of statute or rules relating to the construction of the allegations, their effect, the person by whom the verification is to be made and the form of the verification apply to the counterclaim as if it were] a separate pleading. Source CCP § 527, substance unchanged-Re- Cited but not applied-Fulton 200 NY 287; visers' Note. Note 8 CivP 441. § 250. Verification of answer where fraud is charged in complaint. A defendant is not excused from verifying his answer to a complaint charging him with having confessed or suffered a judgment, executed a conveyance, assignment or other instrument, or transferred or delivered money or personal property, with intent to hinder, delay or defraud his creditors; or with being a party or privy to such a transaction by another person, with like intent towards the creditors of that person; or with any fraud whatever affecting a right or the property of another. Source -CCP $ 529-Revisers' Note. Star (*) means read Not into note heading. Unconstitutional in part-Requiring verified answer to complaint charging criminal offense (Kellogg 165 AD 885. 151 NYS 361). Fraud charged in complaint. verified answer necessary-Recover money paid for fraudulent stock sale (Beckley 65 Hun 37, 19 NYS 745). *alleging criminal conspiracy to defraud (Kellogg 165 AD 885, 151 NYS 361). *Recover for goods obtained under false pretenses (Frist 67 How 214, 6 CivP 30). Cited but not applied-Note 8 CivP 441. § 251. Verification of dilatory defenses. A defense which does not involve the merits of the action shall not be pleaded unless it is verified. Source CCP § 513-Revisers' Note. Veri § 252. Verification in action against corporation to recover on note or other evidence of debt. In an action against a foreign or domestic corporation to recover damages for the non-payment of a promissory note, or other evidence of debt, for the absolute payment of money, upon demand, or at a particular time, [the answer must be verified.] Source CCP § 1778, amended-Revisers' Note. | payment of rent (Conavello 31 Mis 170, 63 NYS The provision as to "extension of time" is cov-967). *Indorsement of note (Shorer 119 NY 483. ered under that subject in General Practices Pro- afg 53 Hun 88, 6 NYS 63). Interest coupons on vision. The Committee believes that the technical coupon-notes (Boyle 233, 33 NYS 836). Life provisions of § 1778 should be repealed. An order policy (Studwell 19 Hun 127; *NYLife 88 NY allowing a corporation to defend such an action is 424: McKee 25 Hun 583). usually granted as a matter of course and upon proof no stronger than a verification. Star (*) means read Not into note heading. Actions to which section applicable-City court action (Hein 113 Mis 137, 184 NYS 78). *Justice's court action (Center 43 Mis 247, 88 NYS 548). Municipal Court action (Blenderman 64 Mis 65, 117 NYS 897; Duke 127 AD 39, 111 NYS 313). Evidence of debt for absolute payment of money*Assumption of maker's liability in note (Fiftythird 153 NYS 168). *Certificate of stock (Tautphoeus 96 AD 23, 88 NYS 709). *Guaranty of Actions for non-payment of notes-By accommodation indorser after taking up notes after onpayment (Ford 54 Hun 451, 7 NYS 714, afd 121 NY 664). *Action on notes and for goods sold (McGovern 55 NYS 767). Corporation Domestic corporations - - Municipal (Moran 101 NY 439, rvg 38 Hun 122). Cited but not applied-Smith 172 NYS 598; Stone 170 NYS 1115; Pennypacker 63 Mis 384, 116 NYS 771; Schlesinger 114 NYS 341; Roosevelt 1 HowNS 237: BarrCo 18 AьNC 476; PxRoosevelt 51 Supr 238. § 253. Remedy for defective verification. The remedy for a defective verification of a pleading is to treat the same as an unverified pleading. Where the copy of a pleading is served without a copy of a sufficient