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Introduction to G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery Summons, 28 March 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Declaration, circa 29 April 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Docket Entry, Judgment, 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Docket Entry, Costs, circa 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Transcript of Proceedings, circa 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Assignment of Judgment, 17 March 1838 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Notice, 1 May 1838 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Docket Entry, Motion, 4 May 1841 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]

Introduction to G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery

Page

G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery
Geauga Co., Ohio, Court of Common Pleas, 5 June 1837
 
Historical Introduction
On 15 June 1836, the firm of
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...

View Glossary
, which operated a store in
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...

More Info
, Ohio, bought $289.96 worth of goods from the
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

More Info
mercantile firm of
Gardner & Patterson

A wholesale crocker firm operated by merchants Charles Gardner and George Patterson in Buffalo, New York, from 1834 to 1842. Newel K. Whitney purchased goods from the firm for his store in 1834. The Kirtland firms of Cahoon, Carter & Co. and Rigdon, Smith...

View Glossary
, operated by merchants
Charles Gardner

ca. 1801–12 Aug. 1873. Crockery merchant, farmer, justice of the peace. Born in Columbia Co., New York. Married Jane Matilda Patterson, 26 Nov. 1825, in Hudson, Columbia Co. Moved to Buffalo, Erie Co., New York, ca. 1828. Operated wholesale crockery business...

View Full Bio
and
George Patterson

ca. 1810–23 Sept. 1843. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Lived in Hudson, Columbia Co., New York. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning...

View Full Bio
.
1

Invoice and Letter, Gardner & Patterson to Cahoon, Carter & Co., 15 June 1836. Charles Gardner came to Buffalo, New York, in 1828. By 1832 he had gone into business with George Patterson. Gardner & Patterson were well-known merchants in Buffalo who imported and sold china, glass, mirrors, and earthenware. By 1836 they had extended their business as far west as Detroit, Michigan. (Smith, History of the City of Buffalo and Erie County, 1:740; Directory for the City of Buffalo [1832], 75, 76, 97; “Patterson, Gardner and Mather,” Constantine [MI] Republican, 21 Dec. 1836, [4].)


Comprehensive Works Cited

Smith, H. Perry, ed. History of the City of Buffalo and Erie County, with Illustrations and Biographical Sketches of Some of Its Prominent Men and Pioneers. 2 vols. Syracuse, NY: D. Mason, 1884.

A Directory for the City of Buffalo; Containing the Names and Residence of the Heads of Families and Householders, in Said City, on the First of July 1832. To Which Is Added a Sketch of the History of the Village, from 1801 to 1832. Buffalo, NY: L. P. Crary, 1832.

Constantine Republican. Constantine, MI. 1836–1838.

Twelve days later the firm of
Rigdon, Smith & Cowdery

A mercantile partnership composed of Sidney Rigdon, JS, and Oliver Cowdery, likely formed in June 1836. The partnership purchased wholesale goods on credit, using promissory notes, from merchants in Buffalo, New York, in June 1836. In September 1836, the ...

View Glossary
, another mercantile firm in the Kirtland area, purchased $280.94 worth of merchandise from Gardner & Patterson.
2

Invoice and Letter, Gardner & Patterson to Rigdon, Smith & Cowdery, 27 June 1836.


In December 1836, individuals representing the two Latter-day Saint businesses gave Gardner & Patterson a promissory note—cosigned by JS—for $596.46, payable at the Bank of Geauga in January 1837.
3

Receipt, Gardner & Patterson to Cahoon, Carter & Co. and Rigdon, Smith & Cowdery, 14 Dec. 1836. The two debts add up to $570.90. Interest charges of $25.56 would account for the difference between the amount of debt and the joint promissory note. The close relationship between the two firms is also demonstrated by their joint debt to the New York mercantile firm of Mead, Stafford & Co. of over $4,000. They renegotiated their obligations using the Kirtland temple as security. (See Historical Introduction to Mortgage to Mead, Stafford & Co., 11 July 1837.)


JS and the other cosigners of the note failed to make the required payment,
4

In April 1837, Sidney Rigdon identified three primary debts of the church. One of these was a debt of some $13,000 related to construction of the temple. Goods had been purchased for the workmen and sold to them; materials were purchased to build the temple. These debts remained unpaid. (“Anniversary of the Church of Latter Day Saints,” Messenger and Advocate, Apr. 1837, 3:488.)


Comprehensive Works Cited

Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.

and at some point, Gardner & Patterson endorsed the unpaid note to
George

ca. 1810–23 Sept. 1843. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Lived in Hudson, Columbia Co., New York. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning...

View Full Bio
and
John Patterson

ca. 1812–1 Jan. 1852. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning 1832, in Buffalo. Involved in case of G...

View Full Bio
.
5

In 1841, George Patterson was living at Washington and North Mohawk streets in Buffalo, New York, with John Patterson and Robert Patterson. John and Robert operated a hardware and cutlery business at 170 Main Street in Buffalo. (Graham, Crary’s Directory for the City of Buffalo [1841], 36, 150, 151.)


