STATE OF NEW YORK. Supreme Court APPELLATE DIVISION-FOURTH DEPARTMENT. TO THE ABOVE NAMED Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorneys within twenty days after the service of this Summons, exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Trial desired in the County of Niagara. Dated the 11th day of May, 1912. JUDSON, HOLLEY & CATON, The above named plaintiff complains of the above named defendant and for this his Complaint shows, upon information and belief, as follows: I. As a FIRST CAUSE OF ACTION: 1. That the plaintiff now resides and during all the time hereinafter mentioned has resided in the County of Niagara in the State of New York. 2. That defendant now is and during all the time hereinafter mentioned has been a domestic corporation created and existing under the laws of the State of New York, and having its principal office and place of business in the City of New York, in said State, and operating various lines of railroads throughout the State of New York and through other states of the Union and engaged as a common carrier in interstate coinmerce shipments and transportations between the State of New York and other states of the Union, and particularly between Gasport, in said State of New York, and Bainbridge, in the State of Georgia, and that in the conduct of such interstate commerce carriage the defendant utilizes connecting carriers to deliver its shipments from the State of New York to said Bainbridge, Georgia, and other localities. 3. That on November 28th, 1911, at Gasport, New York, plaintiff and defendant, for a good and valuable consideration, entered into a written agreement executed by the defendant and delivered to and accepted by the plaintiff, whereby, as such common carrier, the defendant agreed to transport for the plaintiff from said Gasport, New York, to said Bainbridge, Georgia, one hundred and sixty-three (163) barrels of apples by route designated as "Seaboard Despatch"; that said agreement was delivered by the defendant to plaintiff on said November 28th, 1911, and was what is known as a bill of lading, and coincident therewith plaintiff delivered to defendant for such transportation said one hundred and sixtythree (163) barrels of apples. 9 10 11 12 |