verification, in a case where the adverse party is entitled to a verified pleading, he may treat it as a nullity, provided he gives notice, with due diligence, to the attorney of the adverse party, that he elects so to do. Com lows state practice (Hamilton 232 F 832). Source CCP § 528 verbatim-Revisers' Note. Star (*) means read Not into note heading. Pleadings treated as unverified-Answer (Schwarz 74 NY 307; Welsbach 59 NYS 1016; Fusco 11 NYS 735, 19 CivP 48). Complaint defectively verified (Moran 52 AD 481, 65 NYS 113). Federal follows state practice-Eckerson 235 Ffied (Paddock 32 Mis 426, 66 NYS 743; Fusco 11 415. Complaint in justice court action (Embalmers' 101 Mis 717, 166 NYS 1045). Pleadings treated as nullity-Answer (Rogers 131 NY 401), unverified (Felix 76 Mis 267, 134 NYS 923), unverified in action to enforce corporate trustees' liability for failure to bill annual report (Gadsden 3 HowNS 109), *unverified to unverified complaint (Belgin 48 Mis 494, 95 NYS 910). verified by secretary of domestic corporation defe dant (American 2 HowNS 120), *defectively verified and not returned in season, Federal fol NYS 735, 19 CivP 48). Notice sufficient-Applied generally (American 2 How NS 120). *Answer not "verified in accordance with the general rules of practice" (Rosenthal 55 Mis 533, 105 NYS 943). *Verification of answer defective and not in compliance with code provisions (Treen 106 Mis 357, 174 NYS 500). Pleading not returned with due diligence-Defectively verified answer not returned within 24 hours. Federal follows state practice (Hamilton 232 F S32). § 254. First pleading to be complaint. The first pleading, on the part of the plaintiff, is the complaint. Source CCP § 528, verbatim-Revisers' Note. Cited but not applied-Moller 29 F 678. § 255. Contents of complaint. The complaint must contain: 1. The title of the action, specifying the name of the court in which it is brought; if it is brought in the supreme court, the name of the county which the plaintiff designates as the place of trial; and the names of all the parties to the action, plaintiff and defendant. Amended, effective May! 1923 re goods sold 2. A statement of each cause of action. and delivered. 3. A demand of the judgment to which the plaintiff supposes himself entitled. Source CCP § 481, amended as indicated to conform to general section on contents of pleading-Revisers' Note. Star (*) means read Not into note heading. Name of county venue-Determines county in which action commenced (Benson 67 AD 319, 74 NYS 506, rvd 174 NY 83). Clerical error in copy not ground for denial of motion for preference (Bark 33 Mis 694, 68 NYS 1051). ferent from summons, complaint controls (Gold Difstein 73 AD 545, 77 NYS 956; Tolhurst 94 AD 439, 88 NYS 235; Fisher 12 AD 602, 43 NYS 111; Faherty 43 Hun 432; Rector 38 Hun 293; McCosker 20 CivP 324, afd 133 NY 672), unless change mere inadvertence of attorney (Goldstein 73 AD 545, 77 NYS 956). Omission: not mere Irregularity (Merrill 10 How 31), disregarded where no prejudice (Davison 13 How 287), cured by amendment (Hotchkiss 15 How 336), not cured by reference to summons (Merrill 10 How 31). Names of parties sufficient "As executor" indicates action in representative capacity (Austin 47 NY 360), and not treated as descriptio personae (Farrington 9 NYS 433, 18 CivP 135: Merritt 6 NY 168). "Assignee of" descriptive words, action in individual capacity (Butterfield 22 How 150). "Executor of" descriptive words, action in individual capacity (Litchfield 104 NY 543: Sheldon 11 How 11). Name by which generally known (Cooper 45 Barb 9). "as" after name sets forth cause of action in Omission of individual capacity (Bennett 94 NY 302; Gatti McQuade 79 Mis 430, 140 NYS 135), but does not