and fifty dollars upon the signing of a certain instrument in writing under seal, a true copy of which is hereto attached and marked "Exhibit One,” and which it is prayed may be deemed and taken as if the same was set out in full in this count, the initials F. O. B. in said instrument signifying free on board; a further sum of three thousand seven hundred and fifty dollars in the month of March next, if three-quarters of said fifteen thousand tons of ice is stored in certain buildings in said agreement in writing under seal specified, and seventy-five cents a ton as ice is shipped, said seventyfive cents to be paid by sight 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 bills 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; and it was further agreed and covenanted by and between the said plaintiff and the said defendant in the said instrument under seal, that ice as soon as cut shall be the absolute property of the said Newark City Ice Company, but in case the 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 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 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 to the ton, of good mercantile ice of not less than twelve inches thickness, being three quarters of the said fifteen thousand tons of ice which under said contract he covenanted to cut and store in the said building or buildings in the said month of March; and the said defendant, in pursuance of its covenant in the said agreement under seal contained, did pay unto the said plaintiff upon the execution of the said agreement, the sum of three thousand seven hundred and fifty dollars, and did further pay in or about the month of March, eighteen hundred and ninety, the sum of three thousand seven hundred and fifty dollars; and after, to wit, on or about the seventh day of April, eighteen hundred and ninety, the said plaintiff and the said defendant made and executed another instrument in writing, a true copy of which is hereto attached and marked "Exhibit Two," of which it is prayed may be deemed and taken as part of this count, as fully as if the agreement were here at length set forth; by which said instrument in writing the said plaintiff conveyed to the said defendant eleven thousand two hundred and fifty tons of ice, of two thousand pounds to the ton, then

and there situate and being in certain ice-houses in the parish of Rothesay, in the county of Kings, aforesaid; it being further agreed upon between the said plaintiff and the said defendant that instead of the Newark City Ice Company having to pay seventy-five cents a ton for ice as delivered as provided in said instrument in writing under seal, of the thirteenth day of February, eighteen hundred and ninety, they shall only have to pay sixty cents a ton for ice as delivered until the advance made by them shall have been repaid or made good to them by the difference between such sixty cents and the contract price of such ice delivered, namely, one dollar and sixty cents a ton; and the said plaintiff says that afterwards, to wit, in the months of June, July, August and September, eighteen hundred and ninety, he packed and delivered in the parish of Rothesay aforesaid, to wit, at Newark aforesaid, free on board, on board of vessels suitably and properly dunnaged for a voyage to Newark, six thousand one hundred and fifty-four and fourteen hundred and eighty two-thousandths tons, of two thousand pounds to the ton, of good mercantile ice of not less than twelve inches thickness, in accordance with his said promise, covenant and undertaking; and the said defendant did pay to the said plaintiff, upon the delivery of said goods and chattels on board of said vessel, the further sum of three thousand five hundred and four dollars and forty-five cents; and the said plaintiff says that he was ready and willing, and did offer during the said months of June, July, August and September, eighteen hundred and ninety, to pack and deliver free on board, on board of vessels suitably and properly dunnaged for a voyage to Newark aforesaid, and at the places desig nated in said agreements, the balance of the said eleven thousand two hundred and fifty tons of ice cut and stored as aforesaid, to wit, three thousand and ninety-five and five hundred and twenty two-thousandths tons of ice, and was further ready and willing and then and there offered to make up the quantity of fifteen thousand tons to be delivered under said agreement in writing under seal, of the thirteenth day of February, eighteen hundred and ninety, by purchase or otherwise, indemnifying the said defendant for any additional expense it may be put to, and then and there requested the said defendant to accept the same and to pay him, the said plaintiff, for the same in the manner provided for in the said agreement herein before contained; yet the said defendant, not regarding its said promise, covenant and undertaking, but contriving and intending to injure the said plaintiff in this behalf, did not nor would then or at any other time accept the said chattels of the said plaintiff, but on the contrary, on or about the sixteenth day of September, eighteen hundred and ninety, notified the said plaintiff that it would not accept any more ice under the said instruments in writing made by and between the said plaintiff and the said defendant, nor pay the said plaintiff the price thereof or any part thereof, but it to do so hath hitherto wholly neglected and refused and still neglects and refuses.

