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Introduction to JS et al. v. C. B. Street and M. B. Street

JS, H. Smith, Haws, G. Miller, and the estate of Knight v. C. B. Street and M. B. Street
Hancock Co., Illinois, Circuit Court, circa 22 May 1846
 
Historical Introduction
In early February 1844, JS, , , , and the estate of initiated legal proceedings in the circuit court of , Illinois, to recover an unpaid promissory note from Charles B. Street and his brother Marvin B. Street.
The Streets’ promissory note, which had been signed three years earlier, on 17 February 1841, represented their balance for their purchase of a majority interest in the steamboat Nauvoo. —with JS, , , and as sureties—had purchased the steamboat Des Moines in September 1840 from Captain Robert E. Lee, representing the government, at a public auction in , Illinois. They subsequently renamed the boat Nauvoo. The boat sustained damage after operating for only a few weeks.
In January 1841, JS and his partners—including , who had replaced —sold one-sixth ownership interest in the steamboat to Edwin Guthrie. A month later, they sold the remaining five-sixths interest to Charles B. and Marvin B. Street, merchants in , Illinois. As part of the purchase, the Streets signed a promissory note on 17 February for $3,133.62, payable in goods and merchandise and due 1 June 1841. The Streets made a payment of $1,025 on 22 June 1841, but the remaining balance was apparently left unpaid.
In February 1844, attorneys and , acting on behalf of JS and his partners, initiated a civil action of against the Streets in the Circuit Court, claiming $4,000 in damages. In May, Bachman and Skinner filed the plaintiffs’ , which asserted in multiple counts that the Streets had failed to completely pay the $3,133.62 note.
In response, the defendants, through their attorneys William N. Grover and , filed alleging that they “did not assume and promise in manner and form” as claimed by the plaintiffs. They countered with numerous demands, claiming $2,000 in lost earnings due to the boat’s wreck and its resulting poor reputation, which caused the loss of potential freight and passengers. The defendants further claimed that the plaintiffs owed them $5,000, which they requested be included in the case to offset the demands against them. The Streets also made accusations of fraud concerning two promissory notes from Guthrie, which they had been unable to receive payment for and therefore considered fraudulent. and filed a special responding to the defendants’ pleas in May.
In June 1844, amid these legal proceedings, JS and were killed at . Several months later, in October 1844, formally notified the court of their demise, leaving and as the remaining surviving plaintiffs in the case. Following JS’s death, the defendants filed another plea accusing JS and his partners of selling them the steamboat “with intent to cheat and defraud” because they had represented the boat as “free from all incumbrances” and “in good credit and repute.” The suit continued until May 1846, when, on the plaintiffs’ motion, the case was dismissed. Apparently an agreement had been reached between the parties.
 
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.
JS, H. Smith, Haws, G. Miller, and the estate of Knight v. C. B. Street and M. B. Street
Hancock Co., Illinois, Circuit Court, circa 22 May 1846
 
Historical Introduction
In early February 1844, JS, , , , and the estate of initiated legal proceedings in the circuit court of , Illinois, to recover an unpaid promissory note from Charles B. Street and his brother Marvin B. Street.
The Streets’ promissory note, which had been signed three years earlier, on 17 February 1841, represented their balance for their purchase of a majority interest in the steamboat Nauvoo. —with JS, , , and as sureties—had purchased the steamboat Des Moines in September 1840 from Captain Robert E. Lee, representing the government, at a public auction in , Illinois. They subsequently renamed the boat Nauvoo. The boat sustained damage after operating for only a few weeks.
In January 1841, JS and his partners—including , who had replaced —sold one-sixth ownership interest in the steamboat to Edwin Guthrie. A month later, they sold the remaining five-sixths interest to Charles B. and Marvin B. Street, merchants in , Illinois. As part of the purchase, the Streets signed a promissory note on 17 February for $3,133.62, payable in goods and merchandise and due 1 June 1841. The Streets made a payment of $1,025 on 22 June 1841, but the remaining balance was apparently left unpaid.
In February 1844, attorneys and , acting on behalf of JS and his partners, initiated a civil action of against the Streets in the Circuit Court, claiming $4,000 in damages. In May, Bachman and Skinner filed the plaintiffs’ , which asserted in multiple counts that the Streets had failed to completely pay the $3,133.62 note.
In response, the defendants, through their attorneys William N. Grover and , filed alleging that they “did not assume and promise in manner and form” as claimed by the plaintiffs. They countered with numerous demands, claiming $2,000 in lost earnings due to the boat’s wreck and its resulting poor reputation, which caused the loss of potential freight and passengers. The defendants further claimed that the plaintiffs owed them $5,000, which they requested be included in the case to offset the demands against them. The Streets also made accusations of fraud concerning two promissory notes from Guthrie, which they had been unable to receive payment for and therefore considered fraudulent. and filed a special responding to the defendants’ pleas in May.
In June 1844, amid these legal proceedings, JS and were killed at . Several months later, in October 1844, formally notified the court of their demise, leaving and as the remaining surviving plaintiffs in the case. Following JS’s death, the defendants filed another plea accusing JS and his partners of selling them the steamboat “with intent to cheat and defraud” because they had represented the boat as “free from all incumbrances” and “in good credit and repute.” The suit continued until May 1846, when, on the plaintiffs’ motion, the case was dismissed. Apparently an agreement had been reached between the parties.
 
