....him....to accept the same, and to pay therefor as aforesaid, yet the ........defendant....did not nor would then or at any time before or afterward, accept the said....leather...., or any part thereof, from the ...plaintiff.... or pay....him....for the same as aforesaid, but refused so to do; WHEREFORE, and on account of the....defendant's....said refusal, ....plaintiff was....forced to re-sell the goods at a loss and....has.... incurred expense in regard thereto to the extent of....Three Hundred ($300.00).... Dollars, wherefore.... .plaintiff prays....judgment in the sum of....Five Hundred ($500.00).... Dollars. Circuit....Court, ....Cook.... County, ....October.... Term, A. D........ .1914.... ...Henry Mark and John Friend, partners, doing business as Mark and Friend, Plaintiffs... V. .Mutual Fire Insurance Company of New Jersey, a corporation, Defendant.... › Gen. No....63745.... ...Henry Mark and John Friend, plaintiffs....in this suit, who, at the time the liability hereinafter mentioned accrued, ....were and ever since have been partners, under the firm name and style of Mark and Friend.. by....Frank Maxwell, attorney, complain....of....Mutual Fire Insurance Company of New Jersey.. the....defendant. which....is a corporation, organized and existing under the laws of the State of New Jersey.... and....which has....been duly summoned, of a plea of trespass on the case on promises: FOR THAT WHEREAS, Heretofore, to wit: on the....fourth.... day of ..August....A. D....1912....., at.....Cook.....County aforesaid, the ...plaintiffs were....interested in and.... were....the....owners....of the property mentioned and described in the policy of insurance hereinafter set forth, which was of the value of.....Seven Thousand ($7,000.00)... Dollars, and so continued to be until the destruction of the same by fire, as hereinafter mentioned; and the said....defendant....on the same day, in consideration of a premium in money then and there paid to it therefor by the....plaintiffs... made and delivered to the.... plaintiffs... ...a policy of insurance, of which the following is a true copy, and thereby undertook and promised as is therein set forth, to wit: (Insert copy of policy here.) And the.... plaintiff's aver....that afterwards, and before the expiration of the time limited in said policy, to wit, on the..... fifth.....day of . . . . July. . . . A. D....1913...., the said property was accidentally, and by misfortune, totally consumed by fire, of which loss the said....plaintiffs.... forthwith gave notice to the....defendant.... in writing, and as soon as possible thereafter, to wit: on the....same day.. delivered to the....defendant....a particular account thereof under....their....hand and verified by ....their.... oath, and did at the same time declare on oath what other insurance had been made on the same property, giving a copy of the written portion of each of said policies, and stating the whole value of the property insured, and the manner in which the....building....in which the loss occurred....was....occupied at the time of the loss, and who were the occupants, and how the fire originated, and did also at the time deliver to the ....defendant....a certificate, under the hand and seal of a notary public most contiguous to the place of said fire, not concerned in said loss nor related to the....plaintiffs...., that he, said notary, was acquainted with the character and circumstances of the....plaintiffs...., and verily believed that....they....really, and by misfortune, had sustained by said fire loss and damage to the amount of....Seven Thousand ($7,000.00).... Dollars, and did duly perform all the acts and things required of.... them....by said policy, and the....defendant....then and there received and accepted said proofs as satisfactory, and waived all objection thereto. .. YET the said....defendant...., although often requested, and though more than....sixty days.. .have elapsed since the delivery of said proofs of loss, ..has....not paid the said money or any part thereof to the ....plaintiffs...., but to pay the same has neglected and refused, to the damage of the....plaintiffs....in the sum of....Ten Thousand ($10,000.00).... Dollars, and therefore....they bring....suit, etc. FRANK MAXWELL....... Plaintiffs' Attorney. 147. Declaration in Assumpsit for Breach of Promise to Marry. In the....Circuit....Court of....Will....County, ..Helen Warren, Plaintiff..... V. William Warner, Defendant.. . Gen. No....161257.... Helen Warren...., plaintiff, by....Tucker Frazer, her attorney... complains of....William Warner...., defendant, of a plea of trespass on the case on promises: FOR THAT WHEREAS, The defendant on the....first....day of ...December....A. D....1912...., in consideration that the plaintiff, being then unmarried, had then and there promised the defendant, at....his....request, to marry.... him...., when....she...., the plaintiff, should be thereto requested, the defendant promised the plaintiff to marry ....her...., when....he....should be thereto requested: And the plain tiff avers that....she...., confiding in the said promises of the defendant, has always from thence hitherto remained and still is unmarried, and has been for all the time aforesaid, and still is ready and willing to marry....him.... Yet although the plaintiff, after the making of the said promises by the defendant, to wit, on the day aforesaid, then and there requested the defendant to marry....her...., the defendant did not nor would then, or at any time before or afterward, marry the plaintiff, but refused so to do; to the damage of the plaintiff in the sum of....Ten Thousand ($10,000.00).... Dollars, wherefore....she....brings this suit. TUCKER FRAZER. ....Attorney....for the Plaintiff 148. Declaration in Assumpsit on Promissory Note with Confession (Narr and Cognovit). (For heading, see No. 144.) ..Oscar Henson, plaintiff....in this suit, by....Williams and May, his attorneys, complains....of....Frank Wagner, defendant....in this suit, of a plea of trespass on the case on promises: ..... FOR THAT WHEREAS, The said....defendant...., heretofore, to wit: on the....fifth....day of....August....A. D....1912...., at....Chicago... in the County aforesaid, made....a....certain....instrument.... in writing, commonly called....a promissory note...., bearing date the day and year last aforesaid, and then and there delivered the said........note...... to the said....plaintiff.. in and by which said....note....the said ...defendant....by the name, style, and