(4.) And for that, whereas, the said defendant heretofore, on or about the twenty-fourth day of February, in the year of our Lord one thousand eight hundred and ninety one, at Newark, in the county of Essex, was

indebted to the plaintiff in the sum of twenty-six thousand dollars for goods, wares and merchandise, before that time sold and delivered by the plaintiff to the defendant at its request, and twenty-six thousand dollars for work and labor before that time done and performed, and materials furnished by the plaintiff for the defendant at its request; and being so indebted, the defendant, in consideration thereof, then and there promised the plaintiff to pay him the said several sums of money on request; yet the defendant disregarded its said several promises, and hath not paid the said several sums of money nor any of them, nor any part thereof, although often requested so to do, but to do so hath hitherto refused and still refuses.

To the damage of the said plaintiff twenty-six thousand dollars, and therefore he brings his suit.

ROGER FOSTER,
Plaintiff's Attorney,

35 Wall Street, New York City, N. Y.

[Annexed were the exhibits.]

COMMON LAW FORM VIII.-COMPLAINT UPON CONTRACT UNDER CODE PRACTICE.

[262 Fed. 680.]

District Court of the United States for the Southern District of New York.

The plaintiff, above named, by Roger Foster, her attorney, respectfully shows to this Court, upon information and belief:

I. The plaintiff is and at all the times hereinafter mentioned and at the time of the commencement of this action was a citizen and resident of the City of Charleston, in the State of South Carolina.

II. The defendant Cromwell above named, is and at all the times hereinafter mentioned, and at the time of the commencement of this action was a citizen and resident of the Borough of Manhattan, City, County and State of New York. The defendant Cramer is and at all the times hereinafter mentioned and at the time of the commencement of this action was a citizen and resident of Saratoga Springs, in the County of Saratoga, State of New York.

III. On or about the 17th day of September, 1914, the above named Frank Leslie, who was a woman, a widow and childless, died in the City

On or

and County of New York, of which she was a resident. She is hereinafter described as Mrs. Leslie. On or about December 7th, 1914, the will of said Mrs. Leslie was admitted to probate by one of the Surrogates of the County of New York. The said last Will and Testament appointed as executors of the said Mrs. Leslie, the above named defendants. about said last named date letters testamentary under said Will and Testament were duly issued to the said defendants out of the Surrogates' Court of the County of New York, and the said defendants duly accepted the same and qualified as such.

IV. The above named plaintiff is the cousin german of the said Mrs. Leslie. The father of the plaintiff was the brother of the father of said Mrs. Leslie.

V. For thirty years or more prior to her death, the said Mrs. Leslie knew only one other relative, a niece, as long as and as intimately as this plaintiff.

VI. At different times between the year 1899 and the year 1913, both inclusive, at the request of said Mrs. Leslie, this plaintiff acted as nurse and companion for the said Mrs. Leslie in the Estates of New York, New Jersey and South Carolina and on different journeys. The said services were laborious, painful and humiliating. The said services were performed at the following places and during approximately the following times, as well as at other times and places:

