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(3) The following payments have been made on account of the principal of said note as appears by endorsements thereon:

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(4) Interest has been paid on the said note upon the times and to the dates herein stated, to wit:

May 17, 1919...

June 30, 1919...

.$348.75 to May 17, 1919
412.54 to June 30, 1919

(5) No further payments of principal or of interest have been made on said note.

(6) Although plaintiffs have made demand upon the said defendant for the payment of the aforesaid note, said defendant has neglected and refused to make payment and still refuses and neglects to make payment of the balance due on the said note or of any interest due thereon.

(7) By reason of such refusal and neglect to make payment as aforesaid, the plaintiffs have been compelled to bring this suit for the collection of the said note.

(8) By reason of the institution of this said suit the defendant, under the terms of the note aforesaid is now indebted to the plaintiffs for the balance of principal and interest due as aforesaid, and for a reasonable attorney's fee together with all court costs incurred in these proceedings.

(9) The plaintiffs aver that a reasonable attorney's fee for services in this suit would be 10% of the amount remaining due and owing by the defendant, or the sum of five thousand two hundred and six dollars 6/100 ($5,206.06).

(10) Wherefore the plaintiffs, Charles [Saner] and Ed. P. [Docherty] claim to recover from the said defendant, G. Henry [Smith], the said sum of fifty-seven thousand two hundred and sixty-six dollars 64/100 ($57,266.64) together with interest on $52,060.58 from July 1, 1919.

VAN DUSEN & JOHNSON,
Attorneys for Plaintiffs.

STATE OF NEVADA,
COUNTY OF LINCOLN.

88.

ED. P. [DOCHERTY], being duly sworn according to law, deposes and says that he is one of the plaintiff's named in the foregoing statement of

claim and that he has read the said statement of claim and that the facts therein set forth are true and correct.

ED. P. [DOCHERTY].

Sworn to and subscribed before me this 14th day of October, 1920.

[SEAL.]

G. W. FRANKS,

Notary Public.

Commission expires, Aug. 17, 1924.

COMMON LAW FORM XI.-COMPLAINT TO ENFORCE LIABILITY OF WITHDRAWING STOCKHOLDER.

[From Brandenburg on Bankruptcy.]

District Court of the United States for the Southern District of New York. HEINRICH ZEINS as Trustee in Bankruptcy for

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a manufacturing corporation duly organized and existing under the laws of the state of

plant known as the

and owned and operated a manufacturing

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and continued to exist as such corporation and to own and operate said manufacturing plant until its adjudication in bankruptcy hereinafter mentioned.

II. That the capital stock of said corporation consisted of shares of the par value of Dollars ($- -) each, and all of said stock was issued and delivered to actual purchasers thereof and the full amount of the par value of said stock paid in by the owners and holders thereof at the time hereinbefore mentioned.

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III. That on said

day of

19, after the organization

of said corporation, defendant became a stockholder therein, holding shares of capital stock thereof of the par value of Dollars -); that defendant continued to own and hold said stock until the day of -, 19, when he surrendered all of it to the stockholders of said corporation, and said corporation then entered into an agreement in writing with defendant to refund to defendant the full par value of said stock, to wit,

of

IV. That between the

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Dollars ($

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19, said officers and stockholders paid defendant in monthly

installments, each month, during said time, the sum of ($—— -), in consideration of which the said

Dollars shares of stock held and owned by the defendant were withdrawn and refunded to the stockholders of said corporation and surrendered and cancelled, contrary to the provisions of § of the General Statutes of and no other certificates of stock were issued in lieu thereof.

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V. That at the time of the withdrawal and refunding of all of the stock of this defendant, as above set forth, there existed debts and liabilities of said corporation unsecured and past due exceeding in the amount the sum of Dollars ($- -); that said debts and liabilities remained unpaid from the time of the withdrawal and refunding of the stock of defendant as aforesaid continuously to the time of the adjudication of said corporation in bankruptcy as hereinafter alleged and are still unpaid. notwithstanding the creditors of said corporation to whom said debts and liabilities were owing have duly filed their claims in the bankruptcy proceedings hereinafter alleged, and the same have been allowed.

VI. That on the

day of

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19, the said

was duly adjudicated a bankrupt upon a petition filed by (or, against) it on the 19, by order of the United States District Court according to the provisions of the acts

day of

District of

day of

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19-, plaintiff was duly elected

for the of Congress relating to bankruptcy. VII. That on the trustee of the estate of said bankrupt, and thereafter duly qualified as such trustee and ever since has been and now is the duly qualified and acting trustee in bankruptcy of the said

VIII. That plaintiff has been duly authorized and directed by the said United States District Court, in said bankruptcy proceedings, to commence this action in his capacity as such trustee to recover for the use of the creditors of said corporation the money so refunded to defendant.

IX. That prior to the commencement of this action plaintiff, as such trustee, demanded of defendant the return of the money so refunded to him, but defendant refused and still refuses to return the same, or any part thereof.

X. That there are insufficient assets in the hands of plaintiff to pay the unsecured debts and liabilities of said corporation, and it is necessary to secure the return of the money, belonging to said corporation, so wrongfully refunded to defendant, and to apply the same to the payment of the debts of the corporation for which the same is liable.

of

WHEREFORE, plaintiff demands judgment against defendant for the sum Dollars ($- -), with interest thereon at the rate of per cent per annum from the day of the costs and disbursements of this action.

