Declaration, circa 24 April 1837 [Kelley v. Rigdon, Smith & Cowdery]

  • Source Note
  • Historical Introduction
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& partners in trade under the name, firm & style of at in the State of , to wit, at in the and aforesaid made their certain promissory note in writing and delivered the same to the said , Joseph Smith Junior & partners in trade under the firm of and thereby under the name of the said firm of R. Cahoon, J. Carter & Co. promised to pay to the order of the said , Joseph Smith Jr. & under the firm of Rigdon, Smith & Cowdery two thousand & fourteen dollars and seventy four cents in six months after the date of said note at the Bank of Buffalo for value received, which period has now elapsed— And the said , Joseph Smith Junior & under the name of the said firm of Rigdon, Smith & Cowdery then and there endorsed the same to John V. Ayer, and the said John V. Ayer then & there endorsed the same to the plaintiff; And the said & of the said firm of R. Cahoon J. Carter & Co. did not pay the amount of said note nor any part thereof although the same was presented at the Bank of Buffalo when the same is made payable, on the day the same became due and payment thereof demanded which was refused, and the said note then & there protested for nonpayment, of all which the said defendants then & there had notice and the said defendants under the name of the said firm of Rigdon, Smith & Cowdery in consideration of the premises, then and there promised to pay the amount of said note to said plaintiff on request; And also for that whereas the said Joseph Smith Junior & of the firm of Rigdon, Smith & Cowdery aforesaid heretofore, to wit: on the twenty first day of December A.D. 1836 at in the & aforesaid, were indebted to the said plaintiff in the sum of three thousand dollars for so much money by the plaintiff then & there paid, laid out & expended for the said defendants, and lent & advanced to the said defendants at their special instance and request; Also in the further sum of three thousand dollars for so much money paid by the plaintiff for the damages, interest, protest & postages incurred upon divers promissory notes endorsed by the said defendants, at their like special instance and request; And in the sum of three thousand dollars for so much money by the said defendants then & there had and recieved to and for the use of the said plaintiff; And whereas the said defendants afterwards, to wit: on the fourth day of March AD. 1837 at aforesaid in consideration of the premises then & there promised to pay the said several sums of money to the plaintiff on request; Yet they have disregarded their promises and have not paid the said several sums of money, nor any, nor either of them, nor any part thereof, to the damage of the plaintiff three thousand dollars, and thereupon he sues, &c.
By Perkins & Osborn his attorneys. [p. 99]
& partners in trade under the name, firm & style of at in the State of , to wit, at in the and aforesaid made their certain promissory note in writing and delivered the same to the said , Joseph Smith Junior & partners in trade under the firm of and thereby under the name of the said firm of R. Cahoon, J. Carter & Co. promised to pay to the order of the said , Joseph Smith Jr. & under the firm of Rigdon, Smith & Cowdery two thousand & fourteen dollars and seventy four cents in six months after the date of said note at the Bank of Buffalo for value received, which period has now elapsed— And the said , Joseph Smith Junior & under the name of the said firm of Rigdon, Smith & Cowdery then and there endorsed the same to John V. Ayer, and the said John V. Ayer then & there endorsed the same to the plaintiff; And the said & of the said firm of R. Cahoon J. Carter & Co. did not pay the amount of said note nor any part thereof although the same was presented at the Bank of Buffalo when the same is made payable, on the day the same became due and payment thereof demanded which was refused, and the said note then & there protested for nonpayment, of all which the said defendants then & there had notice and the said defendants under the name of the said firm of Rigdon, Smith & Cowdery in consideration of the premises, then and there promised to pay the amount of said note to said plaintiff on request; And also for that whereas the said Joseph Smith Junior & of the firm of Rigdon, Smith & Cowdery aforesaid heretofore, to wit: on the twenty first day of December A.D. 1836 at in the & aforesaid, were indebted to the said plaintiff in the sum of three thousand dollars for so much money by the plaintiff then & there paid, laid out & expended for the said defendants, and lent & advanced to the said defendants at their special instance and request; Also in the further sum of three thousand dollars for so much money paid by the plaintiff for the damages, interest, protest & postages incurred upon divers promissory notes endorsed by the said defendants, at their like special instance and request; And in the sum of three thousand dollars for so much money by the said defendants then & there had and recieved to and for the use of the said plaintiff; And whereas the said defendants afterwards, to wit: on the fourth day of March AD. 1837 at aforesaid in consideration of the premises then & there promised to pay the said several sums of money to the plaintiff on request; Yet they have disregarded their promises and have not paid the said several sums of money, nor any, nor either of them, nor any part thereof, to the damage of the plaintiff three thousand dollars, and thereupon he sues, &c.
By Perkins & Osborn his attorneys. [p. 99]
Page 99