[Money lent.] On or about the plaintiff lent to defendant the sum of 19, day of tion, add, borrowed by it to be used in-stating object within its business or special powers], in cash, which said sum, less dollars which is the only part thereof which has been repaid to interest thereon from said date, plaintiff, [with dollars amounting in the whole to defendant to plaintiff.78 of dollars] is now justly due from day [--or thus:] Plaintiff lent to defendant, on the 19 dollars to aid in purchasing a lot in [designating location], no part of which has been repaid, and which is now justly due and owing with interest.74 -or thus:] Plaintiff lent defendant at various times, be [——the same where note has been given.] The defendant has, from time to time, borrowed of the plaintiff the following sums of money [stating them, with dates as nearly as practicable] that no portion of said sums has been paid, and there is now justly due plaintiff from the defendant the sum of [fifteen hundred] dollars, the amount of cash so borrowed, for which plaintiff holds the note of the defendant, of which the following is a copy [setting forth copy] upon which the sum of dollars of interest has accrued to this date.76 [For loan of credit by assuming assumed the payment of the sum of said day of dollars, made by me, payable to the order of M. N., at the 19 and indorsed by the said M. N. and one O. P., was paid and taken up.' Supp. 587. Variances held immaterial: Robinson v. Hawley, 45 App. Div. 287, 61 N. Y. Supp. 138; Fuller r. Straus, 44 App. Div. 348, 60 N. Y. Supp. 717; First Nat. Bank r. Carleton, 43 App. Div. 6, 59 N. Y. Supp. 635. 73 This form is sustained by Johnston v. McAusland, 9 Abb. Pr. 214. 74 This form is supported by Frost v. Koon, 30 N. Y. 428. 75 This form is supported by Frost v. Koon, 30 N. Y. 428; but it is desirable to state the amounts and dates 77 of the various loans, and separate the principal from the added interest, if any. To say that the amount confessed is "a balance due of various sums of money loaned and includes interest" is wholly insufficient. Wood v. Mitchell, 117 N. Y. 439. 76 Sustained by Ely v. Cook, 28 N. Y. 365, 2 Abb. Ct. App. Dec. 14; Mather v. Mather, 38 App. Div. 32, 55 N. Y. Supp. 973. 77 Sustained by Lanning v. Carpenter, 20 N. Y. 447. [——a shorter form.] The plaintiff has assumed for the defendant the payment of the sum of dollars, due from defendant to M. N., for which the defendant has given to the plaintiff a note made by said defendant for dollars, payable days from the day of [For goods sold.] The plaintiff, at various times between the day of 19 and the day of 19 sold and delivered to me large quantities of [here indicate nature of goods, as, meat, or, cloths, trimmings, and other furnishing goods] of the aggregate value of dollars; that upon such sales I have paid only the sum of now justly due to him on account thereof, a balance amounting to dollars, with interest thereon from the 19 .80 dollars and there is day of [On an account.] The plaintiff lent moneys [or, sold and delivered, designating articles] to me, at various times within the last years, as per the schedule annexed,81 upon which there have been made by me the payments indicated in said schedule, and there is now due [ dollars, with dollars interest 19 amounting together thereon from the day of 78 Sustained in Ely v. Cook, 28 N. Y. 365, 2 Abb. Ct. App. Dec. 14. 79 While a general statement that it was "goods, wares, and merchandise seems to have been held enough in Gandall v. Finn, 2 Abb. Ct. App. Dec. 232, the decision is of doubtful authority in view of later rulings. See Bradley v. Glass, 20 App. Div. 200, 46 N. Y. Supp. 790. 80 This form is sustained in Neusbaum v. Keim, 24 N. Y. 325; Read v. French, 28 N. Y. 285; Schoolcraft r. Thompson, 9 How. Pr. 61; Lyon v. Sherman, 14 Abb. Pr. 393; and McKee v. Tyson, 10 Abb. Pr. 392. But it would be insufficient, if it did not show within what period the goods were furnished. Mckee . Tyson (above). It is well settled that a mere general statement of indebtedness for goods sold is not sufficient, even though it were sufficient to sustain a judgment in an action. See Bradley v. Glass, 20 App. Div. 200, 46 N. Y. Supp. 790; Blackmer v. Greene, 20 App. Div. 532, 47 N. Y. Supp. 113, aff'd, 154 N. Y. 749; Moody v. Townsend, 3 Abb. Pr. 375. or It is not necessary to state that the price was not paid, or that it is justly due or to become due. Lanning v. Carpenter, 20 N. Y. 447. 81 Set forth the items and dates, and the amounts if loans, or values if merchandise. Sustained by Clements v. Gerow, 1 Abb. Ct. App. Dec. 370, where it was held that omission 19, the plaintiff loaned and advanced to me divers and sundry sums of money which I agreed to repay them with interest, and also did and performed work, labor, and services for me in selling merchandise for me upon commission and guaranteeing the accounts of the same; on 19, I had an adjustment of accounts with said plaintiff concerning all the said matters, whereby it was found that I was justly indebted to him in the sum of dollars, which sum he thereupon demanded from me, and which amount I agreed to pay to him; no part, however, of said sum has been paid, and there is still due and owing to him from me the full and true sum of dollars, with interest from said [For