necessarily prevent claim in representative capacity (Beers 73 NY 292: Stilwell 62 NY 640), party not necessarily cause for dismissal (Empire StateSavBank 81 Hun 184, 30 NYS 756). pervisor without mentioning name of incumbent *Su(Supervisor 4 Hill 136). Theory and form of action-Action on contract not necessarily changed to action in tort by allegation of fraudulent representations (Sparman 83 NY 245; Byrbie 24 NY 607; Veeder 2 Hun 74). Action for recovery of money, allegations as to fraudulent representations improper (Harris 16 Hun 248). Complaint proceeding on definite theory not support recovery on another theory (Walrath 216 NY 220). tions of complaint (Neudecker 81 NY 296). EmDetermined by allegabodying some but not all essentials of three separate remedies, insufficient (Hedges 166 AD 208. 151 NYS 495). need not state which (Stevens 84 NY 296), comLegal or equitable: complaint plaint distinctly in equity not searched for possible action at law (Spring 183 AD 134, 170 NYS 253), complaint seeking equitable relief good against demurrer if stating cause of action at law (Lasky 93 Mis 364, 157 NYS 106), complaint framed for equitable relief cannot be sustained for legal relief where no answer interposed (Black 70 AD 16, 74 NYS 1095: Swart 35 Hun 281). complaint framed for legal relief only cannot be sustained for equitable relief where no answer interposed (Cody 63 AD 199, 71 NYS 277). complaint warranting legal relief only, no equitable relief given (Stevens 84 NY 296). Name given to action immaterial if facts alleged entitle plain tiff to relief (Wright 54 NY 437). Statement as сару to, not required but forbidden, election required effect (Dobbins 177 AD 132, 163 NYS 849; Low Contract price for labor (Meissner 15 facts proper (Park 30 AD 508. 52 NYS 475). Every Young 158 AD 760, 143 NYS 931: Glen 154 NYS 766; Cleminshaw 136 AD 160, 120 NYS | nonpayment (Posner 149 AD 272, 133 NYS 704). 181; Parsons 88 AD 552, 85 NYS 190; Schamberg 75 Mis 215, 135 NYS 262; Halsted 7 Mis 23, 27 NYS 408; Butler 44 Barb 166; Russell 7 Barb 482, 4 How 347), Failure to allege: consideration for note (National 178 NY 464), defendant's residence (Gilbert 111 NY 544), intent of prior indorser to become liable (Cawley 15 Hun 303), nonpayment (Kent 130 NY 504), publication in action for slander (Thompson 63 Mis 235, 118 NYS 452), time when fact happened, where material to cause of action (PxCrane 12 NY 433). Fraud (Wood 105 NY 278; Cohn 76 NY 284; NYTransportation 25 AD 161, 48 NYS 1095). *General allegation of fraud or conspiracy (PvO'Brien 209 NY 366, mfg 157 AD 119. 141 NYS 1046). *Immaterial matter (Adams 114 Mis 565, 187 NYS 688). *Irrelevant matter (Lamour 163 AD 131, 148 NYS 458; Young 158 AD 760, 143 NYS 931; Landmesser 157 AD 74. 141 NYS 730; Gutta 150 AD 678, 135 NYS 766: Kolb 135 AD 542, 120 NYS 543; Crutts 84 Mis 192, 145 NYS 850). *Knowledge of defendant aside from allegations of complaint (Ottomann 10 NYS 128). New promise in action on note (Herrington 220 NY 162). *Nonpayment: action for goods sold (Fraser 143 AD 520, 128 NYS 277). action for money (Dickinson 125 AD 735, 110 NYS 269), of commissions sued for (Reis 162 AD 463, 147 NYS 845). On information and belief (Woodard 15 NYS 128). *Redundancies (Gutta 150 AD 678, 135 NYS 766). *Special damages (Gumb 114 NY 411). Statutory action every fact to bring complaint within statute (Buckley 10 Mis 683, 31 NYS 999), reference to statute violated (PvLewis 131 AD 336, 115 NYS 909). without negativing exceptions (PvLewis 131 AD 336, 115 NYS 909), *incorporation of statute (Parsons 88 AD 552. 