Comprehensive Works Cited

Graham, C. W., comp. Crary’s Directory for the City of Buffalo . . . Containing a List of Banks, Insurance Offices, Associations, Societies, &c. &c. with the Names, Residence and Occupation of the Heads of Families, Householders, &c. on the First of June, 1841. Buffalo, NY: Faxon & Read, 1841.

The Pattersons then decided to sue to obtain payment; their attorneys,
Henry Payne

30 Nov. 1810–9 Sept. 1896. Attorney, railroad executive, politician. Born in Hamilton, Madison Co., New York. Son of Elisha Payne. Graduated from Hamilton College, 1832, in Clinton, Oneida Co., New York. Studied law under John C. Spencer, in Canandaigua, ...

View Full Bio
and
Hiram Willson

Apr. 1808–11 Nov. 1866. Teacher, lawyer, judge. Born in Madison Co., New York. Graduated from Hamilton College, 1832, in Clinton, Oneida Co., New York. Studied law, ca. 1832, in Canadaigua, Ontario Co., New York. Moved to Painesville, Geauga Co., Ohio, 1833...

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, initiated an action in
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money. Assumpsit was a form of trespass on the case. In Ohio law, it was “the usual remedy upon promissory notes.”

View Glossary
against JS and his cosigners.
6

Transcript of Proceedings, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery].


On 29 March 1837,
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
deputy sheriff
Eber Benjamin

View Full Bio

left copies of the court summons with the defendants, except
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...

View Full Bio
, who could not be found.
7

Transcript of Proceedings, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]. In February 1837, Cowdery “moved to Michigan to serve on the board of directors for the Bank of Monroe.” He returned to Kirtland in April 1837, as he was elected as a justice of the peace for the city. (See Historical Introduction to Indenture from Warren A. Cowdery, 23 November 1836; Kirtland Township Trustees’ Minutes and Poll Book, 29 Apr. and 6 June 1837, pp. 153–154.)


Comprehensive Works Cited

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

The plaintiffs then filed their declaration, or complaint, with the court for $800 damages.
8

Transcript of Proceedings, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]. Though the plaintiffs’ declaration appears to ask for multiple damages, each for $800, it was actually a single debt, expressed in different ways. This followed legal procedures of the times. (Swan, Practice in Civil Actions and Proceedings at Law, 1:212–217; for further discussion, see Historical Introduction to Declaration to the Geauga County Court of Common Pleas, 7 May 1838, in JSP, D6:137.)


Comprehensive Works Cited

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.

JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 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.

The court convened on 5 June 1837, but the defendants failed to appear.
9

It is unknown why JS, Rigdon, and the other defendants who had been served failed to appear. This same day they apparently appeared in court for the trial of Hezekiah Kelley against them, which was also for a promissory note. (See Introduction to Kelley v. Rigdon, Smith & Cowdery.)


Judgment was rendered in favor of the plaintiffs for $610.37 plus court costs.
10

Transcript of Proceedings, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery].


On 29 March 1838, Sheriff
Abel Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

View Full Bio
was commanded to execute the judgment against JS and his codefendants. He proceeded to seize two parcels of land in
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...

More Info
belonging to
Rigdon, Smith & Cowdery

A mercantile partnership composed of Sidney Rigdon, JS, and Oliver Cowdery, likely formed in June 1836. The partnership purchased wholesale goods on credit, using promissory notes, from merchants in Buffalo, New York, in June 1836. In September 1836, the ...

View Glossary
.
11

The land had been purchased from Hiram Dayton in 1836. (See Deed from Hiram and Permelia Bundy Dayton, 13 Sep. 1836.)


The Pattersons assigned their judgment to
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

View Full Bio
on the same day.
Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

View Full Bio
received a writ of
venditioni exponas

A writ of execution commanding a sheriff “to sell goods or chattels, and, in some states, lands, which he has taken in execution by virtue of a fieri facias, and which remains unsold.”

View Glossary
—a command to sell the property—on 23 April 1838, and subsequently gave notice of a public auction on 4 June for the properties taken at suit.
12

Notice, 1 May 1838 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery].


Marks purchased the lands at auction and was given title to them.
13

Docket Entry, Costs, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]. The property appraised for $773.70 and sold for $515.80.


Court costs remained unpaid until 1843, when
Grandison Newell

2 May 1785–10 June 1874. Farmer, clockmaker, furniture maker, manufacturer, merchant, banker. Born in Barkhamsted, Litchfield Co., Connecticut. Son of Solomon Newell and Damaris Johnson. Married Betsy Smith, 16 Apr. 1807. Moved to Winsted, Litchfield Co.;...

View Full Bio
, for unknown reasons, paid the costs.
14

Docket Entry, Costs, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]. The firm Cahoon, Carter & Co. was party to or mentioned in several other legal proceedings for debt collection that involved JS: Cahoon, Carter & Co. for the use of JS v. Avery; Cahoon, Carter & Co. for the use of JS v. Draper; and W. W. 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.)