purchase money of lands.] On the at land in the town of day of the plaintiff sold and conveyed to me a piece of known as follows: [very brief description] for which I then promised to pay him said dollars, no part of which has been paid and the whole thereof is justly due and owing. [On a promissory note.] On a promissory note given by me to said plaintiff [or, to M. N., and transferred to and now owned by said plaintiff] dated on the 19, ing been lent me by said day of 19, payable dollars, that amount of money hav is this day due the sum of [a fuller form.] On the and upon which said note there dollars.8 83 I made and delivered to the plaintiff my promissory note [or, my acceptance of a bill of exchange], of which the following is a copy: [give copy, and state the indebtedness for which note was given, e. g., thus] The consideration of said note [or, acceptance] was a loan of dollars made by the plaintiff to 19, at which sum me, on the I then and there promised to repay, with interest, within to annex the schedule was not fatal. Doubtful validity, under later decisions if schedule omitted. See Wood v. Mitchell, 117 N. Y. 439. 82 Sustained in Critten v. Vredenbergh, 151 N. Y. 536. 83 Adapted from Anderson v. Shutts, 114 App. Div. 308; Lanning v. Carpenter, 20 N. Y. 447, and Freligh v. Brink, 22 N. Y. 418. If practicable, state when lent, and the sum; and if for a specific purpose, state it, dol months thereafter [or, on demand], and to secure the payment of which sum said note [or, acceptance] was given. 84 [The same, defendant the payee.] That said note was duly discounted by the plaintiff, and the proceeds thereof paid to and retained by me; that said note was not paid at its due date, and was duly protested by said plaintiff and I was given due notice thereof; that said note remains wholly unpaid and there is due from me to plaintiff thereon the sum of dollars. 85 [The same; plaintiff a transferee of note.] That prior to 19 I was indebted to M. N. for money loaned to me by him, and for interest accrued thereon; that on said date the amount due was adjusted and fixed between us at the sum of dollars, for which I gave my note to said M. N., bearing date on said day, and payable to the order of said M. N. months after date, with interest. A copy of said note is as follows: [copy]. That prior to the date of this confession of judgment said note has been, for value received, transferred by said M. N. to the above-named plaintiff, who is the owner and holder thereof. That no part of said note, or the sum due thereon, or accrued interest, has been paid by me, and the whole amount thereof, to-wit, dollars principal, and accrued interest is due and owing by me.86 day of 19 I [On a bond.] On or about the gave to the plaintiff my bond, dated on that day, in the sum of dollars, to secure the said sum of dollars which was the balance of purchase-money for certain mill property, in [For services of an attorney.] On or about the day of 19 the plaintiff, being an attorney-at-law, was retained by me to sue [or, to defend a suit brought by] one M. N., and between the of 19 day of 19 and the day plaintiff rendered professional services to me in said actions [indicating, if convenient, what judgment was 84 A confession of judgment on a promissory note is not enough without stating the facts constituting its consideration, and the consideration should be stated, if practicable, with the same detail which would be desirable in case of a confession of judg ment for the original consideration, had no note been given. Chappel v. Chappel, 12 N. Y. 215; Moody v. Townsend, 3 Abb. Pr. 375. 85 Adapted from First Nat. Bank v. Carleton, 43 App. Div. 6, 59 N. Y. 86 From Wild v. Porter, 22 App. Div. 179, 47 N. Y. Supp. 1036, 59 App. Div. 350, 69 N. Y. Supp. 839, aff'd, 173 N. Y. 614. 87 Sustained by McDowell v. Daniels, 38 Barb. 143. 88 Sustained by Stebbins v. East Society of M. E. Church, 12 How. Pr. 410. recovered, if any, and where docketed], which services were reasonably worth dollars, interest whereon to this date is dollars, and upon which I have made no payment. [For balance due on judgment.] There is a balance due from me on three several judgments in the Supreme Court in favor of plaintiff against me, which judgments were docketed 19, and were obtained upon notes discounted by the Bank, of to me. 89 county, for the defendants, and the avails paid [For debt not yet due.—As above and stating when to become due, adding:] And this confession of judgment is made to secure the plaintiff in case of nonpayment of the said sum when due.90 [On the contingent liability to an accommodation indorser.] A note made by me for dollars, payable at the [naming the bank]. and bearing date on or about the 19 was benefit91 [and day of 19 and due on or about the day of indorsed by the plaintiff before its maturity for by me negotiated to M. N., of my 92]. the city of [The same of a draft.] My draft upon [naming drawees], of able at sixty days from date, for day of dollars, and indorsed by said A. B. [the plaintiff] as my surety and for my benefit.93 at of an acceptance.] On the day of the plaintiff accepted a bill of exchange for dollars, made by me, dated the payable day of days after the date thereof, to my order, and then and there delivered said acceptance to me to be used for my |