85 NYS 190). Ultimate facts (Goodrich 14 NYS 879: Muser 17 F 500: Prickhardt 4 CivP 112). *Where only to be inferred from other facts averred which are not inconsistent with opposite fact (Jacobs 212 NY 48, rvg 160 AD 449, 145 NYS 611). negligence of attorney, failure to show that but for his negligence plaintiff's claim would have been collected (Schmitt 162 NYS 437), *negli. gence of servant, failure to allege servant en gaged in defendant's business or acting within Scope of employment (Cullern 153 AD 797, 138 NYS 600), replevin (Clemmons 36 Mis 157, 72 NYS 1066), rescission of contract and recovery of purchase price (Buffalo 166 AD 969, 151 NYS 1107), slander (Crandall 22 AD 400, 48 NYS 269), wrongful detention (Wagman 163 AD 68. 148 NYS 471). Action on: contract (Cullinan 41 Mis 119, 83 NYS 969; Pratt 184 F 287; *Ross 51 NY 108; *Degraw 50 NY 1), foreign judgment (Crane 19 NYS 691), *instrument for payment of money (Tooker 76 NY 397), insurance policy (Todd 70 AD 52, 74 NYS 1062), lease for rent (Ward 36 Mis 330, 73 NYS 569), note (Didato 50 Mis 280. 100 NYS 466), *failure to allege execution by defendant and amount due (Cohn 113 NY 662), *failure to allege facts relieving from showing notice of dishonor (Clift 25 Hun 39), *failure to allege notice of protest to indorsee (Cook 88 NY 37). Action to: declare fraudulent transfer of real estate (Kain 141 NY 144), *dissolve partnership and restrain proceedings on attachment (Fielding 87 NY 197), enjoin trespass (Sadlier 185 NY 408, afg 104 AD 82, 93 NYS 579), establish equitable lien (National 44 AD 357, 61 NYS 155), *impress trust on property in defendant's hands (Jaffe 155 AD 110, 139 NYS 1101). *open accounting for fraud (Pfizer 77 Mis 641, 138 NYS 566), redeem from chattel mortgage (Huges 37 AD 528, 55 NYS 1106), set aside fraudulent conveyance (Hatch 172 AD 675. 158 NYS 385). try title to office (PxCrane 12 NY 433). Altho indefinite and argumentative and material facts obscurely averred (Marie 83 NY 14). Equitable action. without alleging ade. quate remedy at law (PineCliffsFarms 92 Mis 269, 156 NYS 293). Not showing plaintiff's connection with cause of action (McCarthy 139 NYS 950). Showing cause of action in third person (Weichsel 47 Supr 223, afd 90 NY 651). *Two inconsistent causes of action, damages and rescission (Hunt 166 AD 311, 151 NYS 850). Unnecessary tort allegations disregarded (Graves 59 NY 156; Conaughy 42 NY 83). Where, under allegations. plaintiff entitled to give evidence necessary to establish cause of action (Cullinan 41 Mis 119, 83 NYS 969; Budd 40 Mis 52, 81 NYS 152). Statement of cause of action sufficient-Action against directors of corporation for fraud in sale of stock (Van Slochem 154 AD 161, 138 NYS 852. afd 207 NY 161), infant for necessaries (Goodman 165 NY 289, rvg 28 AD 227, 50 NYS 884). *landlord in tort (Frank 76 AD 413, 78 NYS 855), *New York Stock Exchange (Heim 138 AD 96, 122 NYS 872), party to joint adventure (Lobsitz 168 AD 840, 154 NYS 556), telegraph company for nondelivery of message (Milliken 110 NY 403), *trustee for filing false report (Anderson 8 AыNC 382. 58 How 68), *trustees of corporation (VictoryWebbMfg 55 How 193). wife for necessaries (Hatch 165 NY 435). Action by: resident against foreign corporation, failure to allege plaintiff resident (O'Reilly 28 Mis 112, 59 NYS 261), stockholder, failure to allege demand on corporation to sue (Flynn 158 NY 493). Action for: accounting (Marshall 1 HowNS 217), attachment (Lanier 9 CivP 161). breach of contract (Ketchum 11 AD 332, 42 NYS 1112: Mahar 204 NY 231; *Ketchum 168 AD 38. 153 NYS 864; Marcus 162 AD 495. 147 NYS 576), claim and delivery (Western 75 NY 1). *commissions, failure to allege sales (Allerton 165 AD 557, 150 NYS 265), failure to allege that title passed or failed to pass through fault of defendant (Reis 155 AD 260, 140 NYS 3), conspiracy to defraud (Gray 17 AD 29, 44 NYS 883: Amann 76 Mis 5, 133 NYS 1076), conversion (Wamsley 168 NY 533; Malcom 89 NY 156 : Southwick 84 NY 420), damages for breach of contract of employment (Crotty 149 AD 262, 133 NYS 696; Williams 53 AD 699, 66 NYS *Thill 37 AD 521. 