COMMON LAW FORMS COMMON LAW FORM I.-SUMMONS UNDER CODE PRACTICE. United States District Court, For the Southern District of New York. [262 Fed. 680.] ANNIE S. SIMONS, THOMAS NELSON CROMWELL and LOUIS H. and Testament of Frank Leslie, deceased. To the above named Defendant: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service; and in case of your failure to appear, or answer, judgment will be taken against you by default for the relief demanded in the complaint. WITNESS, the Hon. LEARNED HAND, Judge of the District Court of the United States for the Southern District of New York, at the City of New York, this 3rd day of May in the year one thousand nine hundred and seventeen. [SEAL.] [COURT SEAL.] ALEX GILCHRIST, JR., Clerk. Plaintiff's Attorney, Office and Post Office Address, New York City. COMMON LAW FORM II.-RETURN OF SERVICE OF SUMMONS. I hereby certify and return that I have served the annexed Summons on the therein named Louis H. Cramer by handing to and leaving a true and correct copy thereof with him personally at Saratoga Springs, N. Y., in said District on the 16th day of May, A. D., 1917. CLAYTON L. WHEELER, Marshal fees: $5.34 U. S. Marshal. By JOHN J. O'CONNOR, COMMON LAW FORM III.-PRAECIPE FOR SUMMONS IN DISTRICTS OF PENNSYLVANIA. [215 U. S. 609, in which the author was counsel.] In the [District] Court of the United States, For the Eastern District of Pennsylvania. APRIL SESSIONS, 1908. NO. 314. FRIES-BRESLIN COMPANY, a corporation organ ized and existing under and by virtue of the State of New Jersey, vs. WILLIAM BERGAN and JOHN A. SNYDER, citizens of the State of Pennsylvania and residents of the Eastern District thereof. Issue summons trespass as above. Returnable the first Monday of August, 1908. To the Clerk of the U. S. C. C. (Endorsed: No. 314. April Sessions, 1908. GRAHAM C. WOODWARD, U. S. C. C. Fries-Breslin Company, etc., vs. William Bergan and John A. Snyder, citizens of the State of Pennsylvania, etc. Praecipe Summons Trespass. Graham C. Woodward. Filed July 23, 1908. Henry B. Robb, Clerk. By L., Deputy Clerk.) COMMON LAW FORM IV.-SUMMONS IN DISTRICTS OF PENNSYLVANIA AND RETURN OF MARSHAL. THE PRESIDENT OF THE UNITED STATES To the Marshal of the Eastern District of Pennsylvania, Greeting: We command you, That you summon William Bergan and John A. Snyder, citizens of the State of Pennsylvania and residents of the Eastern District thereof, late of your District, if they may be found therein, so that they be and appear before the Judges of the [District] Court of the United States, in and for the Eastern District of Pennsylvania, at a session of the same Court to be holden at Philadelphia, on the first Monday of August next, to answer to Fries-Breslin Company, a corporation organized and existing under and by virtue of the laws of the State of New Jersey in a plea of trespass. And have you then there this writ. [SEAL.] Witness the Honorable [William H. Taft], Chief Justice of the Supreme Court of the United States, at Philadelphia, this 23rd day of July, A. D. 1908, and in the 133rd year of the Independence of the United States. LEO A. LILLY, Deputy Clerk of Circuit Court, U. S. COMMON LAW FORM V.-RETURN BY MARSHAL OF SERVICE THEREOF. July 24th, 1908. At Philadelphia, in my district served the within writ on William Bergan by handing a true and attested copy thereof to an adult member of his family to wit, his daughter, Miss M. Bergan, at No. 1315 Erie Avenue. On John A. Snyder by handing him a true and attested copy thereof at 500 Walnut street, and making known the contents of the same to both mentioned parties. Eastern District of Pennsylvania. Fries-Breslin Company vs. William Bergan and John A. Snyder. Summons. Trespass. Returnable on the first Monday of August next. Graham C. Woodward, Attorney for Plaintiff. Filed Aug. 3, 1908. Deputy Clerk.) Henry B. Robb, Clerk. By L., COMMON LAW FORM VI.—APPEARANCE UNDER CODE PRACTICE. [262 Fed. 680.] United States District Court, For the Southern District of New York. ANNIE S. SIMONS, VS. THOMAS NELSON CROMWELL and LOUIS H. L. 17-20 CRAMER, as executors under the Last Will and Testament of Frank Leslie, deceased. To the Clerk of said Court: Please enter our appearance as attorneys for the defendant, William Nelson Cromwell (erroneously designated in the title herein as "Thomas" Nelson Cromwell), as one of the executors under the last Will and Testament of Frank Leslie, deceased, in the above entitled cause. The Newark City Ice Company, the defendant in this suit, which is, and at the time of the commencement of this action was, a body corporate created