12. The defendant was induced to accept by the fraud of the drawer, who indorsed to the plaintiff without consideration [or, with notice of the fraud, or, overdue]. Particulars of the fraud are as follows:-The drawer, on or about the 15th of May, 1905, falsely and fraudulently stated to the defendant that he had shipped twenty tons of pig iron for the defendant on board the Ajux, which he had not done. 13. The defendant accepted the bill [or, made the note] for and on account of the price of fifty tons of coal to be delivered by the plaintiff to the defendant by the 1st of May, 1905, and the plaintiff failed to deliver the goods. 14. The bill [or, note, or check] was rendered void after issue by a material alteration, viz., by the alteration of the date from the 21st of January to the 2nd of January. App. D. Sec. III. Delivered (Signed) To Actions for any Simple Contract Debts other than Bills, 1. The defendant did not order the goods. 2. The goods were not delivered to the defendant. 7. The defendant [or, A. B., the defendant's agent] satisfied the claim by payment before action to the plaintiff [or, to C. D., the plaintiff's agent] on the of 19 8. The defendant satisfied the claim by payment after action to the plaintiff on the day of (Signed) 19 Delivered App. D. Sec. III. To Actions on Bonds or Contracts under Seal for the Payment of a Liquidated Amount in Money. 1. The bond [or, deed] is not the defendant's bond [or,deed]. 2. The defendant made payment to the plaintiff on the day according to the condition of the bond. 3. The defendant made payment to the plaintiff, after the day named and before action, of the principal and interest mentioned in the bond. Delivered (Signed) In Actions on Guarantees, Whether Under Seal or Not, Where 1. The principal satisfied the claim by payment before action. 2. The defendant was released by the plaintiff giving time to the principal debtor, in pursuance of a binding agreeinent. (Signed) Delivered To any Action of Debt. 1. As to $200 parcel of the money claimed, the defendant is entitled to set off for goods sold and delivered by the defendant to the plaintiff. Particulars are as follows: 1906 Jan. 25. To 20 tons of coal at $4 $ 80.00. Feb. 1. To 30 tons of coal at $4 120.00. $200.00 General Defences. 1. On 5th April, 1905, a brown horse was delivered by the defendant to and accepted by the plaintiff in discharge of the alleged cause of action; [or, on 5th April, 1905, an agreement between the plaintiff and the defendant, whereby it was agreed between the plaintiff and the defendant that the defendant should deliver the cargo of the Mary at the West Side Docks, St. John, N. B., instead of at the Government Pier, as per charter-party of 1st March, 1905, was accepted in discharge of the alleged cause of action]. 2. The defendant was covert at the time of making the alleged contract [or, contracting the alleged debt]. 3. The defendant was an infant at the time of making the alleged contract [or, contracting the alleged debt]. 4. The defendant as to the whole action [or, as to the sum of $ , parcel of the money claimed, or, as to the plaintiff's claim on the guarantee of the 19 or as the case may be], of , has paid into Court $ and says that sum is enough to satisfy the plaintiff's claim, [or, the plaintiff's claim herein pleaded to]. 5. The causes of action were released by deed dated the 1st of May, 1905, between the plaintiff of the first part and the defendant of the second part. 6. The contract was rescinded [or, the defendant was exonerated by the plaintiff] before breach. Particulars are as follows:-An arrangement between the plaintiff and the defendant, made verbally on the 15th of April, 1905, [or, by letter from the defendant to the plaintiff, and answer of the plaintiff dated the 14th and 15th of April, 1905]. App. D. See. III. App. Sec. III. 7. The debt was barred by the Statute of Limitations [state which]. 8. [4th] section of the Statute of Frauds has not been complied with. To Actions for Damages for Breach of Contract or Duty. Appendix C.. Sect IV. 1. The defendant did not contract [or, promise, or, agree] as alleged. 2. The defendant did not receive the goods for the alleged purpose [or, on the alleged terms]. 3. The defendant did not receive the plaintiff as a passenger to be carried as alleged. 4. The defendant did not [insert breaches denied]. 5. The defendant was not ready and willing to accept and pay for the goods [or, to deliver the. goods, or, as the case may be]. 6. There was contributory negligence on the part of the plaintiff. 7. The plaintiff did not pay or tender the money for the carriage. 8. The damage or loss occurred from the inherent vice [or, bad condition when received] of the goods [or, horse, or, as the case may be]. 9. The loss occurred by reason of the excepted perils mentioned in the charter-party [or, bill of lading], that is to say, the perils of the seas, [or, fire, or, as the case may be]. 10. The charter-party was cancelled pursuant to cancelling clause therein, the ship not having arrived at port of loading on or before 1st February, 1906. 11. The alleged liability of the defendant had ceased by reason of cesser clause in the charterparty, the cargo shipped having been worth more at the port of discharge than the freight or demurrage. 12. The loss was not by the perils insured against. 13. The plaintiff was not interested in the subject-matter of the insurance. 14. The ship was not seaworthy at commencement of risk [or, voyage]. 15. The plaintiff was not ready and willing to App. D. Sec. IV. Delivered (Signed) Section V. To Actions claiming Injunctions, Damages, or Declarations of Right, founded upon Wrongs. Appendix O., Sect. V. 1. To all Actions for Wrongs. Denial of the several acts [or, matters] complained of. Delivered (Signed) To Actions for Detention or Conversion of Chattels. 1. The goods [or, chattels, or, as the case may be] were not the plaintiff's. 2. The goods were detained for a lien to which the defendant was entitled. Particulars are as follows: App. D. |