56 NYS 78), as broker, altho financial ability of purchaser not alleged (Benequit 148 AD 628, 133 NYS 226), deceit (Ettar 163 AD 409, 148 NYS 625; Woodbury 65 Barb 501), ejectment (Deering 167 NY 184: *Hahl 169 NY 109), fraud (Gabriel 168 AD 845. 154 NYS 493; Canadian 165 AD 96. 150 NYS 758). fraudulent representations (VanSlochem 207 NY 587), goods sold (Hungerford 172 AD 641, 158 NYS 806; Royle 186 NYS 356: Dodge 9 CivP 339), legal services (Smythe 127 AD 555, 111 NYS 872), liquidated damages, failure to allege Statement of each cause of action sufficient-*Action for penalties (PvKoster 50 Mis 46. 97 NYS 829). Agreed price and quantum meruit (Blenk 37 Hun 191; Longprey 31 Hun 432). Breaches of contract of carriage (Rothchild 10 NYS 36). *Breach of contract and wrongful acts (O'Rourke 154 NYS 29). *Failure to incorporate in one cause of action essential facts of another (Wright 91 Mis 573, 154 NYS 961). Must be complete in itself (Wright 91 Mis 576, 154 NYS 961: PvKoster 50 Mis 46, 97 NYS 829; McKenzie 8 NYS 460). Several wrongful acts (Park 134 AD 468, 119 NYS 347). Statutory liability and common law liability (Payne 201 NY 436; Pierce 159 AD 258, 144 NYS 330). Trespass and assault (Gunn 41 Hun 257). *Two separate wrongs (Fleitmann 174 AD 781, 161 NYS 650). Demand of judgment necessary-Alternative writ of mandamus (PxMcDonald 50 AD 286. 63 NYS 993). No part of cause of action, but necessary part of complaint (McVey 118 AD 466, 103 NYS 1056; Hopkins 2 Hun 38). Demand of judgment sufficient-Action for breach of contract of employment, demand for wages in. 11: stead of damages (Williams 53 AD 599, 66 NYS 11). Controlled by allegations of complaint (Shalek 155 NYS 972). *Inconsistent with cause of action alleged (Consolidated 135 AD 805, 120 NYS 128; Kervan 110 AD 655. 97 NYS 55). Not conclusive as to character of action (Williams 70 NY 601: Bell 109 NY 202; Marie 13 AUNC 210). Precise relief to which entitled: unnecessary (Colrick 105 NY 503; Wetmore 92 NY 76: Parker 36 AD 208, 56 NYS 734; Colby 81 Hun 221, 30 NYS 677; Pearce 71 Mis 324. 127 NYS 1100). too much or too little immaterial (Chism 210 NY 198, rvg 150 AD 893, 133 NYS 1115: Gutta PerchaCo 208 NY 583; Murtha 90 NY 372, 12 AbNC 12; Muldowney 42 Hun 444; Buess 10 Hun 299; Hopkins 2 Hun 38; Frear 9 Mis 316, 30 NYS 149; Dodge 9 CivP 339). Properly con sidered in determining nature of action (Swart Compared to § 261 as to what answer must § 256. When interlocutory and final judgment may be demanded. In an action triable by the court without a jury, the plaintiff, in a proper case, may demand an interlocutory judgment and also a final judgment, distinguishing them clearly. Source CCP § 482 unchanged-Revisers' Note. § 257. Service of complaint. A copy of the complaint may be served with the summons. If a copy of the complaint is not delivered to a defendant at the time of the delivery of a copy of the summons to him, either within or without the state, his attorney, at any time within twenty days after the service of the summons is complete, may serve upon the plaintiff's attorney a written demand of a copy of the complaint, which must be served within twenty days thereafter. The demand may be incorporated into the notice of appearance. Where the same attorney appears for two or more defendants, only one copy of the complaint need be served upon him. [If the plaintiff's attorney fails to serve a copy of the complaint the defendant may apply to the court for a dismissal of the complaint.] Source