declared and adjudged invalid and of no effect, and for judgment as prayed for in the amended complaint herein, with costs. L. B. TROTTER, Plaintiff's Attorney. 309 Broadway, New York, N. Y. STATE OF NEW YORK, Borough of Manhattan } SS.: John Yuhasz, being duly sworn, deposes and says that he is the plaintiff in the within entitled action; that he has heard read the foregoing reply and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me this 22nd day of December, 1913. Everett A. Bennett, Notary Public, No. 215, New York County. JOHN YUHASZ. COMMON LAW FORM XX.-BILL OF PARTICULARS. [262 Fed. 680.] District Court of the United States for the Southern District of New York. The plaintiff above named, in answer to the requests of the defendants presents this her Bill of Particulars of the matters set forth in the complaint herein. AS TO PARAGRAPH SIXTH. The plaintiff will claim and plaintiff claims that she rendered the services alleged in said paragraph. 1. In the year 1899 between the first day of November and the twentyfourth day of December. During the years 1900 and 1901 the plaintiff saw Mrs. Leslie at different times the exact date of which she is now unable to specify but she rendered no services for Mrs. Leslie which she now recol lects during the said years 1900 and 1901 and she makes no claim that she rendered such services during said two years. During the year 1902 between the first day of February, 1902, and the 20th day of May, 1902. During the year 1903 between the first day of February and the 30th day of April, of said year. During the year 1904 between the first day of February and the 30th day of April of said year. 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 year 1906 between the first day of August and the 30th day of September of said year. During the years of 1907 and 1908 between the first day of August and the 30th day of September of each of said years. During the year 1909 between the first day of August and the 30th day of September of said year. During the years 1910 and 1913 between the first day of August and the 30th day of September in each of said years. Because of the lapse of time the plaintiff is unable to specify the dates with more accuracy than she has done in this bill of particulars and in the complaint herein. 2. The places where the plaintiff will claim such services were rendered were: The City of Charleston, South Carolina, Sherry's Hotel in the Borough of Manhattan, City and County of New York, the Hotel Chelsea in the Borough of Manhattan, City and County of New York, the Hotel Sherman Square, Borough of Manhattan, City and County of New York, at Hampton Park Terrace in Cranford, New Jersey, and on railroad trains between the City of New York and the City of Charleston, South Carolina. 3. The dates in 1899 on which plaintiff will claim that the request alleged in paragraph sixth of the complaint was made were in or about the first ten days of November, 1899, and subsequently during the times previously specified at the particular times when the services therein specified in the complaint were made. This plaintiff is unable to state the dates of said requests with more accuracy than she has done herein and in her complaint. 4. The request alleged in paragraph sixth of said complaint was first made in writing in a letter written by Mrs. Frank Leslie to the plaintiff at some time during the first ten days of November, 1899. The said letter was destroyed by plaintiff at or shortly after the time when she received the same and before she performed any of said services. The other requests were oral and were made at or shortly before the said services were rendered. 5. The places where plaintiff will claim said request was made was as regards the written request, in the Borough of Manhattan, City of New York, from which said letter was dated. As regards said oral requests, in the Borough of Manhattan, City of New York. AS TO PARAGRAPH SEVENTH. 1. The dates in the year 1902 between which plaintiff will claim and does claim that the services mentioned in said complaint were rendered by her are between the first day of February, 1902, and the 31st day of May, 1902. 2. The places where the plaintiff will claim and does claim that said services were rendered were the Chelsea Hotel in the City of New York, The City of Charleston, South Carolina, and on a railroad train between New York City and South Carolina. 3. The date on which the plaintiff will claim and does claim that the first request alleged in said paragraph was made was in or about the first fifteen days of the month of February, 1902. This plaintiff is unable to specify the date more correctly. The subsequent requests were made at or shortly before the different services specified and referred to in said paragraph were rendered. This plaintiff cannot specify the said dates more accurately than she has done in this bill of particulars and in her complaint herein. same. 4. The first request alleged in said paragraph was in writing namely, a telegram sent by or on behalf of Mrs. Leslie to this plaintiff and received by this plaintiff at some time during the first half of February, 1902. The said telegram was destroyed by this plaintiff immediately after the same was received. She is unable to state now the date when she received the She is unable to state now the contents thereof. She is unable to state now by whom the same was signed. The subsequent requests were oral. 5. The place where the plaintiff will claim and does claim that said requests were made were regards the first request in the Borough of Manhattan, City, County and State of New York, whence said telegram was sent. The places where said oral requests were made were at the places where said services were performed as is hereinabove specified. AS TO PARAGRAPH EIGHTH. 