Introduction to Cahoon, Carter & Co. for the use of JS v. Draper

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Introduction to Cahoon, Carter & Co. for the use of JS v. Draper Docket Entry, between 15 and circa 25 July 1837 [Cahoon, Carter & Co. for the use of JS v. Draper]
Introduction to Cahoon, Carter & Co. for the use of JS v. Draper
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Cahoon, Carter & Co. for the use of JS v. Draper

Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, circa August 1837

Historical Introduction

The year 1837 was a period of economic unrest for 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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. A financial crisis gripped the entire country, resulting in failed banks and declining land values.
1
“Joseph Smith Documents from October 1835 through January 1838”; Historical Introduction to Charges against Joseph Smith Preferred to Bishop’s Council, 29 May 1837.
As a result, JS’s financial situation became increasingly strained.
2
During 1837, the Kirtland Safety Society failed, the church was in debt for the construction of the temple, and financial matters were one of JS’s primary worries. (Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; Historical Introduction to Notice, ca. Late August 1837; Historical Introduction to Discourse, 6 Apr. 1837.)
By April 1837, several lawsuits were initiated for debts owed by JS and business ventures in which he was associated.
3
Letter from Emma Smith, 3 May 1837, in JSP, D5:373n55).
Comprehensive Works Cited
JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
JS, in turn, sought to recover debts owed to him, including a debt owed by
Marvin Draper
ca. 1814–? Born in Upper Canada. Son of William Draper Sr. and Lydia Lathrop. Baptized into Church of Jesus Christ of Latter-day Saints, in Upper Canada. Moved to Kirtland, Geauga Co., Ohio, 1835. Defendant in court case of Cahoon, Carter & Co. for the use...
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. In December 1836, Draper became indebted to the
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, 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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in the amount of $4.49.
4
Docket Entry, between 15 and ca. 25 July 1837 [Cahoon, Carter & Co. for the use of JS v. Draper]. This debt was one of several debts recorded on a document titled “List of Notes returned by R Cahoon,” ca. July 1836.
At some point the note was
assigned
“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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to JS. When Draper failed to pay the debt, an action commenced in July 1837 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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, recently elected justice of the peace for Kirtland Township.
5
Docket Entry, between 15 and ca. 25 July 1837 [Cahoon, Carter & Co. for the use of JS v. Draper]; 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.

Constable
Burton 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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noted that he served the summons “by copy” on 22 July.
Draper
ca. 1814–? Born in Upper Canada. Son of William Draper Sr. and Lydia Lathrop. Baptized into Church of Jesus Christ of Latter-day Saints, in Upper Canada. Moved to Kirtland, Geauga Co., Ohio, 1835. Defendant in court case of Cahoon, Carter & Co. for the use...
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failed to appear on 25 July, and the court continued the matter until August.
6
Docket Entry, between 15 and ca. 25 July 1837 [Cahoon, Carter & Co. for the use of JS v. Draper]. Apparently Draper was not personally served with the summons; statute allowed a copy to be left at his residence. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1746, secs. 15, 17.)
The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.
The docket entry abruptly ends, and there are no extant records to indicate whether the case was tried or if the debt was resolved.
7
The firm Cahoon, Carter & Co. was party to or mentioned in several other legal proceedings for debt collection that involved JS: Patterson and Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Co.; Cahoon, Carter & Co. for the use of JS v. Avery; and Spencer v. Cahoon et al. For examples of cases that did not involve JS, see Transcript of Proceedings, 24 Oct. 1837, Newbold v. Cahoon, Carter & Co. [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 364–366; Transcript of Proceedings, 3 Apr. 1838, Scribner v. Cahoon, Carter & Co. [Geauga Co. C.P. 1838], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 584–585; Transcript of Proceedings, 5 June 1837, Kelley v. Cahoon, Carter & Co. [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 100–101, microfilm 20,279, U.S. and Canada Record Collection, FHL; Docket Entry, Costs, 3 Apr. 1838, Jonathan F. Scribner v. Cahoon et al. [Geauga Co. C.P. 1838], Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 355; and Docket Entry, Costs, 5 June 1837, Kelley v. Cahoon, Carter & Co. [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 57, microfilm 20,286, U.S. and Canada Record Collection, FHL. Additionally, there is the case of Lowell Goodman v. Cahoon, Smith, and Carter, which is based on a 20 May 1835 contract and appears to predate their forming the company. (Transcript of Proceedings, 25 Oct. 1836, Goodman v. Cahoon, Smith, and Carter [Geauga Co. C.P. 1836], Geauga County Court of Common Pleas, Common Pleas Record, vol. S, pp. 438–440, microfilm 20,279, U.S. and Canada Record Collection, FHL.)
U.S. and Canada Record Collection. FHL.