by the laws of the State of New Jersey, and has its proper place of business and residence and principal office in the city of Newark, in the county of Essex, in said State, was summoned to answer Fred S. Fisher, the plaintiff therein, who at the time of the commencement of this action was, and is now and always has been an alien, and a subject of the Kingdom of Great Britain, and a citizen of the Dominion of Canada, and a resident of the city of Saint John, in the Province of New Brunswick, in the said Dominion of Canada, in an action upon contract, and thereupon, the plaintiff, by Roger Foster, Esq., his attorney, complains: (1) For that whereas, heretofore, to wit, on or about the thirteenth day of February, eighteen hundred and ninety, at Saint John, in the Province of New Brunswick aforesaid, to wit, at the city of Newark, in the county of Essex, State aforesaid, the said defendant made and entered into a certain instrument in writing under seal with the said plaintiff, a true copy of which said instrument is hereto attached and marked "Exhibit One," and which it is prayed may be deemed and taken as if the same were set out in full in this count, the initials F. O. B. in said instrument in writing under seal, signifying free on board; by which said instrument in writing under seal, the said defendant bargained for and bought of the said plaintiff, and the said plaintiff at the special instance and request of the said defendant, and by the said instrument under seal, covenanted to sell, and then and there did sell to the said defendant a large quantity of goods, to wit, fifteen thousand tons, of two thousand pounds to the ton, of good mercantile ice, of not less than twelve inches in thickness, at the rate of price of one dollar and sixty cents for each and every ton thereof, to be delivered by the said plaintiff to the said defendant during the months of June, July, August and September, eighteen hundred and ninety, in the parish of Rothesay, county of Kings, in the Dominion of Canada aforesaid, and to be paid for by the said defendant to the said plaintiff as follows: Three thousand seven hundred and fifty dollars upon the signing of said instrument under seal, three thousand seven hundred and fifty dollars in March, eighteen hundred and ninety, if threequarters of the said fifteen thousand tons of ice be then stored in certain buildings, then in course of erection, or in a building to be erected on land owned by the said plaintiff, situate on the shore of the Kennebecasis river, in the parish of Rothesay and county of Kings, the said land having been bought from one Susannah Hicks; and seventy-five cents a ton as ice is shipped, said seventy-five cents to be paid by said drafts drawn by the said Fisher on the said Newark City Ice Company, with bills of lading attached, and weight to be verified by sworn weighers, and ' their certificate to be attached to the bill of lading, on the payment in full of the said advance, sight drafts as aforesaid to be drawn for one dollar and sixty cents a ton on ice as shipped; the said plaintiff further covenanting that the said ice shall be packed and delivered free on board, on board of a vessel suitably and properly dunnaged for a voyage to Newark aforesaid; and it being also further agreed and covenanted by and between the said plaintiff and the said defendant in the said instrument under seal, that the ice as soon as cut shall be the absolute property of the said Newark City Ice Company but in case the said Newark City Ice Company shall refuse to accept or pay said sight drafts, the property in the said ice to revest in the said plaintiff; and further, that the said plaintiff shall put at least eleven thousand two hundred and fifty tons of ice, properly stored, in said building or buildings during the month of March, eighteen hundred and ninety, or in a building to be erected by the said Fred S. Fisher, leased from Wetmore estate, situate in Clifton, in said county of Kings, or in any other building to be approved of by the said Newark City Ice Company; and further, that the said Fred S. Fisher, the plaintiff herein, shall have the right to make up the quantity to be delivered as aforesaid by purchase or otherwise, indemnifying the said Newark City Ice Company for any additional expense they may be put to; in pursuance of which said agreement in writing under seal, the said plaintiff cut and stored, in the month of March, eighteen hundred and ninety, in the building or buildings in said instrument under seal designated, eleven thousand two hundred and fifty tons, of two thousand pounds |