VII. During the months of November and December, 1899, at Sherry's Hotel, New York City. At that time and place this plaintiff nursed the said Mrs. Leslie, at the latter's request, through a severe illness of the said Mrs. Leslie. During said time this plaintiff, at the request of Mrs. Leslie, occupied the same bed with Mrs. Leslie, frequently bathed Mrs. Leslie and changed Mrs. Leslie's garments and suffered greatly through the loss of sleep because of the attention that she thus paid Mrs. Leslie. During said time she took her meals in the bedroom of Mrs. Leslie and she never left Mrs. Leslie's room except occasionally for a short drive when the weather permitted. Plaintiff consequently was unable to return to her home in Charleston, South Carolina, in time for Christmas and plaintiff was thus prevented from spending Christmas with plaintiff's aunt who had had charge of plaintiff during plaintiff's childhood and during said period of time from taking care of plaintiff's aunt who was then eighty years of age and blind, and with whom plaintiff had been accustomed to spend Christmas each year and to whom plaintiff had been for many years accustomed to give great care and attention. This neglect of plaintiff's aunt, who died a few months later, was necessitated by the said services performed by plaintiff to the said Mrs. Leslie at Mrs. Leslie's request and was a cause of great grief to plaintiff.

VIII. Immediately after a stroke of paralysis from which the said Mrs. Leslie had suffered, during the months of February, March and April and May, 1902, at the Chelsea Hotel, in the City of New York, and in the City of Charleston, South Carolina, and on a journey from New York City to South Carolina, the plaintiff at Mrs. Leslie's request,

nursed Mrs. Leslie and took the place of a trained nurse who was discharged upon the arrival of the plaintiff in New York. During this period of time Mrs. Leslie could not without assistance walk nor could she dress nor undress herself without aid, which aid and assistance was given Mrs. Leslie by plaintiff, at Mrs. Leslie's request. Mrs. Leslie requested and insisted that this plaintiff should remain within her call by day and by night since Mrs. Leslie was in constant fear of another stroke of paralysis, and plaintiff so remained.

IX. During the year 1903 between the first day of February and the 30th day of June of said year, this plaintiff at the request of Mrs. Leslie ácted as nurse and companion for Mrs. Leslie at Charleston, South Carolina. During the year 1904 between the first day of February and the 30th day of April of said year and subsequently between the first day of August and the 30th day of September of said year; during the year 1905 between the first day of February and the 30th day of April of said year and also between the first day of August and the 30th day of September of said year; during the years 1906, 1907, 1908, 1909, 1910, 1911 and 1912, between the first day of August and the 30th day of September in each of said years, this plaintiff, at the request of Mrs. Leslie, acted as companion and nurse for Mrs. Leslie at the Chelsea Hotel and subsequently at the Sherman Square Hotel, both of which hotels were in the Borough of Manhattan, City and County of New York, for a period of time, the exact amount of which is now unknown to plaintiff. Between the first day of August and the 30th day of September, 1913, this plaintiff acted as nurse and companion for Mrs. Leslie at Hampton Park Terrace, in Cranford, New Jersey, and in the Sherman Square Hotel in the City of New York.

During the two years which upon information and belief were the years 1905 and 1906 this plaintiff spent approximately two months in the winter of each of said years in the City of New York as companion and nurse for Mrs. Leslie at Mrs. Leslie's request. During all of these times that plaintiff was acting as nurse and companion for Mrs. Leslie she was, at Mrs. Leslie's request, acting as maid for a dog of Mrs. Leslie, whose disposition was spoiled and to whom Mrs. Leslie insisted and requested that great care and attention should be given by plaintiff as was done by plaintiff; who took said dog out of the hotels where Mrs. Leslie lived, for said dog's exercise in order that the dog might obey the calls of nature. On one occasion in the fall of 1913, plaintiff was subjected to abuse from Mrs. Leslie because plaintiff refused to take the said dog out for exercise on Broadway at night while dressed only in a kimona, as directed so to do by Mrs. Leslie, and finally to appease the anger of Mrs. Leslie, plaintiff was forced to put on a raincoat over her kimona and so dressed go out of the hotel onto Broadway with the said dog. All of this was done by plaintiff and all of this was extremely humiliating.

X. The said Mrs. Leslie at the time of her death was seventy-eight years of age. During all said times Mrs. Leslie was feeble in body and suffered from a complication of diseases and was in consequence thereof in a highly