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.
 
  • 1841 (2)
    • February (2)
      17 February 1841

      Charles B. Street and Marvin B. Street, Promissory Note, Nauvoo, Hancock Co., IL, to JS and Others

      • 17 Feb. 1841. Not extant.
      • Ca. 7 May 1844; in Bachman & Skinner on behalf of JS and Others, Declaration, p. [9], photocopy in Historical Department, Materials Received from Mark W. Hofmann, CHL; handwriting of Onias Skinner. QUESTIONED AUTHENTICITY.
      26 February–July 1841

      C. B. & M. B. Street, Statement of Account, to JS and Others, Carthage, Hancock Co., IL

      • 26 Feb.–July 1841; Claims on the Estates of Joseph and Hyrum Smith, BYU; handwriting of Charles B. Street; docket in handwriting of Charles B. Street; notation probably in handwriting of Jacob B. Backenstos.
 
Hancock Co., Illinois, Circuit Court
  • 1844 (23)
    • February (2)
      7 February 1844

      Bachman & Skinner on behalf of JS and Others, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 7 Feb. 1844; Hancock County Courthouse, Carthage, IL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; notation in handwriting of Jacob B. Backenstos.
      14 February 1844

      Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for Charles B. Street and Others, Carthage, Hancock Co., IL

      • 14 Feb. 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of Jacob B. Backenstos.
    • May (11)
      3 May 1844

      Bachman & Skinner on behalf of JS and Others, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 3 May 1844; Hancock County Courthouse, Carthage, IL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; notation in handwriting of Jacob B. Backenstos.
      3 May 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Miles B. Mann, Carthage, Hancock Co., IL

      • 3 May 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of David E. Head.
      Ca. 7 May 1844

      Bachman & Skinner on behalf of JS and Others, Declaration, Hancock Co., IL

      • Ca. 7 May 1844; photocopy in Historical Department, Materials Received from Mark W. Hofmann, CHL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; notation in handwriting of Jacob B. Backenstos. QUESTIONED AUTHENTICITY.
      Ca. 13 May 1844

      Morrison & Grover on behalf of Charles B. Street and Marvin B. Street, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • Ca. 13 May 1844; Hancock County Courthouse, Carthage, IL; unidentified handwriting, presumably either Thomas Morrison or William N. Grover; docket and notation probably in handwriting of Jacob B. Backenstos.
      14 May 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for F. A. Worrell and Others, Carthage, Hancock Co., IL

      • 14 May 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos.
      20 May 1844

      Docket Entry, Order to Plead, Carthage, Hancock Co., IL

      • 20 May 1844; Hancock County Circuit Court Record, vol. D, p. [81], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      Ca. 23 May 1844

      Morrison & Grover on behalf of Charles B. Street and Marvin B. Street, Pleas and Account, Hancock Co., IL

      • Ca. 23 May 1844; Hancock County Courthouse, Carthage, IL; unidentified handwriting, presumably either Thomas Morrison or William N. Grover; docket in unidentified handwriting; docket and notation probably in handwriting of Jacob B. Backenstos.
      24 May 1844

      Docket Entry, Pleas, Carthage, Hancock Co., IL

      • 24 May 1844; Hancock County Circuit Court Record, vol. D, p. [131], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      25 May 1844

      Docket Entry, Continuance, Carthage, Hancock Co., IL

      • 25 May 1844; Hancock County Circuit Court Record, vol. D, p. 140, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      Ca. 29 May 1844

      William Richardson and Onias Skinner on behalf of JS and Others, Demurrer, Hancock Co., IL

