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Introduction to Martindale v. JS et al.

Martindale v. JS, Whitney, Cahoon, and Johnson
Geauga Co., Ohio, Court of Common Pleas, 5 June 1837
 
Historical Introduction
In October 1836, JS, , , and signed a promissory note and became indebted to Timothy Martindale in the amount of $5,000. The debt apparently related to the purchase of a farm Martindale owned in , Ohio. The note was due on 1 January 1837. By February, the note had not been paid, and attorney , acting on Martindale’s behalf, initiated legal proceedings on a plea of assumpsit against JS and the others in the Court of Common Pleas. The court issued a writ of capias ad respondendum for the defendants on 16 February, and Abel Kimball, a sheriff for Geauga County, arrested JS, Whitney, Cahoon, and Johnson on 22 February. The four men were released on $10,000 bail, with four fellow Latter-day Saints serving as sureties. A month later, church members and provided special bail in the March court term for the same amount.
On 24 April, filed the plaintiff’s declaration with the court, outlining two separate claims—one for the $5,000 note, and a second for an additional $1,000, which the defendants had promised to pay Martindale on 20 February 1837, perhaps in an effort to avoid litigation on the unpaid promissory note. and the other defendants endeavored to negotiate with Martindale, but he would not settle unless he received $2,500 and kept the farm and the defendants paid court costs. Martindale’s terms were apparently accepted, and the case was settled out of court sometime between 24 April and 5 June 1837.
 
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.
Martindale v. JS, Whitney, Cahoon, and Johnson
Geauga Co., Ohio, Court of Common Pleas, 5 June 1837
 
Historical Introduction
In October 1836, JS, , , and signed a promissory note and became indebted to Timothy Martindale in the amount of $5,000. The debt apparently related to the purchase of a farm Martindale owned in , Ohio. The note was due on 1 January 1837. By February, the note had not been paid, and attorney , acting on Martindale’s behalf, initiated legal proceedings on a plea of assumpsit against JS and the others in the Court of Common Pleas. The court issued a writ of capias ad respondendum for the defendants on 16 February, and Abel Kimball, a sheriff for Geauga County, arrested JS, Whitney, Cahoon, and Johnson on 22 February. The four men were released on $10,000 bail, with four fellow Latter-day Saints serving as sureties. A month later, church members and provided special bail in the March court term for the same amount.
On 24 April, filed the plaintiff’s declaration with the court, outlining two separate claims—one for the $5,000 note, and a second for an additional $1,000, which the defendants had promised to pay Martindale on 20 February 1837, perhaps in an effort to avoid litigation on the unpaid promissory note. and the other defendants endeavored to negotiate with Martindale, but he would not settle unless he received $2,500 and kept the farm and the defendants paid court costs. Martindale’s terms were apparently accepted, and the case was settled out of court sometime between 24 April and 5 June 1837.
 
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.
 
 
Martindale v. JS et al., Geauga Co., Ohio, Court of Common Pleas