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)
December (1)
14 December 1836
Marvin Draper, Promissory Note, Kirtland Township, Geauga Co., OH, to Cahoon, Carter & Co.
14 Dec. 1836. Not extant.
1
See Docket Entry, between 15 and ca. 25 July 1837 [Cahoon, Carter & Co. for the use of JS v. Draper].

Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court
1837 (2)
July (2)
15 July 1837
Oliver Cowdery, Summons, to Burton Phelps, for Marvin Draper, Kirtland Township, Geauga Co., OH
15 July 1837. Not extant.
1
See Docket Entry, between 15 and ca. 25 July 1837 [Cahoon, Carter & Co. for the use of JS v. Draper].
22 July 1837. Not extant.
2
Copy of summons left for Marvin Draper. (See Docket Entry, between 15 and ca. 25 July 1837 [Cahoon, Carter & Co. for the use of JS v. Draper].)

Between 15 and ca. 25 July 1837
Docket Entry, Kirtland Township, Geauga Co., OH
Between 15 and ca. 25 July 1837; Cowdery, Docket Book, 126; handwriting of Warren F. Cowdery.

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Footnotes
[1]
“Joseph Smith Documents from October 1835 through January 1838”; Historical Introduction to Charges against Joseph Smith Preferred to Bishop’s Council, 29 May 1837.
[2]
During 1837, the Kirtland Safety Society failed, the church was in debt for the construction of the temple, and financial matters were one of JS’s primary worries. (Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; Historical Introduction to Notice, ca. Late August 1837; Historical Introduction to Discourse, 6 Apr. 1837.)
[3]
Letter from Emma Smith, 3 May 1837, in JSP, D5:373n55).
JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
[4]
Docket Entry, between 15 and ca. 25 July 1837 [Cahoon, Carter & Co. for the use of JS v. Draper]. This debt was one of several debts recorded on a document titled “List of Notes returned by R Cahoon,” ca. July 1836.
[5]
Docket Entry, between 15 and ca. 25 July 1837 [Cahoon, Carter & Co. for the use of JS v. Draper]; 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.
[6]
Docket Entry, between 15 and ca. 25 July 1837 [Cahoon, Carter & Co. for the use of JS v. Draper]. Apparently Draper was not personally served with the summons; statute allowed a copy to be left at his residence. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1746, secs. 15, 17.)
The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.
[7]
The firm Cahoon, Carter & Co. was party to or mentioned in several other legal proceedings for debt collection that involved JS: Patterson and Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Co.; Cahoon, Carter & Co. for the use of JS v. Avery; and Spencer v. Cahoon et al. For examples of cases that did not involve JS, see Transcript of Proceedings, 24 Oct. 1837, Newbold v. Cahoon, Carter & Co. [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 364–366; Transcript of Proceedings, 3 Apr. 1838, Scribner v. Cahoon, Carter & Co. [Geauga Co. C.P. 1838], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 584–585; Transcript of Proceedings, 5 June 1837, Kelley v. Cahoon, Carter & Co. [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 100–101, microfilm 20,279, U.S. and Canada Record Collection, FHL; Docket Entry, Costs, 3 Apr. 1838, Jonathan F. Scribner v. Cahoon et al. [Geauga Co. C.P. 1838], Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 355; and Docket Entry, Costs, 5 June 1837, Kelley v. Cahoon, Carter & Co. [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 57, microfilm 20,286, U.S. and Canada Record Collection, FHL. Additionally, there is the case of Lowell Goodman v. Cahoon, Smith, and Carter, which is based on a 20 May 1835 contract and appears to predate their forming the company. (Transcript of Proceedings, 25 Oct. 1836, Goodman v. Cahoon, Smith, and Carter [Geauga Co. C.P. 1836], Geauga County Court of Common Pleas, Common Pleas Record, vol. S, pp. 438–440, microfilm 20,279, U.S. and Canada Record Collection, FHL.)
U.S. and Canada Record Collection. FHL.