Introduction to C. Lake for the use of Quinn v. Millet et al.

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Introduction to C. Lake for the use of Quinn v. Millet et al. Docket Entry, circa 10 July 1837 [C. Lake for the use of Quinn v. Millet et al.] Recognizance, 22 July 1837 [C. Lake for the use of Quinn v. Millet et al.]
Introduction to C. Lake for the use of Quinn v. Millet et al.
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C. Lake for the use of Quinn v. Millet, JS, and H. Smith

Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 10 July 1837

Historical Introduction

On 26 September 1836, JS,
Artemus Millet
11 Sept. 1790–19 Nov. 1874. Farmer, lumberman, merchant, builder, stonemason. Born at Westmoreland, Cheshire Co., New Hampshire. Son of Ebenezer Millet and Catherine Dryden. Moved to Stockbridge, Windsor Co., Vermont, fall 1800; to Shelburn, Chittendon Co...
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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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borrowed fifty dollars from
Cyrus Lake
5 Jan. 1814–18 July 1858. Farmer. Born in Ernestown, Lenox and Addington Co., Upper Canada. Son of James Lake Jr. and Mary. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1832. Moved to Kirtland, Geauga Co., Ohio, 1833. Participated in Camp...
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, a church member in
Kirtland Township
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.
1
JS History, vol. B-1, 579–580.
Comprehensive Works Cited
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
The surviving court document does not specify the reason for the promissory note, which came due in January 1837, bearing interest. Sometime between September 1836 and July 1837, Lake transferred the note to
Christopher Quinn
22 Oct. 1812–21 Nov. 1889. Farmer, merchant, county clerk, furnace manufacturer. Born in Clare, County Down, Ireland. Son of Christopher Quinn and Martha. Immigrated to U.S., 1832. Moved to Cleveland; to Euclid, Cuyahoga Co., Ohio; to Willoughby, Cuyahoga...
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. The language stating that the lawsuit was “
for the use of
“When a suit is brought in the name of one person for the use of another, the only object of naming the assignee in the suit, is to show who controls (or actually owns) the suit, and to whom the officer may pay over the avails of the judgement.”
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” Quinn informed officers of the court that Quinn was the owner of the promissory note.

In 1837, a banking crisis led to a major financial panic in the
United States
North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...
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. As the panic unfolded in May 1837,
Quinn
22 Oct. 1812–21 Nov. 1889. Farmer, merchant, county clerk, furnace manufacturer. Born in Clare, County Down, Ireland. Son of Christopher Quinn and Martha. Immigrated to U.S., 1832. Moved to Cleveland; to Euclid, Cuyahoga Co., Ohio; to Willoughby, Cuyahoga...
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started calling in debts and foreclosing mortgages.
2
Painesville Telegraph, 11 Jan. 1838, 4:2.
Painesville Telegraph. Painesville, OH. 1822–1986.
Not long after, legal action was commenced before
Oliver Cowdery
3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...
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, a justice of the peace in
Kirtland Township
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...
More Info
, to collect on the note. Cowdery ordered the constable,
Burton H. Phelps
4 May 1806–7 May 1885. Constable, wainwright, attorney, laborer, wheelwright. Born in New York. Son of Samuel Phelps and Rebecca. Married first Amanda, ca. 1831. Baptized into Church of Jesus Christ of Latter-day Saints, Feb. 1833. Moved to Geauga Co., Ohio...
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, to summon JS,
Millet
11 Sept. 1790–19 Nov. 1874. Farmer, lumberman, merchant, builder, stonemason. Born at Westmoreland, Cheshire Co., New Hampshire. Son of Ebenezer Millet and Catherine Dryden. Moved to Stockbridge, Windsor Co., Vermont, fall 1800; to Shelburn, Chittendon Co...
View Full Bio
, 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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to court.
3
Kirtland Township Trustees’ Minutes and Poll Book, 29 Apr. and 6 June 1837, pp. 153–154.
Kirtland Township Trustees’ Minutes and Poll Book, 1817–1838. Lake County Historical Society, Painesville, OH.
When the defendants did not appear, the court rendered judgment against them.
John Gould
21 Dec. 1784–25 June 1855. Pastor, farmer. Born in New Hampshire. Married first Oliva Swanson of Massachusetts. Resided at Portsmouth, Rockingham Co., New Hampshire, 1808. Lived in Vermont. Moved to northern Pennsylvania, 1817. Served as minister in Freewill...
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entered a
recognizance
“An obligation of record . . . to do some act required by law,” such as “to keep the peace, to pay a debt, or the like.” Recognizance is “somewhat like an ordinary bond, the difference being that a bond is the creation of a fresh debt, or obligation de novo...
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for the defendants for one hundred dollars, guaranteeing payment of the judgment of $52.39.
4
Ohio law provided that payment of a judgment could be stayed if bail was given. The language of Gould’s recognizance followed the form published in the Ohio statutes, except that it omitted the phrase “for stay of execution.” (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Acts of a General Nature [1831], pp. 181, 191, secs. 63–64, 114.)
Acts of a General Nature, Enacted, Revised and Ordered to Be Reprinted, at the First Session of the Twenty-Ninth General Assembly of the State of Ohio. Columbus: Olmsted and Bailhache, 1831.
On 1 January 1838, Quinn attested that he received the amount awarded by the court.

Calendar of Documents

This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.

1836 (1)
September (1)
26 September 1836
JS and Others, Promissory Note, Kirtland Township, Geauga Co., OH, to Cyrus Lake
26 Sept. 1836. Not extant.
1
See Docket Entry, ca. 10 July 1837 [C. Lake for the use of Quinn v. Millet et al.].

C. Lake for the use of Quinn v. Millet et al., Justice of the Peace Court
1837 (3)
July (3)
8 July 1837
Oliver Cowdery, Summons, to Burton H. Phelps, Kirtland Township, Geauga Co., OH
8 July 1837. Not extant.
1
See Docket Entry, ca. 10 July 1837 [C. Lake for the use of Quinn v. Millet et al.].

Ca. 10 July 1837
Docket Entry, Kirtland Township, Geauga Co., OH
Ca. 10 July 1837; Cowdery, Docket Book, 91; handwriting of Warren F. Cowdery and Oliver Cowdery; signature of John Gould; notation in handwriting of Christopher Quinn.

22 July 1837
Recognizance, Kirtland Township, Geauga Co., OH, for John Gould
22 July 1837. Not extant.
22 July 1837; in Docket Entry, Cowdery, Docket Book, 91; handwriting of Oliver Cowdery; signature of John Gould.

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Footnotes
[1]
JS History, vol. B-1, 579–580.
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
[2]
Painesville Telegraph, 11 Jan. 1838, 4:2.
Painesville Telegraph. Painesville, OH. 1822–1986.
[3]
Kirtland Township Trustees’ Minutes and Poll Book, 29 Apr. and 6 June 1837, pp. 153–154.
Kirtland Township Trustees’ Minutes and Poll Book, 1817–1838. Lake County Historical Society, Painesville, OH.
[4]
Ohio law provided that payment of a judgment could be stayed if bail was given. The language of Gould’s recognizance followed the form published in the Ohio statutes, except that it omitted the phrase “for stay of execution.” (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Acts of a General Nature [1831], pp. 181, 191, secs. 63–64, 114.)
Acts of a General Nature, Enacted, Revised and Ordered to Be Reprinted, at the First Session of the Twenty-Ninth General Assembly of the State of Ohio. Columbus: Olmsted and Bailhache, 1831.