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ORDER OF AFFIRMANCE.
Peace of the Town of Hempstead, Nassau County, N. Y., and said appeal having come on to be heard before this Court on the 9th day of February, 1921, upon the return made and filed herein by the said Justice of the Peace and after hearing H. Willard Griffith, Esq., counsel for the defendant-appellant of the firm of Griffiths & Kornicker, his attorneys, and Harold L. Haskin, Esq., attorney for the plaintiff-respondent, and due deliberation having been had, it is hereby
ORDERED that the said judgment so appealed from be and the same is hereby affirmed in all respects with costs.
LEWIS J. SMITH,
County Judge of Nassau County, N. Y.
Granted March 5, 1921.
THOS. S. CHESHIRE,
The above named defendant having appealed to this Court from a judgment rendered against him in this action on the 13th day of January, 1921, before Walter R. Jones, Esq., Justice of the Peace of the Town of Hempstead, Nassau County, N. Y., for $51.44 and the appeal having been heard and an order of this Court having been entered thereon reversing said judgment with costs of said appeal to the defendant
Now on motion of Harold L. Haskin, Esq., attorney for the plaintiff, it is
ADJUDGED that the judgment rendered by the said Walter R. Jones, Esq., Justice of the Peace, on the 13th day of January, 1921, in favor of the plaintiff for the sum of $51.44 damages and costs be and the same is hereby affirmed in all respects, and it is further
ADJUDGED that the said plaintiff recover of the said defendant the sum of $26.84, the amount
of his costs herein as taxed, and that he have judgment therefor.
Signed and entered in Nassau County, March 4th, 1921.
THOS. S. CHESHIRE,
State of New York,
The People of the State of New York, to any Con
stable of the County of Nassau, GREETING:
YOU ARE HEREBY COMMANDED TO SUMMON “Abraham” Katz, the name “Abraham,” being fictitious, his true Christian name being unknown to plaintiff, to appear before the undersigned, a Justice of the Peace of said Town and County, on the 12th day of November, 1920, at nine o'clock in the forenoon, at his office, Town Hall, in the Village of Hempstead, to answer the complaint of William Loebel & Son in a civil action.
Given under my hand, this 1st day of November, 1920.
WALTER R. JONES,
Justice of the Peace,
This plaintiff complains of said defendant and for a cause of action respectfully shows this Court through its attorney, Harold L. Haskin, upon information and belief:
FIRST.—That this plaintiff now is and was at all the times hereinafter mentioned a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New York.
SECOND.—That this defendant's true Christian name is unknown to plaintiff, hence, he has been designated by the name of "Abraham,” the name “Abraham” being fictitious.
THIRD.—That this plaintiff, at defendant's request, on or about May 29th, 1920, sold and delivered to him goods, wares and merchandise, of the agreed price and reasonable value of $44.31; that no part of the same has been paid.
WHEREFORE, this plaintiff demands judgment against the said defendant for the sum of $44.31, with interest thereon from May 29th, 1920, besides the costs of this action.
HAROLD L. HASKIN, Esq.,
Attorney for Plaintiff,
289 Fulton Ave., Hempstead, N. Y.
Harold L. Haskin, being duly sworn, deposes and says that he is the plaintiff's attorney in the above entitled action; that he has read the foregoing complaint and knows the contents thereof; that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and as to those matters, he believes it to be true; that the source of deponent's information and the grounds of his belief are letters
and statements received by him from plaintiff, rela24 tive to the matters referred to in said complaint;
that the reason why this verification is made by deponent instead of by plaintiff, is that plaintiff is a corporation and no officer thereof is in the County of Nassau, where deponent resides and has his offices.
HAROLD L. HASKIN.
Sworn to before me this
29th day of October, 1920.
MARIE H. CYPHERS,
Nassau County, N. Y.