Agreement with Mead & Betts, 2 August 1839

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Agreement with Mead & Betts, 2 August 1839
Source Note

Perkins & Osborn on behalf of Mead & Betts, Agreement with
Oliver Granger
7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...
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[agent] on behalf of JS,
Painesville
Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...
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, Geauga Co., OH, 2 Aug. 1839; handwriting of
William Perkins
22 Jan. 1799–1 Dec. 1882. Teacher, attorney, insurance agent, politician. Born in Ashford, Windham Co., Connecticut. Son of William Perkins and Mary Lee. Moved to Hartford, Hartford Co., Connecticut, to study law, ca. 1822. Admitted to Connecticut bar, May...
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and unidentified scribe, possibly
Salmon Osborn
21 Oct. 1804–4 Mar. 1904. Attorney, bank executive. Born in Walton, Delaware Co., New York. Son of Samuel Osborn and Polly Webster. Moved to Jefferson, Ashtabula Co., Ohio, 1813; to Erie, Erie Co., Pennsylvania, 1814; and to Sandusky, Huron Co., Ohio, 1816...
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; one page; Hiram Kimball Collection, CHL. Includes docket.

Single leaf measuring 12½ × 7½ inches (32 × 19 cm), with thirty-nine printed lines (now faded). The document was folded for carrying and filing. A docket in unidentified handwriting on the verso reads “Mead & Betts”. The agreement was retained by
Oliver Granger
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and later came into the possession of his daughter,
Sarah Granger Kimball
29 Dec. 1818–1 Dec. 1898. Schoolteacher. Born in Phelps, Ontario Co., New York. Daughter of Oliver Granger and Lydia Dibble. Moved to Kirtland, Geauga Co., Ohio, 1833. Married Hiram Kimball, 22 Sept. 1840. Moved to Nauvoo, Hancock Co., Illinois, fall 1840...
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, and then other members of the Kimball family. This document and other papers in the possession of the Kimball family were donated to the Church History Department in 2013.
1
See the full bibliographic entry for the Hiram Kimball Collection in the CHL catalog.
Footnotes
[1]
See the full bibliographic entry for the Hiram Kimball Collection in the CHL catalog.
Historical Introduction
On 2 August 1839,
William Perkins
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of the law partnership Perkins & Osborn drafted on behalf of the mercantile firm Mead & Betts an agreement with
Oliver Granger
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, who was acting as an
agent
A specific church office and, more generally, someone “entrusted with the business of another.” Agents in the church assisted other ecclesiastical officers, especially the bishop in his oversight of the church’s temporal affairs. A May 1831 revelation instructed...
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for JS and the
church
The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...
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. The purpose of the agreement was to resolve debts owed to Mead & Betts by the
Kirtland
Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...
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, Ohio, mercantile firm
Cahoon, Carter & Co.
A mercantile company likely established in June 1835, composed of partners Reynolds Cahoon, Jared Carter, and Hyrum Smith. The company was an outgrowth of their role as members of the committee to build the House of the Lord in Kirtland, Ohio; the funds they...
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, which was operated by church members
Reynolds Cahoon
30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...
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,
Jared Carter
14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...
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, and
Hyrum Smith
9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...
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.
1
Mead & Betts was composed of two partners, Matthew B. Mead and Francis Betts. They sold wholesale dry goods in Buffalo, New York, in 1836. (Directory for the City of Buffalo [1836], 45, 109.)
Comprehensive Works Cited
A Directory for the City of Buffalo; Containing the Names and Residence of the Heads of Families and Householders, in Said City, on the First of May, 1836. Buffalo, NY: L. P. Crary, 1836.
The debts were reflected in three promissory notes, which were signed by Cahoon, Carter, and Hyrum Smith as principals and by twenty-nine individuals, including JS, as sureties. The sureties were liable for the debts if the principals defaulted; however, instead of seeking payment from the three principals, Perkins pursued payment from all thirty-two signers. In the agreement, Granger arranged payment on behalf of JS and the other signers and not only on behalf of Cahoon, Carter, and Hyrum Smith.

