day of....November....A. D....1912, plaintiff....delivered to....defendant, who was....then a common carrier, the following goods of the ...plaintiff. to wit: ....100 sacks of potatoes...., goods which the ...defendant...agreed to carry from...Hammond, Indiana to Indianapolis, Indiana...., and there to deliver them for the....plaintiff....to....John Ward.... The....defendant....failed so to carry or deliver said goods, and the same were wholly lost to the....plaintiff. to....his....damage in the sum of....One Hundred ($100.00).... Dollars, for which sum, with interest from....November fifth....A. D....1912, he prays....judgment against the.... .defendant.... PERRY SMITH 140. Complaint for Libel. .... ....Attorney. (For heading, see No. 137.) ..... .for....Plaintiff... William Ward, plaintiff, complains....of....John Williams, defendant...., and....says....: That the....defendant...., with malicious intent to injure....plaintiff.. on the....seventh.. .day of....September....A. D....1912....wrote and published, or caused to be written and published, of and concerning....plaintiff...., in a certain newspaper called .." The Capital"...., printed and published at....Des Moines, Iowa...., and having a large circulation in said County of....Marion...., wherein ....plaintiff....then and therebefore resided, a certain false and malicious libel and the words and figures following: (Insert copy of libelous matter) to the damage of the....plaintiff....in the sum of....Fifteen Thousand ($15,000.00).... Dollars, for which....he prays....judgment against the ....defendant.... .HARRY PARKS...., ....Attorney....for....Plaintiff........ WILLIAM WARD.... D. (e) (1) Pleadings-Common Law-Declarations. 141. Caption for Additional Counts in Declaration. (For heading, see No. 144.) And now....comes the plaintiff....herein, pursuant to an order of Court entered on the....third....day of....May....A. D....1914...., granting leave SO to do, and....files....this....his....additional ....count....to....his....declaration previously filed herein on the ...fourth. .day of....January....A. D....1914.... See suc Plaintiff complains....of (continue with counts relied on. ceeding numbers according to nature of suit). JOHN FARRELL.. .Attorney....for....Plaintiff.... 142. Caption for Amended Declaration. (For heading, see No. 144.) And now....comes the plaintiff....herein, pursuant to an order of Court entered on the....third....day of....May....A. D.....1914...., granting leave so to do, and....files....this....his.... amended declaration, as follows: (See second paragraph of No. 141). JOHN FARRELL.. ....Attorney....for....Plaintiff.... 143. Caption for Amendment to Declaration. (For heading, see No. 144.) And now....comes the plaintiff....herein, pursuant to an order of Court entered on the....third....day of....May....A. D....1914...., granting leave so to do, and....amends his....declaration as follows, to wit: In the ....fourth.... line of the....second....page of said declaration, after the word....back, interline the words...., to wit: ...."over and to".... JOHN FARRELL. ....Attorney....for....Plaintiff.... 144. Declaration in Assumpsit on the Common Counts with Affidavit. In the....Circuit....Court of....Cook....County. November.... Term, A. D....1914.... ..Oscar Henson, Plaintiff... V. .Frank Wagner, Defendant.......... Gen. No....63125.... ....Plaintiff....in this suit, by....John Farrell, his attorney, complains....of....Frank Wagner, defendant....in this suit, summoned, etc., of a plea of trespass on the case on promises: (1) FOR THAT WHEREAS, The said....defendant...., heretofore, to wit: on the....tenth....day of....August....A. D....1912...., at ....Chicago.. in the County aforesaid, became and....was.... ..indebted to the said....plaintiff....in the sum of.... Three Hundred ($300.00).... Dollars of lawful money of the United States of America, for divers goods, wares and merchandise, by the said....plaintiff....before that time sold and delivered to the said....defendant....and at the special instance and request of the said....defendant... and being so indebted to the said . . . . plaintiff . . . ., the said....defendant...., in consideration thereof, afterwards, to wit: on the....same day and year...., and at the....place aforesaid. · · ·, undertook, and then and there faithfully promised the said....plaintiff...., well and truly to pay unto the said....plaintiff....the sum of ... money....last....mentioned, when the said....defendant....should be thereunto afterwards requested. (2) AND WHEREAS, The said....defendant....afterwards, to wit: on the....sixth....day of.... September....A. D....1914...., and at the ....place aforesaid...., in consideration that the said....plaintiff....had before that time, at the special instance and request of the said....defendant...., sold and delivered to the said....defendant....divers goods, wares and merchandise of the said....plaintiff...., the said....defendant.... then and there undertook, and faithfully promised the said.... plaintiff.... that the said....defendant....would well and truly pay to the said ....plaintiff....so much money as the....last....aforesaid goods, wares, and merchandise, at the time of the sale and delivery thereof, were reasonably worth when the said....defendant....should be thereunto afterwards requested; and the said.... plaintiff avers....that the said goods, wares and merchandise....last....mentioned, at the time of the sale and delivery thereof were reasonably worth the sum of.... Three Hundred ($300.00).... Dollars, of....like....lawful money as aforesaid, to wit: at the....place aforesaid.. .... whereof the said....defendant....afterwards, on the....same day and year.. and at the....place aforesaid.. had notice. (3) AND WHEREAS, The said....defendant...., afterwards, to wit: on the....same day and year... and at the....place aforesaid was.... indebted to the said....plaintiff....in the....further....sum of.... Two Hundred ($200.00)....Dollars, of....like....lawful money as aforesaid, for money before that time lent and advanced by the said....plaintiff.... to the said....defendant....and at the request of the said....defendant.... And in the sum of - - for other money by the said....plaintiff........ before that time paid, laid out and expended for the said.... .defendant.... and at the request of the said........defendant........ And in the sum of other money by the said.....defendant.....before that time had and received to and for the use of the said....plaintiff.... And in the sum of for other money before that time and then due and owing the said ....plaintiff....for interest upon and for the forbearance of divers other sums of money before that time and then due and owing from said ....defendant....to said....plaintiff.... And in the sum of for the price and value of work then done and material for the same provided by the said....plaintiff....for the said....defendant....and at the special request of the said....defendant.... And being so indebted, the said .defendant....in consideration thereof, afterwards, to wit: on the ....same day and year...., and at the....place aforesaid....undertook, and then and there faithfully promised the said....plaintiff....well and truly to pay unto the said....plaintiff....the several sums of money in this count mentioned, when the said....defendant....should be thereunto afterwards requested. .... for (4) AND WHEREAS, The said....defendant...., afterwards, to wit: on the....day and year last aforesaid... and at the....place last aforesaid.... accounted together with the said....plaintiff....of and concerning divers other sums of money, before that time due and owing from the said....defendant....to the said....plaintiff....and then and there being in arrears and unpaid, and upon such accounting the said....defendt....then and there....was....found to be in arrears and indebted to the said.... plaintiff....in the.... .further....sum of.... One Hundred ($100.00)....Dollars of....like....lawful money as aforesaid. And being so found in arrears and indebted to the said....plaintiff....the said....defendant....in consideration thereof afterwards, to wit: on the....day and year last aforesaid...., and at the....place last aforesaid... undertook and then and there faithfully promised the said....plaintiff....well and truly to pay unto the said....plaintiff....said sum of money....last.... mentioned, when the said....defendant....should be thereunto afterwards requested. NEVERTHELESS, The said....defendant.... (although often requested, etc.)....has....not yet paid the said several sums of money above men. tioned, or any or either of them, or any part thereof, to the said....plaintiff.. but to pay the same or any part thereof to the said....plaintiff.... the said...defendant has...hitherto altogether refused, and still...does... refuse, to the damage of the said.....plaintiff.....of.....One Thousand ($1,000.00).....Dollars, and therefore the said..... .plaints brings........... suit, etc. JOHN FARRELL.. ....Plaintiff's Attorney.... COPY OF ACCOUNT SUED ON. ....Frank Wagner.... To....Oscar Henson...., Dr. To goods, wares and merchandise, sold and delivered, To money lent and advanced, To money paid, laid out, and expended, $ To money had and received, to and for the use of said ....Oscar Henson...., being duly sworn, ...says.. ...that the demand of the.... plaintiff. .in the above entitled cause is for....money due and owing plaintiff for goods sold and delivered, money lent and on account stated...., and that there is due to the....plaintiff....from the....defend ant...., after allowing to....him....all just credits, deductions and setoffs, the sum of....Six Hundred ($600.00)....Dollars. OSCAR HENSON........ NOTE. Add acknowledgment before authorized official. See No. 17. Only such counts—(1), (2), (3), (4)—or variations of any count, should be used as there is a possibility of proving, but it is often advantageous to allege the same amount to be due in several different ways, for proof in one way may fail where the amount could be proved in another way. Goods may be delivered at request of defendant, but he may never have promised to pay for them. He could be held, however, on the count for reasonable value, if such count were included. This is the advantage of using both counts. 145. Declaration in Assumpsit for Refusal to Accept Goods. In the....Circuit....Court of....Kane.......County, The American Leather Co., a corporation, Plaintiff .... Gen. No....29312.... V. ....Henry Jones, defendant.... ....The American Leather Company, plaintiff...., by....Jones & Jenkins, its attorneys, complains....of....Henry Jones, defendant...., of a plea of trespass on the case on promises: .... FOR THAT WHEREAS, The....defendant...., on the....fifth....day of....July....A. D....1914...., in the County aforesaid, bargained for and bought of the....plaintiff. ..... and the....plaintiff....then and there sold to the....defendant...., at....his....request, a large quantity, to wit: .One thousand (1,000) feet of cowhide leather.... .at the price of ....twenty (20¢) cents per foot...., to be delivered by the....plaintiff.... to the....defendant....in....a month....from that date at....Kankakee, Kankakee....County, ....Illinois. ..., and to be paid for by the....defendant....to the....plaintiff....on the delivery thereof as aforesaid; and in consideration thereof, and that the..... plaintiff.....had promised the ....defendant...., at....his....request, to deliver the said....leather.... to....him....in the time and at the place aforesaid, the....defendant.... thereupon on the day first aforesaid, in the County aforesaid, promised the ....plaintiff....to accept the said....leather....from....it....and to pay said....company....for the same on the delivery thereof as aforesaid: And although the. plaintiff within a month next....after making of the said promise by the....defendant...., to wit: on the....first....day of....August....A. D....1914...., at....Kankakee, Illinois...., aforesaid, was....ready and willing and tendered and offered to deliver the said ...leather....to the....defendant...., and then and there requested .... ... |