      • Ca. 29 May 1844; Hancock County Courthouse, Carthage, IL; handwriting of William Richardson, with insertion by unidentified scribe, presumably either Thomas Morrison or William N. Grover; signatures of William Richardson and Onias Skinner by William Richardson; docket in handwriting of Onias Skinner; notation in handwriting of Jacob B. Backenstos.
      30 May 1844

      Docket Entry, Demurrer, Carthage, Hancock Co., IL

      • 30 May 1844; Hancock County Circuit Court Record, vol. D, p. [159], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    • October (9)
      Ca. 15 October 1844

      Morrison & Grover on behalf of Charles B. Street and Marvin B. Street, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • Ca. 15 Oct. 1844; Hancock County Courthouse, Carthage, IL; unidentified handwriting, presumably either Thomas Morrison or William N. Grover; docket probably in handwriting of Jacob B. Backenstos; notation in unidentified handwriting; notation probably in handwriting of Jacob B. Backenstos.
      16 October 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Daniel Prentiss and Others, Carthage, Hancock Co., IL

      • 16 Oct. 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in unidentified handwriting; witnessed by David E. Head on behalf of Jacob B. Backenstos; docket printed with manuscript additions in unidentified handwriting; notations printed with manuscript additions in handwriting of Miner R. Deming and E.B. Rose.
      Ca. 17 October 1844

      Charles B. Street, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • Ca. 17 Oct. 1844; Hancock County Courthouse, Carthage, IL; handwriting of Jacob B. Backenstos; signature of Charles B. Street; docket and notation in handwriting of Jacob B. Backenstos.
      18 October 1844

      David E. Head on behalf of Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Charles Jewett, Carthage, Hancock Co., IL

      • 18 Oct. 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of Miner R. Deming.
      21 October 1844

      Docket Entry, Notification of Death, Carthage, Hancock Co., IL

      • 21 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [171], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      24 October 1844

      Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Edwin Guthrie, Carthage, Hancock Co., IL

      • 24 Oct. 1844; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of Miner R. Deming.
      30 October 1844

      Docket Entry, Sustained Demurrer, Carthage, Hancock Co., IL

      • 30 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [223], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      Ca. 30 October 1844

      Morrison & Grover on behalf of Charles B. Street and Marvin B. Street, Amended Pleas, Hancock Co., IL

      • Ca. 30 Oct. 1844; Hancock County Courthouse, Carthage, IL; unidentified handwriting, presumably either Thomas Morrison or William N. Grover; docket in unidentified handwriting, presumably either Thomas Morrison or William N. Grover; notation in handwriting of Jacob B. Backenstos.
      31 October 1844

      Docket Entry, Pleas, Carthage, Hancock Co., IL

      • 31 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 224, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
    • November (1)
      1 November 1844

      Docket Entry, Motions, Carthage, Hancock Co., IL

      • 1 Nov. 1844; Hancock County Circuit Court Record, vol. D, p. 226, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
  • 1845 (4)
    • May (2)
      Ca. 18 May 1845

      William Richardson and Onias Skinner on behalf of JS and Others, Demurrer, Hancock Co., IL

      • Ca. 18 May 1845; Hancock County Courthouse, Carthage, IL; handwriting of William Richardson; docket and notation in handwriting of David E. Head.
      19 May 1845

      Docket Entry, Demurrer, Carthage, Hancock Co., IL

      • 19 May 1845; Hancock County Circuit Court Record, vol. D, p. 242, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
    • October (2)
      20 October 1845

      Docket Entry, Demurrer Sustained and Overruled, Carthage, Hancock Co., IL

      • 20 Oct. 1845; Hancock County Circuit Court Record, vol. D, p. 318, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of David E. Head.
      21 October 1845

      Docket Entry, Demurrer Sustained and Leave to Amend, Carthage, Hancock Co., IL

      • 21 Oct. 1845; Hancock County Circuit Court Record, vol. D, p. [325], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of David E. Head.
  • 1846 (3)
    • May (3)
      22 May 1846

      Docket Entry, Continuance, Carthage, Hancock Co., IL

      • 22 May 1846; Hancock County Circuit Court Record, vol. D, p. 438, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      22 May 1846

      Docket Entry, Dismissal, Carthage, Hancock Co., IL

      • 22 May 1846; Hancock County Circuit Court Record, vol. D, p. [443], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting probably of David E. Head.
      Ca. 22 May 1846

      Docket Entry, Carthage, Hancock Co., IL

      • Ca. 22 May 1846; Hancock County Circuit Court, Judgment Docket, vol. C, p. 230, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.