The earliest documented transaction between a Latter-day Saint firm and Mead & Betts occurred in 1836, when Cahoon, Carter & Co. bought goods from the
New York
Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...
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store.
2
The firms may have started doing business together in 1835, when Cahoon, Carter & Co. was established. (Advertisement, Northern Times, 2 Oct. 1835, [4]; Mead & Betts, Invoice, Buffalo, NY, to Cahoon, Carter & Co., 18 June 1836, JS Office Papers, CHL; see also Historical Introduction to Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.)
Northern Times. Kirtland, OH. 1835–[1836?].
The debts owed to Mead & Betts and to three other firms in New York—
John A. Newbould
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, Holbrook & Ferme, and Halsted, Haines & Co.—were renegotiated on 1 September 1837 with the help of
William Perkins
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.
3
See Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.
Two
Kirtland
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-area firms were involved in these renegotiations: Cahoon, Carter & Co. arranged to pay its outstanding debts to Mead & Betts and Halsted, Haines & Co., while
Rigdon, Smith & Co.
A mercantile company composed of Sidney Rigdon, JS, and possibly Oliver Cowdery. In September 1836, the firm began operating a store in Chester, Ohio. It is unclear if the “Co.” in the firm’s name represented an abbreviation for “Cowdery” or the more common...
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arranged repayment with Holbrook & Ferme.
4
JS et al., Promissory Note, Kirtland, OH, to Holbrook & Ferme, 1 Sept. 1837, photocopy, CHL; JS et al., Promissory Note, Kirtland, OH, to Holbrook & Ferme, 1 Sept. 1837, BYU; Hyrum Smith et al., Promissory Note, Kirtland, OH, to Halsted, Haines & Co., 1 Sept. 1837, photocopy, CHL; Hyrum Smith et al., Promissory Note, Kirtland, OH, to Halsted, Haines & Co., 1 Sept. 1837, Brigham Young Office, Halsted, Haines & Co. File, CHL; see also Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.
Unfortunately, no information is extant on the arrangements with the firm John A. Newbould, but the amounts listed on invoices from the firm suggest that the 1 September agreement combined the debts owed by Cahoon, Carter & Co. and Rigdon, Smith & Co.
5
See Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838; John A. Newbould, Invoice, Buffalo, NY, to Cahoon, Carter & Co., 17 June 1836; and John A. Newbould, Invoice, Buffalo, NY, to Rigdon, Smith & Cowdery, 17 June 1836, JS Office Papers, CHL.
In the renegotiation with Mead & Betts,
Hyrum Smith
9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...
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,
Reynolds Cahoon
30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...
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, and
Jared Carter
14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...
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were named the principals on the three promissory notes, each for over $1,000, and JS and twenty-eight other Latter-day Saints signed as sureties.
6
A copy of one of the three notes given to Mead & Betts was recorded in probate records used in lawsuits against the estates of JS and Hyrum Smith. (Hyrum Smith et al., Promissory Note, Kirtland, OH, to Mead & Betts, 1 Sept. 1837, Mead & Betts v. Estate of JS, Illinois State Historical Society, Circuit Court Case Files, CHL.)
Illinois State Historical Society. Circuit Court Case Files, 1830–1900. Microfilm. CHL. MS 16278.

Presumably, Perkins & Osborn directed the 2 August 1839 agreement to
Oliver Granger
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because of his role as an agent for the
First Presidency
The highest presiding body of the church. An 11 November 1831 revelation stated that the president of the high priesthood was to preside over the church. JS was ordained as president of the high priesthood on 25 January 1832. In March 1832, JS appointed two...
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and for the church. In this role, Granger was instrumental in addressing outstanding financial matters. By October 1838, he had successfully settled several debts that the First Presidency and other church members owed to
Painesville
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merchants.
7
See Historical Introduction to Letter of Introduction from John Howden, 27 Oct. 1838; and Reuben Hitchcock, Receipt, Painesville, OH, to Oliver Granger, 30 Oct. 1838, Hiram Kimball Collection, CHL.
Kimball, Hiram. Collection, 1830–1910. CHL.
In a May 1839 general
conference
A meeting where ecclesiastical officers and other church members could conduct church business. The “Articles and Covenants” of the church directed the elders to hold conferences to perform “Church business.” The first of these conferences was held on 9 June...
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of the church in
Quincy
Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...
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, Illinois, Granger was directed to preside over church affairs in
Kirtland
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and continue his efforts to resolve the First Presidency’s debts.
8
Minutes, 4–5 May 1839; see also Historical Introduction to Authorization for Oliver Granger, 6 May 1839; Authorization for Oliver Granger, 13 May 1839; and Revelation, 8 July 1838–E [D&C 117:13].
In Granger’s capacity as agent, he took responsibility for settling the outstanding debts to the four
New York
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merchants specified in the 2 August agreement. His involvement suggests either that JS was willing to assume responsibility for the debts or that Perkins & Osborn was focusing primarily on JS in efforts to obtain payment.