CCP 479; the first sentence is the first sentence of CCP § 419, unchanged; the last sentence is CCP 8 480 unchanged, except the words "as prescribed in the last section" which are omitted as unnecessary; the clause in next to last sentence is included in subsequent section-Revisers' Note. Demand not timely After: 20 days after service of summons (Stokes 85 AD 602, 83 NYS 358), service by publication completed against nonresident who was served with summons and copy of complaint before publication completed Demand sufficient "All papers be served on me Service of copy of complaint not timely After service of summons but before appearance of defendant (Sweet 6 CivP 69). Service of copy of complaint insufficient-Copy of complaint included in attachment papers (Crouse 61 Hun 46, 15 NYS 369). § 258. Joinder of causes of action. The plaintiff may unite in the same complaint two or more causes of action, whether they are such as were formerly denominated legal or equitable, or both, where they are brought to recover as follows: 1. Upon contract, express or implied. 2. For personal injuries, except libel, slander, criminal conversation or seduction. 3. For libel or slander. 4. For injuries to real property. 5. Real property in ejectment, with or without damages for the withholding thereof. 6. For injuries to personal property. 7. Chattels, with or without damages for the taking or detention thereof. 8. Upon claims against a trustee, by virtue of a contract, or by operation of law. 9. Upon claims arising out of the same transaction, or transactions connected with the same subject of action, [whether or] not included within one [or more] of the [other] subdivisions of this section. 10. For penalties incurred under the [conservation] law. 11. For penalties incurred under the agricultural law. 12. For penalties incurred under the public health law. It must appear upon the face of the complaint that all the causes of action so united belong to one of the foregoing subdivisions of this section; that they are consistent with each other; and it must appear upon the face of the complaint, that they do not require different places of trial. [A provision of statute authorizing a particular action, or regulating the practice. or procedure therein, shall not be construed to prevent the plaintiff from uniting in the same complaint two or more causes of action pursuant to this section.] Source CCP 484 amended-Revisers' Note, Bracketed matter is new. English practice, order 18, rule 1, is as follows: "Joinder of causes of action. Subject to these rules, the plaintiff may unite in the same action several causes of action whether against the defendants jointly, severally or in the alternative; but if it appear to the court that any such causes of action cannot be conveniently tried or disposed of together, the court may order separate trials of any of such causes of action to be had or may strike out any alleged cause of ac- 484 the words "and except as otherwise pre- The practice in England in regard to the joinder of causes of action is much broader than in New Jersey, as a comparison of the rules of the two jurisdictions will indicate. "The transactions referred to in sections four and six of the Practice Act (1912), include any transactions which grew out of the subject matter in regard to which the controversy has arisen ; as, for instance, the failure of a bailee to use the goods bailed for the purpose agreed, and also an injury to them by his fault or neglect; the breach of a covenant for quiet enjoyment, by the entry of the lessor, and also a trespass to goods committed in the course of the entry; or several torts committed simultaneously as a battery accompanied by slander." (N.J.P. [1912], rule 