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Introduction to Eaton v. JS and O. Cowdery

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Introduction to Eaton v. JS and O. Cowdery Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery] Special Bail, 10 June 1837 [Eaton v. JS and O. Cowdery] Declaration, circa 7 July 1837 [Eaton v. JS and O. Cowdery] Docket Entry, Judgment, 27 October 1837 [Eaton v. JS and O. Cowdery] Docket Entry, Costs, circa 27 October 1837 [Eaton v. JS and O. Cowdery] Transcript of Proceedings, circa 27 October 1837 [Eaton v. JS and O. Cowdery]

Introduction to Eaton v. JS and O. Cowdery

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Eaton v. JS and O. Cowdery
Geauga Co., Ohio, Court of Common Pleas, 27 October 1837
 
Historical Introduction
On 11 October 1836, purchased over $1,100 of merchandise on credit from , a boot and shoe merchant in . This purchase was likely made on behalf of the , Ohio, firm . Eaton received payment by a promissory note, which was payable in six months at the not-yet-established . After the note became due and payment was not made, lawyers and John Foot commenced legal proceedings against JS and Cowdery on behalf of Eaton, entering a plea of to collect on the note. JS was arrested and brought before the court on 9 June; Cowdery could not be found. The following day, and entered on JS’s behalf. In July, Andrews and Foot filed Eaton’s declaration, which described in detail the damages sought, and the trial was set for the October 1837 court term.
At the end of September 1837, JS and other church leaders left to visit the Saints in , Missouri. JS was still in Far West when the Court of Common Pleas convened on 27 October. In his absence, a default judgment was rendered against him. The court attempted unsuccessfully to collect the judgment and costs in 1838 and again in 1839. Because JS had relocated to in early 1838 and transferred his property in Kirtland to agents, the court was unable to find property in his name to satisfy the debt. However, unlike many other debts to merchants, the obligation to was not included in JS’s 1842 bankruptcy application, suggesting that either the debt had been satisfied or that JS was unaware of any remaining debt.
 
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 (2)

October (2)

11 October 1836

Winthrop Eaton, Invoice, New York City, New York Co., NY, to Smith & Cowdery, Kirtland Township, Geauga Co., OH

  • 11 Oct. 1836; JS Office Papers, CHL; handwriting of John M. Valentine; dockets in handwriting of Marcellus Cowdery.
11 October 1836

JS and Oliver Cowdery, Promissory Note, Kirtland Township, Geauga Co., OH, to Winthrop Eaton

  • 11 Oct. 1836. Not extant.
 
Eaton v. JS and O. Cowdery, Geauga Co., Ohio, Court of Common Pleas

1837 (7)

June (2)

6 June 1837

David D. Aiken, Capias ad Respondendum, to Geauga Co. Sheriff, for JS and Oliver Cowdery, Chardon, Geauga Co., OH

  • 6 June 1837. Not extant.
  • Ca. 27 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 277, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
10 June 1837

John Gaylord and Reuben Hedlock, Special Bail, before David D. Aiken, Chardon, Geauga Co., OH

  • 10 June 1837. Not extant.
  • Ca. 27 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 277, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

July (1)

7 July 1837

Andrews & Foote on behalf of Winthrop Eaton, Declaration, Geauga Co., OH

  • 7 July 1837. Not extant.
  • Ca. 27 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 277–278, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

October (4)

27 October 1837

Docket Entry, Judgment, Chardon, Geauga Co., OH

  • 27 Oct. 1837; Geauga County Court of Common Pleas, Journal, vol. N, p. 252, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
Ca. 27 October 1837

Execution, Chardon, Geauga Co., OH

  • Ca. 27 Oct. 1837. Not extant.
Ca. 27 October 1837

Docket Entry, Costs, Chardon, Geauga Co., OH

  • Ca. 27 Oct. 1837; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 157, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of David D. Aiken; notation in unidentified handwriting; notation in handwriting of Charles H. Foot; notation in handwriting of David D. Aiken with signature of Abel Kimball.
Ca. 27 October 1837

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 27 Oct. 1837; Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 277–278, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.

1838 (1)

March (1)

27 March 1838

Capias ad Satisfaciendum, Chardon, Geauga Co., OH

  • 27 Mar. 1838. Not extant.

1839 (1)

April (1)

29 April 1839

Fieri Facias, Chardon, Geauga Co., OH

  • 29 Apr. 1839. Not extant.

1840 (1)

August (1)

14 August 1840

Receipt, Chardon, Geauga Co., OH

  • 14 Aug. 1840. Not extant.
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Editorial Title
Introduction to Eaton v. JS and O. Cowdery
ID #
14874
Total Pages
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    Footnotes

    1. Invoice, Winthrop Eaton to Smith & Cowdery, 11 Oct. 1836; Longworth’s American Almanac [1836], 231; Williams, New-York Annual Register [1836], 504; Ames, Autobiography and Journal, [12].

      Longworth’s American Almanac, New-York Register, and City Directory, of the Sixty-First Year of American Independence. . . . New York: Thomas Longworth, 1836.

      Williams, Edwin. New-York Annual Register for the Year of Our Lord 1836. Containing an Almanac, Civil and Judicial List; with Political, Statistical and Other Information, respecting the State of New-York and the United States. New York: Edwin Williams, 1836.

      Ames, Ira. Autobiography and Journal, 1858. CHL. MS 6055.

    2. Although the invoice from Eaton attributed this purchase to “Smith & Cowdery,” contextual evidence suggests that this was a purchase on behalf of the mercantile firm of Rigdon, Smith & Cowdery, which had made several purchases from wholesale merchants in New York City in October 1837. (See Historical Introduction to Deed to William Marks, 10 April 1837–B.)

    3. See Invoice, Winthrop Eaton to Smith & Cowdery, 11 Oct. 1836; Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; and Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837.

    4. Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery]. Assumpsit was an action brought to recover damages for breach of a simple contract or for the recovery of money; it was “the usual remedy upon promissory notes.” (Swan, Practice in Civil Actions and Proceedings at Law, 1:14.)

      Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

    5. Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery]. It is unknown why Cowdery could not be located. On 6 June 1837, he notified the Kirtland trustees that he had received his commission to act as a newly elected justice of the peace for the city. (Kirtland Township Trustees’ Minutes and Poll Book, 6 June 1837, p. 154.)

      Kirtland Township Trustees’ Minutes and Poll Book, 1817–1838. Lake County Historical Society, Painesville, OH.

    6. Special Bail, 10 June 1837 [Eaton v. JS and O. Cowdery].

    7. Declaration, 7 July 1837 [Eaton v. JS and O. Cowdery]; Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery].

    8. “Be it known unto the Saints scattered abroad greeting,” Elders’ Journal, Nov. 1837, 27.

    9. Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery]; Docket Entry, Judgment, 27 Oct. 1837 [Eaton v. JS and O. Cowdery].

    10. Docket Entry, Costs, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery]

    11. JS left Kirtland on 12 January and arrived in Far West on 14 March. (See Revelation, 12 Jan. 1838–C; and JS Journal, Mar.–Sept. 1838, 16.)

    12. Application for Bankruptcy, ca. 14–16 April 1842, in JSP, D9:364–369.

      JSP, D9 / Smith, Alex D., Christian K. Heimburger, and Christopher James Blythe, eds. Documents, Volume 9: December 1841–April 1842. Vol. 9 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2019.