It is not known which party initiated the 2 August agreement.
Granger
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may have proactively approached Perkins & Osborn or the
New York
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merchants in an effort to repay the debts. Alternatively,
Perkins
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may have presented Granger with a compromise in which Mead & Betts would settle the debts without lawsuits if the firm received partial payment in land. Whatever the case, the terms of the agreement appear to be generous, allowing Granger a year to provide Mead & Betts with land valued at half the amount owed; in return, the New York firm would forgive the other half of the debt. However, the agreement was conditional upon the same arrangement being made between Granger and the three other New York mercantile firms—John A. Newbould, Holbrook & Ferme, and Halsted, Haines & Co. One other agreement, made with
John A. Newbould
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, is extant. This agreement was also written by Perkins & Osborn and was apparently created around the same time as the featured agreement. In the Newbould agreement, the firm’s agent, Charles Taylor, agreed to similar terms of repayment, indicating that Granger successfully negotiated with at least one of the three mercantile firms specified in the featured agreement.
9
It is not clear whether Taylor was in Painesville when he signed the document or whether the agreement was sent to Newbould in New York and then returned to Ohio. (Charles Taylor for John A. Newbould, Agreement with Oliver Granger, ca. 2 Aug. 1839, Hiram Kimball Collection, CHL.)

As JS’s agent in
Ohio
French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...
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,
Granger
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retained the 2 August agreement with Mead & Betts, as well as other agreements to resolve JS’s debts.
10
Granger died in Kirtland in 1841. At the time of his death, he was still working to resolve financial matters for JS and the church, and he likely possessed relevant financial documents, such as the Mead & Betts agreement. (Obituary for Oliver Granger, Times and Seasons, 15 Sept. 1841, 2:550; JS History, vol. C-1 Addenda, 11.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
These agreements were apparently never filed with JS’s other papers.
Footnotes
[1]
Mead & Betts was composed of two partners, Matthew B. Mead and Francis Betts. They sold wholesale dry goods in Buffalo, New York, in 1836. (Directory for the City of Buffalo [1836], 45, 109.)
A Directory for the City of Buffalo; Containing the Names and Residence of the Heads of Families and Householders, in Said City, on the First of May, 1836. Buffalo, NY: L. P. Crary, 1836.
[2]
The firms may have started doing business together in 1835, when Cahoon, Carter & Co. was established. (Advertisement, Northern Times, 2 Oct. 1835, [4]; Mead & Betts, Invoice, Buffalo, NY, to Cahoon, Carter & Co., 18 June 1836, JS Office Papers, CHL; see also Historical Introduction to Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.)
Northern Times. Kirtland, OH. 1835–[1836?].
[3]
[4]
JS et al., Promissory Note, Kirtland, OH, to Holbrook & Ferme, 1 Sept. 1837, photocopy, CHL; JS et al., Promissory Note, Kirtland, OH, to Holbrook & Ferme, 1 Sept. 1837, BYU; Hyrum Smith et al., Promissory Note, Kirtland, OH, to Halsted, Haines & Co., 1 Sept. 1837, photocopy, CHL; Hyrum Smith et al., Promissory Note, Kirtland, OH, to Halsted, Haines & Co., 1 Sept. 1837, Brigham Young Office, Halsted, Haines & Co. File, CHL; see also Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.
[5]
See Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838; John A. Newbould, Invoice, Buffalo, NY, to Cahoon, Carter & Co., 17 June 1836; and John A. Newbould, Invoice, Buffalo, NY, to Rigdon, Smith & Cowdery, 17 June 1836, JS Office Papers, CHL.
[6]
A copy of one of the three notes given to Mead & Betts was recorded in probate records used in lawsuits against the estates of JS and Hyrum Smith. (Hyrum Smith et al., Promissory Note, Kirtland, OH, to Mead & Betts, 1 Sept. 1837, Mead & Betts v. Estate of JS, Illinois State Historical Society, Circuit Court Case Files, CHL.)
Illinois State Historical Society. Circuit Court Case Files, 1830–1900. Microfilm. CHL. MS 16278.
[7]
See Historical Introduction to Letter of Introduction from John Howden, 27 Oct. 1838; and Reuben Hitchcock, Receipt, Painesville, OH, to Oliver Granger, 30 Oct. 1838, Hiram Kimball Collection, CHL.
Kimball, Hiram. Collection, 1830–1910. CHL.
[8]
Minutes, 4–5 May 1839; see also Historical Introduction to Authorization for Oliver Granger, 6 May 1839; Authorization for Oliver Granger, 13 May 1839; and Revelation, 8 July 1838–E [D&C 117:13].
[9]
It is not clear whether Taylor was in Painesville when he signed the document or whether the agreement was sent to Newbould in New York and then returned to Ohio. (Charles Taylor for John A. Newbould, Agreement with Oliver Granger, ca. 2 Aug. 1839, Hiram Kimball Collection, CHL.)
[10]
Granger died in Kirtland in 1841. At the time of his death, he was still working to resolve financial matters for JS and the church, and he likely possessed relevant financial documents, such as the Mead & Betts agreement. (Obituary for Oliver Granger, Times and Seasons, 15 Sept. 1841, 2:550; JS History, vol. C-1 Addenda, 11.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Page [1]
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William Perkins handwriting begins.
As Attornies for Messrs Mead & Betts we have in our hands for collection thru several notes of hand of Messrs Joseph Smith Jr and thirty one others
1
Perkins & Osborn did not distinguish between the three principals and the twenty-nine sureties but rather indicated all thirty-two signers were equally liable for the repayment.
of the
Mormon Church
The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...
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to said Mead & Betts all dated Sept 1, 1837 viz