1. The dates in the years 1903, 1904, 1905, 1906, 1907, 1908, 1909 and 1913 between which the plaintiff will claim and does claim that the services alleged in said paragraph were performed were as follows: Between the first day of February and the 30th day of April in the years 1903, 1904, and 1905 and each of them. In the years 1904, 1905, 1906, 1907, 1908, 1909 and 1913 between the first day of August and the 30th day of September in each of said years. During the two years the date of which the plaintiff does not now exactly recollect but which according to her best recollection were the years 1906 and 1907, between the first day of February and the 30th day of April in each of said years. 2. The places where the plaintiff will claim and does claim that the said services were rendered were the Chelsea Hotel and the Sherman Square Hotel in the City of New York, The City of Charleston, South Carolina, and on a railroad train between New York City and South Carolina, and at Hampton Park Terrace, at Cranford, New Jersey, and also in vehicles in the streets and Central Park of the City of New York. 3. The dates on which the plaintiff will claim and does claim that the request and requests alleged in said paragraph was and were made during the winters of the years 1903 and 1904 in or about the first fifteen days of the month of February of each of said years. This plaintiff is unable to specify the date more correctly. The subsequent requests were made at or shortly before the different services specified and referred to in said paragraph were rendered. This plaintiff cannot specify the said dates more accurately than she has done in this bill of particulars and in her complaint herein. 4. The places where the plaintiff will claim and does claim that the said requests were made were in the Borough of Manhattan, City and County of New York, in the City of Charleston, South Carolina, and at Hampton Park Terrace at Cranford, New Jersey. The said requests were made partly in writing and partly orally. Such of said requests that were made in writing were contained in letters sent by Mrs. Frank Leslie to this plaintiff. The said letters have been destroyed and were destroyed during the life of Mrs. Leslie. This plaintiff is unable to recollect the contents of the same and this plaintiff is unable to recollect the dates of any of the same. AS TO PARAGRAPH TENTH. The date or dates on which the plaintiff will claim the promise or promises alleged in said paragraph were made. 1. The dates on which the plaintiff will claim and does claim that the promise or promises alleged in said paragraph were made were some time during the month of February, 1902, the exact date of which plaintiff is unable to specify through lack of recollection thereof. Subsequently in or about the month of March during the year 1903 and at other times which this plaintiff is now unable through lack of recollection to specify. 2. The places where the plaintiff will claim said promises were made were at the house of Mrs. W. W. Simons on Franklin Street, Charleston, South Carolina, and also in Mrs. Leslie's carriage in Central Park, in the City of New York, and in other places which the plaintiff is now, through lack of recollection unable to specify. 3. Said promises were all oral. None of them was in writing. Because of the lapse of years the plaintiff's recollection as regards the exact dates is now uncertain and she asks leave in case she is unable to refresh her recollection at or before the trial of this action to change some of the dates hereinabove specified. The foregoing bill of particulars is as full and accurate an answer to each of the demands of the defendants as this plaintiff is able to make at the present time. ANNIE S. SIMONS. ANNIE S. SIMONS, being duly sworn, deposes and says: I am the plaintiff above named. The foregoing bill of particulars is true to my own knowledge except as to the matters therein stated to be alleged upon information and belief and as to those matters I believe the same to be true. [SEAL.] Sworn to before me this 1st day of October, 1917. SARA A. THORNTON. ANNIE S. SIMONS. COMMON LAW FORM XXI.-NOTICE OF MOTION FOR LEAVE TO REFRAME COMMON LAW PLEADING INTO BILL IN EQUITY. [144 Fed. 679.] [District] Court of the United States, Southern District of New York. Take notice that upon the hereto annexed petition and papers and upon the order of the United States Circuit Court of Appeals and the mandate thereof, on file with the Clerk of this Court, and upon all proceedings herein had, I shall move this Court on behalf of the plaintiffs and petitioners herein, at a term thereof, to be held in the rooms of this Court, in the Post Office Building in the Borough of Manhattan, City of New York, on the 20th day of February, 1903, at the opening of the Court on that day or as soon thereafter as counsel can be heard, for an order permitting the petitioners and plaintiffs herein to reframe their complaint into a bill in equity, and for such other order or relief in the premises as may be just and equitable in the premises. Dated New York, Feb. 16, 1903. J. PHILIP BERG, Attorney for Petitioner and Plaintiffs, To Edwards H. Childs, Esq., Attorney for Defendant. |