Court of Common Pleas Term of November A.D. 1838— , , & , traders in company under the partnership name of Halsted Haines & Co. complain of , William Foster, & (the of said having returned not found as to , , Joseph Smith Jr. , , , , , , , , , , , , , , , , , Samuel Newcomb, , , , , & against whom process in this suit was also issued) in a plea of trespass on the case, and thereupon the said plaintiffs by Perkins & Osborn their attorneys complain For this, to wit, that whereas the said defendants heretofore, to wit, on the first day of September in the year of our Lord one thousand eight hundred and thirty seven at in the County of and within the jurisdiction of this court, made their certain note or memorandum in writing, commonly called a promissory note bearing date on the same day and year aforesaid their own proper hands and names being thereunto subscribed, and then and there delivered the same note to the said plaintiffs and thereby then and there promised the plaintiffs to pay to their order at the [p. 385]