The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-30

oenpsins Of Peter sinpls dsssdAst 1. IN. suit o.
pursuspt to suss For thss whereas Tie
said defendant on the ds day Of March In the year
thousand eight hundred and ct New xS.n
70 W.T. At the city and county Of New for. an1 "a
the Jurisdiction Of this Court was indebted 20 Inc
plaintiff in the of three hundred doiiars ah
money before that time lent advanced by the said
plaintiff to the said defendant ana ~ the hsns
40 Indebted the said defendant consideration there
afterwards to wit on the same dsy d dnu sn%
then and there faithfully promised the said plaintiff well
and truly pay unto the said plsnn the ssa sum OF
shonla be hereunto Afterwards requested And where
a. also the defendant afterwards to wit on the
soid was indebted to the said plaintiff tn further
sum of hundred dollars like lawful money afore
FOR 1
the said defendant and at the like special instance and
request Of the said defendant And being SO indebted
wards TO- w.t. ON the same day and year last aforesaid
and at the place aforesaid undertook, and then and
and truly to pay unto thu said plaintiff the said Of
money las above mentioned, when the said defendant
ALSO the said defendant atsrward to Wit on the same
dav and last aforesaid and at the place
was indebted to the said plaintiff In tho farther Of
three hundred dollars like lawful money aforesaid
for money before that time had received the said
defendant to and for the Of the said plaintiff And
being indebted the said defendant consideration
thereof afterwards 10 wit, the day and year
last Aforesaid and at the place aforesaid undertook
aSq rs and 70 %
sum Of money last above mentioned, when the said de-
PENDANT should be thereunto And
whereas ALSO the said defendant Afterwards to wit
the same day and last aforesaid and at the place
aforesaid accounted together with the said plaintiff Of
time due and owing from the said defendant the said
plaintiff and then and there being In and unpaid
there found to be In xrrear and indebted to the
said plaintiff the further Of three hundred dol
lars, like lawful money - aforesaid And being 80
ound in and indebted to the said plaintiff the
said defendant In consideration thereof afterwards to
Wit the same day and last aforesaid and at the
place aforesaid undertook then and there faithful
y promised the said plaintiff we'll and truly pay unto
the said plaintiff the said sum Of money last above men
forwards requested N.verthsisss the said defendant
athough often requested SO has not yet paid the said
several sums OF money above or any or either
The said defendant hitherto wholly refused and stu
does refuse the damage of the said plaintiff OF one
thousand dollars, and thereof tho said plaintiff brings
suit, &c. JOHN DOE,
Attorney for plaintiff
''What's the meaning of all this" says Mr..
Simple. "Here am charged with owing Tim
othy Oddfellow four different sums of three hun
dred dollars each, and one of one thousand dol
lars, making twenty-five hundred dollars, when,
in fact, owe him only note of fifty, with
month or two's interest on it," OF course he
does not understand the jargon of the paper, but
he turns over and he finds an endorsement on 1t
explaining the whole. This endorsement is as
follows -
TAKE NorrcE, That the following is . copy, Of the
promssory upon which this action Is brought and
which will be given In evidence under the money counts
contained in the within declaration, and 10 the only
''''' " A'"'A NEW fonx, February i, is47.
Ten days after date promise to pay to Timothy Odd
''-'" ivy N0' '0 PETER sIMPLF,
Yours. 60, JOHN DOE,
1851 Attorney for plaintiff
Mr. Simple will say, "Why could not Mr.. Doe
say at first that he he sueing me on that note,
and not put me to the trouble of reading all this
nonse nse?' and(we would ask the same question.
The answer we would get from Mr.. Doe would
be, that all these charges of three hundred dol
lars, and one thousand dollars are fctions recog-
| nized by law; but if we ask him whether there
| is any fiction in the poor suitor's paying him
for those fictions, we would quickly find out to
the contrary. Mr.. Doe is paid SO much per folio
for these fctions, although he paid only three
cents for the whole paper, and procured his as
sistant to fill up the blanks.
For years past our citizens have been harrass-
ed in this way by service of papers on them, con-
tanning quantity of balderdash they cannot un-
derstand, and we would ask, is it not time that
these fictions were abolished?
The same humbug is used in every other
species of action-in trespass-assault and bat
terry If declaration OF assault and battery
were served on a man, he would, after reading
it, think that the poor plaintiff was at deaths door,
in consequence of injuries received from brick
bats, ptchforks, stones, slaves, sticks and every
other weapon, used by him against the poor fell
| low, Notwithstanding that he only pulled him by
| the collar of the coat, and told him to 60 about
| his business. Another batch of fctons would
be served upon him, and il he did not know their
meaning, he would flee the country lest he be
| tried for murder, or compromise the suit by pay
! ing over to Mr.. Doe every dollar he had in the
world for the sake of avoiding being indicted
for granddaughter.
| If the Comm ssioners on Practice and Plead
ing will do as they say they are determined to
do, and the Legislature do its duty, we shall get
rid of these outlandish documents and their
ancient jargon-suits will be commenced ac-
cording to plain sense, which all can understand.
# Timothy Oddfelow wants payment of his
note of fifty dollars, he will tell Mr. Simple so in
plain langua g, land not bring charges against him
amounting to twenty two hundred dollars, which
the lawyer says are fctious, but for tue clearing
up of which he will have to pay for in reality.
|
| OCEAN SrEAMsHIPs.-THE LAUNCH OF THE
| HERMANN. splendid new steamship Her
mann will be launched at half past one o'clock
this afternoon, from the ship yard of Westervelt
& Mackay, at the foot of Seventh street, East
| river. II will be magnificent sight.