19-, together with

Attorney for Plaintiff.

COMMON LAW FORM XII.-PLAINT OR DECLARATION IN
ACTION IN NEW JERSEY DISTRICT FOR DOWER.

District Court of the United States for the District of New Jersey. On the

day of March, 1921.

MARIE DUDLEY, who is and at the time of the commencement of this action was a citizen and resident of the State of New York and who is a widow, and who was during his life the wife of Edward Dudley, deceased, by Roger Foster her attorney demands against Edward Lawrence Dudley who is and who was at the time of the commencement of this action a citizen and resident of the City and County of Camden, in the State of New Jersey, and Irene Goodman who is and at the time of the commencement of this action was a citizen and resident of the City of Philadelphia in the State of Pennsylvania, both individually and as executors named in the paper purporting to be the last will and testament of said Edward Dudley, which paper was admitted to probate by the Surrogate of the County of Camden in the State of New Jersey on or about September 24, 1920 (she also demands against Edward H. Goodman the husband of said May Irene Goodman, who is and at the time of the commencement of this action was a resident and citizen of the City of Philadelphia and State of Pennsylvania), the third part of the following land and premises in the State of New Jersey of which her said husband was seized together with the buildings thereupon and the appurtenances thereof namely, The following property in the County and City of Camden:

(1.) Certain property known as "The Grange," which is situated on the northerly side of Federal Street and comprises eighteen and eight-tenths (18.8) acres more or less, together with the buildings upon the same, in which the said Edward Dudley had one-half interest.

(2.) Certain farm land on the southerly side of Federal Street, comprising fifteen and three-tenths (15.3) acres more or less, the exact location and boundaries whereof are unknown to this plaintiff, in which the said Edward Dudley had one-half interest in thirteen (13) acres and whole interest in the remaining two and three-tenths (2.3) acres.

(3.) Certain farm land on the northerly side of Westfield Avenue comprising twelve (12) acres more or less of upland, and twelve (12) acres more or less of lowland, the exact location and boundaries whereof are unknown to this plaintiff, in which the said Edward Dudley had a threequarters interest.

(4.) A certain triangular field on the southerly side of Westfield Avenue comprising six and forty-two-hundredths (6.42) acres more or less, the exact location and boundaries whereof are unknown to this plaintiff. (5.) A lot or lots of land with a building thereupon, beginning at a point on the westerly side of 4th Street, one hundred and fifty-two (152) feet southerly from the southwesterly corner of Market and 4th Streets; also northwesterly corner of 4th and Carter's Place; thence westerly along

northerly side of Carter's Place or along eighty-four (84) feet to corner in easterly line of land, formerly belonging to the Estate of Daniel S. Carter, deceased; thence north by easterly line said last mentioned land and parallel with said 4th Street sixteen (16) feet to corner of land lately belonging to the said Carter Estate; thence easterly parallel with Market Street on land between the two brick houses eighty-four (84) feet to westerly side of 4th Street; thence southerly along westerly side of said 4th Street sixteen (16) feet to beginning. The said lot of land and building are usually designated as No. 35 North 4th Street.

(6.) Situated in the City and County of Camden, a lot of land beginning at a point on the northerly side of Liberty Street distant two hundred and eighty (280) feet westerly from the northwesterly corner of Liberty Street and 4th Street, running thence northerly and parallel to 4th Street one hundred (100) feet; thence, westerly and parallel to Liberty Street twenty (20) feet; thence southerly and again parallel to 4th Street one hundred (100) feet and easterly twenty (20) feet along the said northerly side of Liberty Street to the point or place of beginning.

(7.) Situated in the City and County of Camden a lot of land beginning at a point on the westerly side of 2nd Street distant three hundred and two (302) feet and seven and one-quarter (74) inches southerly from the southwesterly corner of Market Street and 2nd Street; running thence westerly and parallel to Market Street one hundred and seventy (170) feet; thence southerly and parallel to 2nd Street twenty (20) feet and four (4) inches; thence southerly and parallel to Market Street one hundred and seventy (170) feet; thence northerly twenty-seven (27) feet and four (4) inches along the said westerly side of 2nd Street to the point or place of beginning, and which is believed to be known as Number 33 North 2nd Street.

(8.) 20 lots on the easterly side of 32nd Street. The exact location and boundaries whereof are unknown to this plaintiff, in which the said Edward Dudley had one-half interest.

(9.) 20 lots on the westerly side Cambridge Street. The exact location and boundaries whereof are unknown to this plaintiff, in which the said Edward Dudley had one-half interest.

(10.) 2 lots on the easterly side of Cambridge Street. The exact location and boundaries whereof are unknown to this plaintiff, in which the said Edward Dudley had one-half interest.

(11.) A lot of land situated in the Town of Stockton, County of beginning at a point on the southerly side of Fulton Street distant one hundred and sixty (160) feet westerly from the southwesterly corner of Fulton Street and Seventh Street, running thence southerly and parallel to Seventh Street one hundred and ten (110) feet; thence westerly parallel to Fulton Street forty (40) feet, thence northerly again parallel with Seventh Street one hundred and ten (110) feet, and thence northerly again parallel with Seventh Street one hundred and ten (110) feet, and thence easterly forty (40) feet along the said southerly side of Fulton

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