Form No. 970. By assignee of claim, for conversion and dam ages 1596 Form No. 971. By seller against fraudulent buyer of goods... 1596 1597 Form No. 973. For conversion of a promissory note.......... 1597 Form No. 974. For conversion of a bond... 1598 Form No. 975. By executor [or administrator), for conversion 1598 Form No. 978. For malicious conversion, and damages result Form No. 981. Denial of ownership Form No. 982. Denial of assignment of cause of action....... §409. Annotations 1602 1602 1603 .. $407. COMPLAINTS [OR PETITIONS]. FORM No. 968-For conversion. (Common form.) [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. That on the day of 19, the plaintiff was lawfully possessed of [give brief description of goods), as of his own property, of the value of $ 2. That on said day, at the defendant took and carried away the said goods, and unlawfully converted and disposed of the same to his own use, to the damage of the plaintiff in the sum of $ [Concluding part.] FORM No. 969-Goods in defendant's possession. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. That on the day of , 19 , plaintiff was the owner of and was then [briefly describe property], of the value of $ entitled to the immediate possession thereof. , the defendant, then being in possession of said goods, unlawfully converted and disposed of the same to his own use, to the damage of the plaintiff in the sum of $ [Concluding part.] FORM No. 970-By assignee of claim, for conversion and damages. [Title of court and cause.] Plaintiff complains of defendant, and for cause of action alleges: 1. That before and until the time first hereinafter mentioned, one C. D. was lawfully possessed of [or was entitled to the immediate possession of (describe goods),] the property of the said C. D., of the value of $ 2. That on the day of , 19 , at the defendant, being then in possession of said goods, unlawfully converted them to his own use, to the damage of the said C. D. in the sum of $ 3. That on the day of , 19 the said C. D. assigned to the plaintiff his claim against the defendant for damages for said conversion. [Concluding part.] FORM No. 971-By seller against fraudulent buyer of goods. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. That on the , 19 at , , the defendant day of falsely and fraudulently represented to the plaintiff that one C. D. was solvent, and worth $ over all his liabilities. 2. That the plaintiff, relying on said representations, was thereby induced to sell to the said C. D. [description of goods], of the value of $ 3. That the said representations were false, and were then known by the defendant to be so, and were made by him with intent to deceive and defraud the plaintiff. 4. That the defendant having so obtained possession of said goods from the plaintiff, unlawfully converted and disposed of them to his own use, to the damage of the plaintiff in the sum of $ [Concluding part.] FORM No. 972-Goods taken from possession of bailee. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. That at the time hereinafter mentioned the plaintiff was and still is the owner of [describing the goods), said goods being then in the possession of C. D., with whom the plaintiff had left the same for safe-keeping [or otherwise, as the case may be]. 2. That on the day of , 19 , the defendant wrongfully took said goods from the possession of the said C. D., and still detains the same from the plaintiff without his consent, to his damage in the sum of $ of 3. That thereafter, and before this action, to wit, on the , day , 19 the time which the said C. D. was safely to keep said goods had expired, and thereupon the plaintiff became entitled to the immediate and exclusive possession thereof. [Concluding part.] FORM No. 973-For conversion of a promissory note. [Title of court and cause.] , 19 at , , Plaintiff complains of defendants, and for cause of action alleges: 1. That on the day of the plaintiff executed his promissory note, of which the following is a copy: [Insert copy]; which note was made and delivered by the plaintiff to C. D. without consideration, and for his accommodation, and with the special purpose and agreement between the plaintiff and said C. D. that [set out purpose]. 2. That said note was thereafter offered by said C. D. to the Bank of for discount; that said bank refused to discount the same, and returned it to the said C. D., whereupon the plaintiff became entitled to its possession. 3. That thereafter, but before maturity of the note, the defendant W. X., without the knowledge or consent of the plaintiff or of C. D., unlawfully took the said note from the possession of C. D. and delivered it to the defendant Y. Z., and that the defendants thereupon converted and disposed of it to their own use, whereby the plaintiff was compelled to pay said note, to his damage in the sum of $ [Concluding part.] FORM No. 974-For conversion of a bond. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. That on the day of , 19 at , , one C. D. was the owner of a certain bond, a copy of which is hereto annexed, marked "Exhibit A," and made a part of this complaint, and by his agent, at the request of the defendant, deposited it with the defendant for the purpose of [set out purpose for which deposited]. , 2. That after a reasonable time for [set out purpose), and on the day of 19 , at , the said C. D. demanded from the defendant the said bond or its value, but the defendant refused either to return it or to pay its value to the said C. D., to his damage in the sum of $ 3. That on the day of , 19 at , , the said C. D. duly assigned said bond to the plaintiff, together with all his right of action against the defendant and all other persons to recover its value or its possession or damages. $ 4. That the value of said bond at the time of said demand was [Concluding part.] FORM No. 975-By executor [or administrator], for conversion. [Title of court and cause.] Plaintiff complains of defendant, and for cause of action alleges: 1. [As in paragraph 1, form No. 970.] 2. [As in paragraph 2, form No. 970.] 3. That the said goods were at the date of the taking and wrong ful detention thereof aforesaid [and now are] of the value of $ 4. That thereafter, and before the commencement of this action, the said C. D. died testate (or intestate], and on the day of , , 19 after due proceedings had, letters testamentary [or of administration] upon the estate of said C. D., deceased, were, by an order duly given and made by the court of the county of of this state, ordered issued and granted to the plaintiff upon his qualifying as such executor [or administrator]; that the plaintiff thereafter and thereupon duly qualified as such executor [or administrator], and entered upon the discharge of the duties of said officer, and he now is such executor [or administrator]. , 5. [Aver demand, except where taking is wrongful, as follows: "That on or about the day of 19, the said C. D. (or the plaintiff) demanded the delivery of said goods from the defendant, but defendant then and ever since has refused to deliver the same."] [Concluding part.] FORM No. 976-Against an attorney, for conversion of money collected. (In Fletcher v. Cummings, 33 Neb. 793; 51 N. W. 144.) [Title of court and cause.] Plaintiff says that this case comes into this court on appeal from a judgment of the county court of this county; that on the of , , day 19 defendant had in his possession money collected by him as the attorney for this plaintiff, the property of the plaintiff, in the sum of $145; that defendant was entitled to retain of the amount the sum of $ for services rendered this plaintiff, and no more, and plaintiff was entitled to the immediate payment of the remaining sum of $ ; that on the day of 19 the defendant converted said sum of [stating the amount of said surplus] to his own use, and neglected and refused to pay the same to the plaintiff, though requested so to do. the defendant has paid thereon the sum of $ , , , Since the judgment on this case was rendered in the county court and no more. There is now due from the defendant to the plaintiff, of said money wrongfully converted by the defendant to his own use, the Wherefore, plaintiff prays judgment against the defendant for said sum of $ sum of $ with interest as aforesaid and costs. , A. B., Attorney for plaintiff. FORM No. 977-Against warehouseman, for conversion and damages. (In Shedoudy v. Spreckels Bros. C. Co., 9 Cal. App. 398; 99 Pac. 535.) [Title of court and cause.] Comes now the plaintiff in the above-entitled action, and for cause of action and by way of amended complaint complains of the defendant and alleges: |