13). "The plaintiff may join separate causes of action against several defendants if the causes of action have a common question of law or fact and arose out of the same transaction or series of transactions." (N.J.P. [1912], § 6 pt.) The N.J. Practice Act, § 11, provides that "sub ject to rules, the plaintiff may join any causes of action." It will be observed, however, that the rule itself limits such joinder. Last paragraph is inserted to cover CCP § 1687, relating to joinder of real property actions with others, and CCP § 1689, as to joinder of replevin actions with others, and the provision is made general. CCP § 1687 and 1689 are therefore omitted as covered. See CCP $8 1687 and 1689, as follows: " 1687. Joinder of real actions with others. Nothing contained in this title is to be construed, as to prevent the plaintiff from uniting in the same complaint two or more causes of action, in any case specified in section 484 of this act." "g 1689. Joinder of action with others. Nothing in this title is to be so construed, as to prevent the plaintiff from uniting, in the same complaint, two or more causes of action, in any case specified in section 484 of this act." On contract, express or implied-*Directors liability for failure to file report and permitting excessive indebtedness (Motley 13 Mis 758, 35 NYS 184). Foreclose: several chattel mortgages (Griffin 143 NYS 770, afd 162 AD 936, 147 NYS 1114), lien for labor and materials furnished under contract, and for loss of profits by breach of same contract (Cooper 164 AD 64, 149 NYS 433). Labor: and materials, and for extra work (Sheinart 115 NYS 117). performed, and for breach of contract respecting lease (DeWitt 58 How 411). Performance of same contract, causes growing out of (Wright 91 Mis 573, 154 NYS 961). Principal and incidental contracts, claims under (Roth 35 Mis 509, 71 NYS 1080). Recover money paid under contract on grounds that it was obtained by fraud and that defendant refused to perform (Freer 61 NY 492). Setting forth breach of carrier's contract in several counts and alleging negligence (Rothchild 10 NYS 36). With plaintiff for services, like contract with third person assigned to plaintiff, and quantum meruit (Blank 37 Hun 101). For injuries to personalty-Deceit inducing stock subscriptions (Benedict 58 AD 302, 68 NYS 1082). False pretenses inducing execution of bond and realty mortgage, and for conversion of personalty (Silver 50 Supr 236). *Loss under contract for work by subcontractor's breach of agreement to protect work from injury (Lord 165 AD 399, 150 NYS 1000). Statutory liability of corporate officer to stockholder for filing false report, and common law action for fraud (Hutchinson 93 AD 407, 87 NYS 678). Taxpayer's suit to recover moneys illegally obtained by defendants from county for service (Wallace 182 NY 37, rvg 83 AD 152, 82 NYS 449, rvg 92 AD 613, 86 NYS 1149). For personal injuries-False imprisonment and malicious prosecution (Marks 97 NY 590; Ring 45 Mis 493, 92 NYS 749. afd 91 NYS 1110; Warren 17 Mis 86, 39 NYS 830; Thorp 14 Mis 554. 36 NYS 1; Castro 12 F 250), Insecure bridge over excavation in sidewalk, action against adjoining lot owner and city (VanWagenen 7 Hun 328). Slander and assault committed at same time (DeWolfe 6 AD 172, 39 NYS 1029). For injuries to realty Breach of statutory duty to maintain crossing resulting in injury to realty (Thomas 97 NY 245). Individually and as executor, cause in favor of plaintiff (Gould 171 NYS 949). Temporary and permanent injury (Stines 154 AD 276, 138 NYS` 962). Trespass and removal of fixtures (Gans 16 NYS 615). Wrongful entry and taking fish, and wrongful entry and taking muskrats (Whatling 41 Hun 579). Personal and property injuries cannot be joined Action by tenant for damages to personalty and damages caused by trespass (Hall 36 Mis 551, 73 NYS 997), unless arising out of the same transaction. Prior rule (Rodgers 11 Barb 595). Chattels, with or without damages for taking or detention-Replevin, and damages for conversion (Wile 35 Hun 68). Realty in ejectment, with or without damages for witholding Ejectment and mesne profits (Piekelko 65 Mis 365, 119 NYS 847: Vandervoort 36 NY 639), rents and profits (GasLight 51 Hun 19. 