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Introduction to Foster Sr. v. Luke Johnson et al.

Foster Sr. v. Luke Johnson, Lyman Johnson, H. Smith, and JS
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 23 December 1837
 
Historical Introduction
On 18 December 1837, William Foster Sr. commenced an action of debt against , , , and JS for payment of a promissory note. Luke and Lyman Johnson had signed a promissory note for $100.45 plus interest to Hyrum Smith on 15 May 1837. The reason for the debt is unknown. When Hyrum Smith subsequently gave the note to Foster, it was endorsed by himself and JS. Two payments were made on the note—$31.00 in June 1837 and $66.12 in September 1837.
Foster commenced an action against both the Johnsons, as the signers of the note, and against and JS, as the endorsers, in an attempt to recover the remaining debt in mid-December 1837. , a , Ohio, justice of the peace, issued a summons for the defendants, which constable James Markell personally served on all of them except , who had moved to , Missouri. By this time, Lyman and had joined with dissenters who questioned JS’s authority and leadership. As a result, the Kirtland high council excommunicated Luke Johnson and several other dissenters in late December 1837. When the matter came to trial on 23 December, the defendants failed to appear, and judgment was granted to Foster for $9.02. Lyman Cowdery entered a recognizance with the court as an assurance that the defendants would satisfy the judgment. Within three weeks of the judgment, Foster asked the court to transfer his judgment to J. W. & W. W. Oakley. By May 1838, the judgment was satisfied “in full,” excluding court costs.
 
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.
Foster Sr. v. Luke Johnson, Lyman Johnson, H. Smith, and JS
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 23 December 1837
 
Historical Introduction
On 18 December 1837, William Foster Sr. commenced an action of debt against , , , and JS for payment of a promissory note. Luke and Lyman Johnson had signed a promissory note for $100.45 plus interest to Hyrum Smith on 15 May 1837. The reason for the debt is unknown. When Hyrum Smith subsequently gave the note to Foster, it was endorsed by himself and JS. Two payments were made on the note—$31.00 in June 1837 and $66.12 in September 1837.
Foster commenced an action against both the Johnsons, as the signers of the note, and against and JS, as the endorsers, in an attempt to recover the remaining debt in mid-December 1837. , a , Ohio, justice of the peace, issued a summons for the defendants, which constable James Markell personally served on all of them except , who had moved to , Missouri. By this time, Lyman and had joined with dissenters who questioned JS’s authority and leadership. As a result, the Kirtland high council excommunicated Luke Johnson and several other dissenters in late December 1837. When the matter came to trial on 23 December, the defendants failed to appear, and judgment was granted to Foster for $9.02. Lyman Cowdery entered a recognizance with the court as an assurance that the defendants would satisfy the judgment. Within three weeks of the judgment, Foster asked the court to transfer his judgment to J. W. & W. W. Oakley. By May 1838, the judgment was satisfied “in full,” excluding court costs.
 
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.
 
 
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court