one at 12 mo for $1177.20

one at 18 " " 1213.87

one at 24 " " 1251.54

And by authority from Messrs Mead & Betts we hereby agree with
Oliver Granger
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that if within one year from the first day of October next he shall pay or cause to be paid in cash or good farming land cultivated or wild, & if in lands by good warrantee deed or deeds with unencumbred title, located any where between the Atlantic Ocean and the western border of the State of
Ohio
French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...
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,
2
The agreement with John A. Newbould specifies land in Ohio or New York. (Charles Taylor for John A. Newbould, Agreement with Oliver Granger, ca. 2 Aug. 1839, Hiram Kimball Collection, CHL.)
fifty pr cent of the whole amount of said notes and the interest thereon, & shall pay or secure to the staisfaction of Perkins & Osborn their fees and charges in respect of said notes, and also the demands have against said Perkins & Osborn have against the members of said church or any of them for fees and legal services,
3
then the said Mead & Betts will deliver up to the said
Granger
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or his order the said notes—
4
By giving the promissory notes to Granger, the firm would relinquish its claim to the debts owed. Granger, as an agent for JS and the others, could then cancel the notes, such as by removing the signatures, to ensure the notes did not reenter circulation.
If paid in lands the same are to be applied appraised by good judicious freeholders being Township or county officers and not members of the Mormon Church so called at its real value in cash

It is expressly stipulated that this writing shall not be obligatory unless Messrs Halsted Haines & Co John A Newbould & Holbrook & Firm [Ferme] or those holding the notes given them come into the arrangement—
5
An agreement with John A. Newbould written circa 2 August 1839 shows that the firm accepted the same terms as those in this agreement with Mead & Betts and suggests that the other two mercantile firms perhaps also accepted the terms, though no written agreements for these firms have been located. Perkins may have written agreements for John A. Newbould, Holbrook & Ferme, and Halsted, Haines & Co. at the time he wrote the agreement for Mead & Betts. (Charles Taylor for John A. Newbould, Agreement with Oliver Granger, ca. 2 Aug. 1839, Hiram Kimball Collection, CHL.)

William Perkins handwriting ends; unidentified—possibly Salmon Osborn—begins.
Dated at
Pain[e]sville
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this 2nd day of August 1839

Mead & Betts by Perkins & Osborn

their Attorneys [p. [1]]
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Footnotes
William Perkins handwriting begins.
[1]
Perkins & Osborn did not distinguish between the three principals and the twenty-nine sureties but rather indicated all thirty-two signers were equally liable for the repayment.
[2]
The agreement with John A. Newbould specifies land in Ohio or New York. (Charles Taylor for John A. Newbould, Agreement with Oliver Granger, ca. 2 Aug. 1839, Hiram Kimball Collection, CHL.)
[3]
[4]
By giving the promissory notes to Granger, the firm would relinquish its claim to the debts owed. Granger, as an agent for JS and the others, could then cancel the notes, such as by removing the signatures, to ensure the notes did not reenter circulation.
[5]
An agreement with John A. Newbould written circa 2 August 1839 shows that the firm accepted the same terms as those in this agreement with Mead & Betts and suggests that the other two mercantile firms perhaps also accepted the terms, though no written agreements for these firms have been located. Perkins may have written agreements for John A. Newbould, Holbrook & Ferme, and Halsted, Haines & Co. at the time he wrote the agreement for Mead & Betts. (Charles Taylor for John A. Newbould, Agreement with Oliver Granger, ca. 2 Aug. 1839, Hiram Kimball Collection, CHL.)
William Perkins handwriting ends; unidentified—possibly Salmon Osborn—begins.