Writ of Trespass on the Case (Special Assumpsit)

William the Fourth, by the grace of God, of the United Kingdom on Great Britain and Ireland King, Defender of the Faith, to the sheriffs of London, to wit Cook County, Illinois, greeting:  If Sandra R. Stipp shall make you secure of prosecuting her claim, then put by gages and safe pledges, Blake W. Jackson, late of Kenosha, Wisconsin, law student, that he be in Court of Common Pleas before our justices at Westminster, to wit in the Circuit Court of Cook County, Illinois, on the October Term of court, to show cause why judgment should not be entered on said plaintiff’s declaration in special assumpsit, and have there the names of the pledges and this writ.  Witness ourself at Westminster, the 1st day of October in the 174th year of our reign.

 

Writ of Capias ad Respondendum

William the Fourth, , by the grace of God, of the United Kingdom on Great Britain and Ireland King, Defender of the Faith, to the sheriffs of London, to wit Cook County, Illinois, greeting:  We command you, that you take Blake W. Jackson, late of Kenosha, Wisconsin, law student, if he be found in your bailiwick, and him safely keep, so that you may have his body before in the Court of Common Pleas before our justices at Westminster, to with the Circuit Court of Cook County, Illinois on the Morrow of All Souls, to answer Sandra R. STipp. in a plea of special assumpsit, and have there this writ. 

 

Witness Sir Nicholas Conyngham Tindal, Knight,

at Westminster, the 1st day of October in the 176 th year of our reign.

 

Declaration

Trespass on the Case (Special Assumpsit)

Middlesex, to wit Cook County, Illinois, in the United States of America. Blake W. Jackson was attached to answer Sandra R. Stipp of a plea of trespass on the case upon promises; and thereupon the said Sandra R. Stipp by her attorney Clare McMahon, complains.

 

For that whereas, before and at the time of the making of the promise and undertaking of the said defendant hereafter next mentioned, a certain race was intended, and then shortly about to be run, at a certain place called Churchill Downs, in the county of Middlesex, to wit, Jefferson County, Kentucky, by and between a certain horse called Barber of Seville, and a certain horse called Henry V, for a certain piece of plate of great value, to wit, of the value of $7,000,000, to wit, at Churchill Downs, and thereupon, heretofore, to wit, on, 3 September 2006 at Chicago, Illinois, in consideration that the said plaintiff, at the special instance and request of the said defendant had then and there undertaken and faithfully promised the said defendant to pay him the sum of $7,000 of lawful money of the United States of America, in case the said horse called Henry V, in the event of the said race, should win the said piece of plate, so intended and about to be run for as aforesaid, he the said defendant undertook, and then and there faithfully promised the said plaintiff to pay her the sum of $7,000 in case the said horse called Henry V should not, in the event of the said race, win the said piece of plate, so intended and about to be run for as aforesaid; and the said plaintiff in fact says, that the said race, so about to be run as aforesaid, was afterwards, to wit, on the day and year aforesaid, accordingly run at the said place called Churchill Downs, in Louisville, Jefferson County, Kentucky, by and between the said horse called Barber of Seville, and the said horse called Henry V, for the said piece of plate so intended and about to be run for as aforesaid, to wit, at Churchill Downs aforesaid; and that, in the event of the said race, the said horse called Henry V did not win the said piece of plate, for that the same was then and there won by the said horse called Barber of Seville, whereof the said defendant, on the day and year aforesaid, at, Chicago, Illinois had notice; and by means thereof, and according to the tenor and effect of the said promise and undertaking, he the said defendant then and there became liable to pay to the said plaintiff the said sum of $7,000 when he the said defendant should be thereunto afterwards obligated.

 

For that whereas, & c, the said defendant is liable in special assumpsit. Wherefore the said plaintiff saith that she is injured, and has sustained damage to the amount of $7,000 and therefore she brings her suit.