Declaration, circa 4 December 1837 [Wright v. Rigdon et al.]

  • Source Note
  • Historical Introduction
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gainst whom process in this cause was also issued) were attached to answer unto Justus Wright in a plea of assumpsit, and thereupon the said plaintiff complains for that whereas the said Joseph Smith Jr. & under the name style & signature of Smith & the said under the signature of and the said on the third day of October AD eighteen hundred and thirty six at in said County, then & there made their promissory note in writing and delivered the same to the said plaintiff and thereby then and there jointly and severally promised to pay the said plaintiff or order at the Commercial Bank of Lake Erie at five hundred dollars on the first day of May then next ensuing (to wit, on the first day of May AD 1837) for value received, which said period of time has now elapsed and the said , , Joseph Smith Jr. & under the said name and style of , Smith & and the said under the said signature of then & there in consideration of the premises promised to pay the amount of said note to the said plaintiff according to the tenor and effect thereof. And also for that whereas the said , , and the said Joseph Smith Jr. & , heretofore to wit, on the said third day of October AD eighteen hundred and thirty six at in the County first aforesaid the said under the signature of and the said , Joseph Smith Jr. & under the title name style & signature of , Smith & made their other promissory note in writing and delivered the same to the said plaintiff and thereby then & there jointly and severally promised to pay to the said plaintiff or order five hundred dollars at the Commercial Bank of Lake Erie on the first day of October then next ensueing with use after the first day of May then next ensuing (to wit after the first day of May AD 1837) for value received, which period of time in said note mentioned for the payment of the same has now elapsed, And the said , under the signature of , & the said , Joseph Smith Jr. & under the said last mentioned name, style & signature of , Smith & then & there in consideration of the premises promised to pay the amount of said last mentioned note to the said plaintiff according to the tenor and effect thereof. And also for that whereas the said , , , Joseph Smith Jr. & under the name style & signatures last aforesaid heretofore to wit, on the first day of October AD eighteen hundred and thirty seven at in the County last aforesaid were indebted to the said plaintiff in the further sum of twelve hundred dollars for the price and value of goods before that time bargained, sold & delivered by the plaintiff to the said , , , Joseph Smith Jr. & at their request: And in twelve hundred dollars for the price and value of work & labour before that time done by the plaintiff and materials for the same provided by the plaintiff for the said , , , Joseph Smith Jr., & at their request: And in twelve hundred dollars for money before that time paid by the plaintiff for the use of the said , , , Joseph Smith Jr. and at their request. And in twelve hundred dollars for money before that time received by the said , , , Joseph Smith Jr. & for the use of the said plaintiff: And in twelve hundred dollars for money found to be due from the said , , Joseph Smith Jr. and to the said plaintiff on an account before that time stated between them. And whereas also the said , , , Joseph Smith Jr. & afterwards on the day & year last aforesaid in consideration of the premises then and there promised to pay the said several sums of money above mentioned to the said plaintiff on request: Yet they have disregarded their said prom [p. 102]
gainst whom process in this cause was also issued) were attached to answer unto Justus Wright in a plea of assumpsit, and thereupon the said plaintiff complains for that whereas the said Joseph Smith Jr. & under the name style & signature of Smith & the said under the signature of and the said on the third day of October AD eighteen hundred and thirty six at in said County, then & there made their promissory note in writing and delivered the same to the said plaintiff and thereby then and there jointly and severally promised to pay the said plaintiff or order at the Commercial Bank of Lake Erie at five hundred dollars on the first day of May then next ensuing (to wit, on the first day of May AD 1837) for value received, which said period of time has now elapsed and the said , , Joseph Smith Jr. & under the said name and style of , Smith & and the said under the said signature of then & there in consideration of the premises promised to pay the amount of said note to the said plaintiff according to the tenor and effect thereof. And also for that whereas the said , , and the said Joseph Smith Jr. & , heretofore to wit, on the said third day of October AD eighteen hundred and thirty six at in the County first aforesaid the said under the signature of and the said , Joseph Smith Jr. & under the title name style & signature of , Smith & made their other promissory note in writing and delivered the same to the said plaintiff and thereby then & there jointly and severally promised to pay to the said plaintiff or order five hundred dollars at the Commercial Bank of Lake Erie on the first day of October then next ensueing with use after the first day of May then next ensuing (to wit after the first day of May AD 1837) for value received, which period of time in said note mentioned for the payment of the same has now elapsed, And the said , under the signature of , & the said , Joseph Smith Jr. & under the said last mentioned name, style & signature of , Smith & then & there in consideration of the premises promised to pay the amount of said last mentioned note to the said plaintiff according to the tenor and effect thereof. And also for that whereas the said , , , Joseph Smith Jr. & under the name style & signatures last aforesaid heretofore to wit, on the first day of October AD eighteen hundred and thirty seven at in the County last aforesaid were indebted to the said plaintiff in the further sum of twelve hundred dollars for the price and value of goods before that time bargained, sold & delivered by the plaintiff to the said , , , Joseph Smith Jr. & at their request: And in twelve hundred dollars for the price and value of work & labour before that time done by the plaintiff and materials for the same provided by the plaintiff for the said , , , Joseph Smith Jr., & at their request: And in twelve hundred dollars for money before that time paid by the plaintiff for the use of the said , , , Joseph Smith Jr. and at their request. And in twelve hundred dollars for money before that time received by the said , , , Joseph Smith Jr. & for the use of the said plaintiff: And in twelve hundred dollars for money found to be due from the said , , Joseph Smith Jr. and to the said plaintiff on an account before that time stated between them. And whereas also the said , , , Joseph Smith Jr. & afterwards on the day & year last aforesaid in consideration of the premises then and there promised to pay the said several sums of money above mentioned to the said plaintiff on request: Yet they have disregarded their said prom [p. 102]
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