The defendant, answering the complaint of the plaintiff herein, denies each and every allegation in said complaint contained. The defendant answers [or, if only a part of the defendants join, the defendants A. B. and C. D. answer] the complaint of the plaintiff herein, and denies generally and specifically each and every allegation in the said complaint contained. § 434. General denial as to part of a pleading. [TITLE.] Form No. 106. The defendant answers to the complaint: I. That he denies each and every allegation contained in the paragraphs numbered . . . and on folios . . . and . . . of ... plaintiff's complaint. § 435. General denial of one of several causes of action. [TITLE] Form No.107. The defendant answers to the first cause of action contained in the complaint herein, and denies each and every allegation in the complaint respecting the same. The defendant answers to the complaint, and denies each and every allegation contained in the [third and fifth] articles thereof. The defendant answers to the plaintiff's complaint: That he denies that he contracted or agreed with the said plaintiff in manner or form as alleged in the complaint, or in any manner or form, or at all. The defendant answers the complaint, and denies: That he ever promised [or warranted or covenanted], as alleged in the complaint [or that he ever made the agreement mentioned in the complaint, or any agreement, at any time or place]. The defendant answers to the plaintiff's complaint: I. That he did not make with said plaintiff the said agreement by the said plaintiff set forth and alleged in his said complaint, and denies each and every allegation in said complaint in regard thereto. § 440. Controverting conditions precedent. [TITLE.] Form No. 112. The defendant answers the complaint, and denies: That the plaintiff did perform the conditions precedent to said [contract] on his part to be performed, or any one of them, or at all, or that he made any deposit or tender, or [state what, as in contract required]. The defendant answers the complaint, and denies: That the deed mentioned therein is his deed, or that the defendant did execute such deed to plaintiff as alleged, or that the defendant did convey to the plaintiff the possession [or equity of redemption] in said premises as alleged, or at all. The defendant answers to the complaint, and denies: That the said promissory note [or deed] was executed or delivered by the plaintiff, on the condition and understanding alleged, but avers that it was delivered by him absolutely and without condition. P. P. F. Vol. I-18 The defendant answers to the complaint, and denies: That the plaintiff demanded the proceeds of the goods therein mentioned before the commencement of this action. The defendant answers to the complaint, and denies: That the representations alleged to have been made by the defendant to the plaintiff were false; but on the contrary thereof, avers that said representations and each of them were and are true. The defendant answers to the complaint, and denies: That he made the said representations in manner and form as the same are in the said complaint alleged, or otherwise, or at all. The defendant answers to the plaintiff's complaint, and denies: That he [obtained the said deed from the plaintiff] by fraud and misrepresentation, in manner and form as the said plaintiff hath in his said complaint alleged, or by any fraud or misrepresentation whatever. § 447. Special denial of part performance. [TITLE.] Form No. 119. The defendant answers to the complaint, and denies: I. That he put plaintiff into or consented to plaintiff's taking possession of the said premises, under and in part execution of the said pretended sale and contract of the said premises, as charged in said complaint, or at all. II. The defendant avers that the said . . ., of his own wrong: and without the license and against the consent of said defendant, entered into said premises, and occupied and improved the same. The defendant, answering the complaint, denies: That the said [naming them] were partners, as alleged, [or that the said A. B. was a partner with the said [naming them] as assigned]. The defendant, answering the complaint, denies: That he made the representations alleged, or any or either of them. The defendant, answering the complaint, denies that he sold the The said defendant answers to the complaint of plaintiff: And denies that he received the said . . ., in said complaint mentioned, for the purposes and on the trusts aforesaid, or any of them, or in trust at all, in manner alleged in said complaint, or in any manner. The defendant answers to the complaint of plaintiff: I. That the said plaintiff did not deliver, and the said defendant did not receive, the said [describe what] in the said complaint mentioned, upon the trust and confidence therein alleged. II. The said defendant avers that he received the same as and for his own property, absolutely, and without any trust thereto attached. DENIALS RELATING TO CAPACITY TO SUE. § 453. Denial of assignment. [TITLE.] Form No. 125. The defendant [upon information and belief] denies that the said [alleged assignor] on the... day of . . ., 19.., or at any other time, assigned or transferred to the plaintiff the said note and mortgage [or, in case of a mere claim or cause of action, the said claim or cause of action] described in the complaint, and denies that the plaintiff was or is the holder or owner thereof. [If the execution of a formal instrument of assignment is alleged in the complaint, the above form should be varied so as to deny that the alleged assignor on the . . . day of . . ., 19.., or at any other time, executed or delivered to the plaintiff the alleged assignment of the said note and mortgage, or claim, as in said complaint alleged, etc.] § 454. Allegation of payment to assignor without notice. [TITLE.] Form No. 126. That on or about the . . . day of . . ., 19.., and prior to the commencement of this action, the defendant, without knowledge. or notice of the alleged assignment of the said note [or, claim] described in the complaint, paid to the said assignor the full amount due thereon [or, the sum of . . . dollars], which was accepted and received by the said [assignor] in full payment and discharge of said note [or, claim; or, cause of action]. The defendant, further answering the complaint, expressly denies that the said A. B. and C. D. were or are now partners, as alleged in said complaint, and, on the contrary, alleges that the said A. B. and C. D. were not at the time of the commencement of this action and are not now partners. [Or, that the said A. B. was not and is not a partner with the said, naming the others.] [Add verification.] |