Declaration, circa 4 December 1837 [L. Holmes and C. Holmes v. JS and Cahoon]

  • Source Note
  • Historical Introduction
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The State of Ohio)
ss. [scilicet])
In the Court of Common Pleas, Vacation after October Term AD 1837 Lory Holmes and Charles Holmes complain of Joseph Smith Jr. and in a plea of assumpsit for that whereas the said defendants on the fifth day of October AD 1836. at in said made their promissory note in writing and delivered the same to the plaintiffs and thereby jointly and severally promised to pay the plaintiffs or order five thousand dollars with use for value received on the first day of May AD. 1837 which period has now elapsed and the said defendants in consideration of the premises then and there promised to pay the amount of the said note to the said plaintiffs according to the tenor and effect thereof: And also for that whereas the said defendants heretofore to wit, on the first day of October AD 1836 at in said in said made their certain other promissory note in writing and delivered the same to the said plaintiffs and thereby jointly and severally promised to pay the said plaintiffs or order five thousand dollars with use for value received on the first day of September AD 1837 which period has now elapsed and the said defendants in consideration of the premises last aforesaid then and there promised to pay the amount of the said last mentioned note to the said plaintiffs according to the tenor and effect thereof: And also for that whereas the said defendants on the fifteenth day of October AD 1836 at aforesaid in the aforesaid made their certain other promissory note in writing and delivered the same to the said plaintiffs and thereby jointly and severally promised to pay the plaintiffs or bearer two hundred dollars on or before the first day of May AD 1837 with interest for value received with interest, which period has now elapsed and the said defendants in consideration of the premises last aforesaid then and there promised to pay the amount of the said last mentioned note to the said plaintiffs according to the tenor and effect thereof: And also for that whereas the said defendants heretofore to wit on the first day of September AD 1837 at in said County of and State of were indebted to said plaintiffs in the sum of ten thousand dollars for the work labour care diligence and attention of them the said plaintiffs by them the said plaintiffs before that time done performed and bestowed in and about the business of said defendants and for the said defendants and at their special instance and request: And also in the further sum of ten thousand dollars for divers goods wares and merchandize and other personal property before them by said plaintiffs sold and delivered to said defendants and at the like special instance and request of said defendant: And also in the further sum of ten thousand dollars [p. 64]
The State of Ohio)
ss. scilicet)
In the Court of Common Pleas, Vacation after October Term AD 1837 Lory Holmes and Charles Holmes complain of Joseph Smith Jr. and in a plea of assumpsit for that whereas the said defendants on the fifth day of October AD 1836. at in said made their promissory note in writing and delivered the same to the plaintiffs and thereby jointly and severally promised to pay the plaintiffs or order five thousand dollars with use for value received on the first day of May AD. 1837 which period has now elapsed and the said defendants in consideration of the premises then and there promised to pay the amount of the said note to the said plaintiffs according to the tenor and effect thereof: And also for that whereas the said defendants heretofore to wit, on the first day of October AD 1836 at in said in said made their certain other promissory note in writing and delivered the same to the said plaintiffs and thereby jointly and severally promised to pay the said plaintiffs or order five thousand dollars with use for value received on the first day of September AD 1837 which period has now elapsed and the said defendants in consideration of the premises last aforesaid then and there promised to pay the amount of the said last mentioned note to the said plaintiffs according to the tenor and effect thereof: And also for that whereas the said defendants on the fifteenth day of October AD 1836 at aforesaid in the aforesaid made their certain other promissory note in writing and delivered the same to the said plaintiffs and thereby jointly and severally promised to pay the plaintiffs or bearer two hundred dollars on or before the first day of May AD 1837 with interest for value received with interest, which period has now elapsed and the said defendants in consideration of the premises last aforesaid then and there promised to pay the amount of the said last mentioned note to the said plaintiffs according to the tenor and effect thereof: And also for that whereas the said defendants heretofore to wit on the first day of September AD 1837 at in said County of and State of were indebted to said plaintiffs in the sum of ten thousand dollars for the work labour care diligence and attention of them the said plaintiffs by them the said plaintiffs before that time done performed and bestowed in and about the business of said defendants and for the said defendants and at their special instance and request: And also in the further sum of ten thousand dollars for divers goods wares and merchandize and other personal property before them by said plaintiffs sold and delivered to said defendants and at the like special instance and request of said defendant: And also in the further sum of ten thousand dollars [p. 64]
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