff, states as follows:

day of

18

at

the

1. That on the plaintiff and defendant entered into an agreement, under their hands, of which a copy is hereto annexed.

[Or That on, &c., the defendant agreed with the plaintiff that, in consideration of a deposit of rupees then paid, and of the further

sum of ten thousand rupees payable as hereafter mentioned, he would, on the

day of

18

at >

2

execute to the plaintiff a sufficient conveyance of [the house No. street, in the city of free from all incumbrances; and the plaintiff agreed to pay ten thousand rupees for the same on delivery thereof].

day of

18

[ocr errors]

2. That on the the plaintiff demanded the conveyance of the said property from the defendant and tendered rupees to the defendant [or, that all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part.]

3. That the defendant has not executed any conveyance of the said property to the plaintiff [or That there is a mortgage upon the said property, made by

to

[ocr errors]

for rupees, registered in the office of

on the day of other defect of title.]

[merged small][ocr errors]

and still unsatisfied, or any

4. That the plaintiff has thereby lost the use of the money paid by him as such deposit as aforesaid and of other moneys provided by him for the completion of the said purchase, and has lost the expenses incurred by him in investigating the title of the defendant and in preparing to perform the agreement on his part, and has incurred expense in endeavouring to procure the performance thereof by the defendant.

The plaintiff prays judgment for

rupees compensation.

No. 57.

FOR BREACH OF AGREEMENT TO PURCHASE LAND.

(Title.)

A. B., the above-named plaintiff, states as follows:

1. That on the day of

[blocks in formation]
[ocr errors]

the

plaintiff and defendant entered into an agreement, under their hands, of which a copy is hereto annexed.

[Or that on the day of

[merged small][ocr errors][merged small]

the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant, and that the defendant should purchase from the plaintiff, forty bighás of land in the village of

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

plaintiff being then the absolute owner of the said property [and the same being free from all incumbrances, as was made to appear to the defendant], tendered to the defendant a sufficient instrument of conveyance of the same [or, was ready and willing, and offered to

convey the same to the defendant by a sufficient instrument,] on the payment by the defendant of the said sum.

3. That the defendant has not paid the same.

[Demand of Judgment.]

No. 58.

Another Form.

FOR NOT COMPLETING A PURCHASE OF IMMOVEABLE PROPERTY.

(Title.)

A. B., the above-named plaintiff, states as follows:

1. That by an agreement dated the

day of

:

187,

it was agreed by and between the plaintiff and the defendant that the plaintiff should sell to the defendant and the defendant should purchase from the plaintiff a house and land at the price of upon the terms and conditions following (that is to say)—

rupees,

(a) That the defendant should pay the plaintiff a deposit of rupees in part of the said purchase-money on the signing of the said agreement, and the remainder on the

day of

187 on which day the said purchase should be completed.

[ocr errors]

(b) That the plaintiff should deduce and make a good title to the said premises on or before the day of 187 " and on payment of the said remainder of the said purchase-money as aforesaid should execute to the defendant a proper conveyance of the said premises, to be prepared at the defendant's expense.

2. That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part, yet the defendant did not pay the plaintiff the remainder of the said purchase-money as aforesaid on his part.

3. That the plaintiff has thereby lost the expense which he incurred in preparing to perform the said agreement on his part, and has been put to expense in endeavouring to procure the performance thereof by the defendant.

[Demand of Judgment.]

[ocr errors]

No. 59.

FOR NOT DELIVERING GOODS SOLD.

(Title.)

A. B., the above-named plaintiff, states as follows :—

[merged small][merged small][merged small][merged small][ocr errors][merged small]
« 上一頁繼續 »