5 NYS 459). Recover possession and rents and profits (Clason 129 NY 183), damages for withholding and treble damages (Compton 139 NY 538). On claims against trustee, by contract or operation of law-Against directors to set aside contract, and for accounting (Bosworth 168 NY 157, rvg 57 AD 633, 67 NYS 1133). *Money lost by trustee of savings bank by illegal investments (French 17 Hun 546). On claims arising out of same transaction-Accounting: by age.t's successors individually and as representatives (Rogers 89 AD 435, 85 NYS 981), and damages by negligent audit (Mutual 119 AD 430, 104 NYS 683). *Action on judgment against defendant, and on joint contract of defendant and another (Trusts 146 AD 63, 130 NYS 582). Against: adjoining owner for injury by excavation, and against plaintiff's lessee for refusal to permit adjoining owner to protect property (Mackenzie 6 Mis 153, 26 NYS 873), *bank trustee for illegal investments and on his bond to make up deficiency in assets (French 17 Hun 546), corporation for breach of contract and against liquidator based on his acceptance of appointment and of the corporate assets (Hough 232 F 635), executor for accounting, and for personal judgment for misconduct and violation of duty (Price 10 AbNC 67), *husband and wife to make both liable on a note signed only once by wife (Palen 18 Supr 713), *railroad for injury to property, and against its sureties on bond to pay all damages adjudged against it (Hart 7 NYS 753). *Benefit certificate, recover on, and damages for violation of statute and fraud (Conard 101 AD 611, 93 NYS 626). Breach of contract: *by corporation, and by its successor assuming its liabilities (Automatic 159 AD 656, 144 NYS 1037), *to conduct litigation properly, and statutory damages for wilfully delaying litigation (Barkley 30 Mis 687, 64 NYS 318), *to furnish gas, and assault committed when cutting it off (Hochman 73 Mis 453, 133 NYS 386). *Breach of covenant of quiet enjoyment, and forcible entry of premises and removal of personalty (Keep 56 NY 332). *Breach of partnership dissolution agreement not to manufacture and sell article, and to hold defendant as trustee of patent subsequently obtained (Obermayer 130 NYS 674). Breach of warranty, and personal injury from article warranted (Reed 101 AD 254, 91 NYS 986). By village in behalf of itself and inhabitants to restrain increase of rates (Village 183 NYS 792). Contract: and tort (Grimshaw 15 NYS 857), *of employment by one defendant, and contract for assumption of that defendant's liabili ties by other defendant (Leszynsky 170 AD 514, 156 NYS 494), *to indemnify against negligence (Lord 165 AD 399, 150 NYS 1000). *Conversion and accounting respecting transactions between banker and customer (McDonald 58 How 152). *alienation of affections (Crowell 67 AD 502, 73 NYS 1013). Breach of contract (White 140 AD 529, 125 NYS 366), *for sale of realty (McDonald 58 How 152), *for negligence and misconduct of directors (Schlesinger 60 Mis 442, 113 NYS 578). Conversions by defendant while acting as plaintiff's attorney (Blanck 39 AD 21, 56 NYS 867). Corporate officers, liability of to creditor for failure to file report and filing false report (Bonnell 1 Hun 332). Damages for: fraudulent |