The Rules of Pleading Under the New York Code And the Codes of Other States : And the Practice Relating to Pleading : With An Appendix of Forms

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Y. Supp. 430.
232Groce v. Jenkins, 28 S. C. 172; Ottoman v. Fletcher, 23 Abb. N. Cas.
430; 10 N. Y. Supp. 128; ante, p. 49. If not entirely in writing it may be pleaded as a parol contract. Louisrille, etc., R. Co. v. Reynolds, 118 Ind. 170.
233Sandford v. Halsey, 2 Denio 235, 253; Henry v. Cleland, 14 Johns.
400; Williams v. Healey, 3 Denio 363; Logan v. Berkshire Apartment Ass'n., 46 St. Rep. 14; 18 N. Y. Supp. 164.
234 Johnson v. Robinson Consolidated Min. Co., 13 Colo. 258.
235'Evarts V. Sm
...ucker, 19 Neb. 41; Lanitz v. King, 93 Mo. 513; Baldwin V. Munn, 2 Wend. 399; Langworthy v. Smith, 2 Wend. 587; Philips v. Rose, 8 Johns. 392 ; Holmes v. Holmes, 9 N. Y. 525, 528.
The Complaint oe Petition. 185 Alleging a consideration.
of is as to the portion unchanged. ^^^ If the original agreement has been wholly superseded by a new contract, it is unnecessary and improper to refer to the original in the complaint.''''^ If the action is brought upon a contract which is prohibited and made indictable by the laws of this State, the plaintiff should aver that the contract was made at a place without the State, and that by the laws of the place where the contract was made such contracts were authorized.


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