description of....Frank Wag ner.... ... ..... ...promised to pay to the order of said....plaintiff...., the....sum.... of....One Thousand ($1,000.00)....Dollars, with interest at the rate of ..five....per cent per annum until maturity and at the rate of...seven... per cent per annum after maturity, for value received. By reason whereof, and by force of the statute in such case made and provided, the said ....defendant....became liable to pay to the said....plaintiff....the said ....sum....of money in the said....note....specified, according to the tenor and effect of the said....note....; and, being so liable, the said.... ..defendant...., in consideration thereof, afterwards, to wit: on the....same 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 ....the said.. ....sum....of money in the said....note....specified, according to the tenor and effect of said ....note.... YET the said....defendant... although often requested, etc., ...has... not yet paid the said....sum....of money, or any part thereof, to the said ....plaintiff...., but so to do....has....hitherto wholly refused, and still ...does....refuse, to the damage of the said....plaintiff ....in the sum of ....Two Thousand ($2,000.00)....Dollars, and therefore....he....brings suit, etc. WILLIAMS AND MAY.... ....Plaintiff's Attorneys.... ....Superior.... .....Oscar Henson... V. ...Frank Wagner. tiff. ... COGNOVIT. AND THE SAID....Frank Wagner, defendant....in the above entitled suit, by....Johnson and Ward, his attorneys, comes....and....defends.... the wrong and injury, when, etc., and.... waives....service of process, and ..says....that....he....can not deny the action of the said....plain....9 nor that. ...he...., the said....defendant...., did undertake and promise, in manner and form as the said....plaintiff has....above complained against....him.... nor that the said....plaintiff has....sustained damages on occasion of the non-performance of the several promises and undertakings in the said declaration mentioned, including the sum of ..Fifty ($50.00).... Dollars, as reasonable attorney's fees for entering up this judgment, over and above other costs and charges by....him.... about this suit in this behalf expended to the amount of....Twenty ($20.00)....Dollars and....Fifty.... Cents; and the said....defendant.... further....agrees....that no writ of error or appeal shall be prosecuted on the judgment entered by virtue hereof, nor any bill in equity filed to interfere, in any manner, with the operation of said judgment, and that....he.... hereby....releases....all errors that may intervene in entering up the same, or issuing the execution thereon, and....consents....to immediate execution upon such judgment. In the....Circuit....Court of....Cook.... County, ....John F. Devine, administrator of the estate of V. ....Milwaukee Northern Railroad Company, a corporation, Defendant.... Gen. No....32311.... ....John F. Devine, administrator....of the estate of....Gilbert Havens. deceased, by....Albert Jones, his attorney, complains....of the ..Milwaukee Northern Railroad Company, a corporation, defendant. of a plea of trespass on the case: .... ..... FOR THAT WHEREAS, The....defendant...., in the lifetime of the said....Gilbert Havens. ...9 to wit: on the....fourth....day of....October....A. D....1912, was.... ..possessed of and using and operating a certain railroad extending through a part of the County aforesaid, and ....was....also then and there possessed of a certain locomotive engine, with a certain train of cars thereto attached, which were under the care and management of divers then servants of the....defendant...., who were then and there driving the same upon and along the said railroad, near and toward a certain crossing of the said railroad and a certain public highway leading from....Evanston....to....Wilmette, Illinois...., and while the said....Gilbert Havens...., with all due care and diligence was then and there riding across the said railroad at the said crossing, upon the said public highway there, in a certain wagon drawn by two horses, the....defendant....then and there, by....its....said servants, so carelessly and improperly drove and managed the said locomotive and train, that by and through the negligence and improper conduct of the....defendant...., by ....its....servants, in that behalf, said locomotive engine and train then and there ran and struck with great force and violence upon and against the said wagon and thereby the said....Gilbert Havens....was then and there thrown with great force and violence from and out of said wagon to and upon the ground there and was thereby then and there bruised, maimed, and suffered injuries from which....he....later died. And the....plaintiff avers....that the said....Gilbert Havens....left him surviving one....Jane Havens, his widow...., and one....Louis Havens, his son...., and one..... .Agnes Havens, his daughter... as next of kin, who are still living; and that by reason of the death of the said ....Gilbert Havens...., as aforesaid, the said....Jane Havens....has been and is deprived of her means of support and the said....Louis Havens has been....and....is....deprived of....his....means of support and education, and the said....Agnes Havens has been....and....is....deprived of....her....means of support and education. To the damage of the....plaintiff, as administrator....aforesaid, in the sum of....Ten Thousand ($10,000.00).... Dollars, and therefore....he brings his....suit. And the....plaintiff brings....into court here the letters of administration to....him....granted by the....Probate.... Court of....Cook.... County, as evidence to this court of the grant of administration of the said intestate to the.... plaintiff .. ALBERT JONES. .... .Attorney.... NOTE. This declaration is intended only as an outline. Any declaration in an action of case must conform to the particular facts of the case at hand. Particularly in master and servant cases where the rules of law are complex, it is difficult to draw a declaration which states a cause of action and which will at the same time so conform to the facts that a motion for variance will not be sustained on the trial of the case. Several counts are usually resorted to in close cases so that at least one may weather both obstacles. Where ordinances are pleaded, they must be set forth verbatim, but this is not true of statutes. In connection with these Forms, reference should be made to the various articles on Pleading in Volume X of "Modern American Law.'' |