Comprehensive Works Cited

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 (3)

June (2)

15 June 1836

Gardner & Patterson, Invoice, Buffalo, Erie Co., NY, to Cahoon, Carter & Co., Kirtland Township, Geauga Co., OH

  • 15 June 1836; JS Office Papers, CHL; unidentified handwriting.
27 June 1836

Gardner & Patterson, Invoice, Buffalo, Erie Co., NY, to Rigdon, Smith & Cowdery, Kirtland Township, Geauga Co., OH

  • 27 June 1836; JS Office Papers, CHL; handwriting of Charles G. Irish; docket in handwriting of Oliver Cowdery.

December (1)

14 December 1836

William Thomson on behalf of Gardner & Patterson, Receipt, Buffalo, Erie Co. NY, to Cahoon, Carter & Co. and Rigdon, Smith & Cowdery, Kirtland Township, Geauga Co., OH

  • 14 Dec. 1836; JS Office Papers, CHL; handwriting of William Thomson; docket in handwriting of Reynolds Cahoon.
 
Geauga Co., Ohio, Court of Common Pleas

1837 (5)

March (1)

28 March 1837

David D. Aiken, Summons, to Geauga Co. Sheriff, for Reynolds Cahoon and Others, Chardon, Geauga Co., OH

  • 28 Mar. 1837. Not extant.
    1

    This is the original summons that is the basis for the defendants’ copies.


  • 29 Mar. 1837. Not extant.
    2

    Copy of summons given to Reynolds Cahoon.


  • 29 Mar. 1837. Not extant.
    3

    Copy of summons given to Jared Carter.


  • 29 Mar. 1837. Not extant.
    4

    Copy of summons given to Hyrum Smith.


  • 29 Mar. 1837. Not extant.
    5

    Copy of summons given to JS.


  • 29 Mar. 1837. Not extant.
    6

    Copy of summons given to Sidney Rigdon.


  • 29 Mar. 1837. Not extant.
    7

    Copy of summons intended for Oliver Cowdery.


  • Ca. 5 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 126, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

April (1)

Ca. 29 April 1837

Payne and Willson on behalf of George Patterson and John Patterson, Declaration, Geauga Co., OH

  • Ca. 29 Apr. 1837. Not extant.
  • Ca. 5 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 126–128, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

June (3)

Ca. 5 June 1837

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

  • Ca. 5 June 1837; Geauga County Court of Common Pleas, Journal, vol. N, p. 190, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
Ca. 5 June 1837

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

  • Ca. 5 June 1837; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 54, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of Charles H. Foot, unidentified scribe, and David D. Aiken with signature of Abel Kimball.
Ca. 5 June 1837

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 5 June 1837; Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 126–128, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.

1838 (4)

March (2)

17 March 1838

Payne and Willson on behalf of George Patterson and John Patterson, Assignment of Judgment, to William Marks, Geauga Co., OH

  • 17 Mar. 1838. Not extant.
  • 29 Mar. 1838; in Docket Entry, Costs, Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 54, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
29 March 1838

Fieri Facias, Chardon, Geauga Co., OH

  • 29 Mar. 1838. Not extant.
    1

    See Docket Entry, Costs, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery].


April (1)

23 April 1838

Venditioni Exponas, Chardon, Geauga Co., OH

  • 23 Apr. 1838. Not extant.
    1

    See Docket Entry, Costs, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery].


May (1)

1 May 1838

Abel Kimball, Notice, Painesville, Geauga Co., OH

  • 1 May 1838; “Sheriff’s Sale,” Painesville (OH) Republican, 3 May 1838, [3].

1841 (2)

May (1)

4 May 1841

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

  • 4 May 1841; Geauga County Court of Common Pleas, Journal, vol. O, p. 254, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting.

June (1)

3 June 1841

Erastus Spencer on behalf of Reynolds Cahoon and Others, Deed for Property in Kirtland Township, Geauga Co., OH, to William Marks

  • 3 June 1841. Not extant.
  • 19 Dec. 1843; Lake County Deed Record C, pp. 192–194, Lake County Courthouse, Painesville, OH; handwriting of Benjamin D. Chesney.
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Related Case Documents
Editorial Title
Introduction to G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery
ID #
14513
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Invoice and Letter, Gardner & Patterson to Cahoon, Carter & Co., 15 June 1836. Charles Gardner came to Buffalo, New York, in 1828. By 1832 he had gone into business with George Patterson. Gardner & Patterson were well-known merchants in Buffalo who imported and sold china, glass, mirrors, and earthenware. By 1836 they had extended their business as far west as Detroit, Michigan. (Smith, History of the City of Buffalo and Erie County, 1:740; Directory for the City of Buffalo [1832], 75, 76, 97; “Patterson, Gardner and Mather,” Constantine [MI] Republican, 21 Dec. 1836, [4].)

      Smith, H. Perry, ed. History of the City of Buffalo and Erie County, with Illustrations and Biographical Sketches of Some of Its Prominent Men and Pioneers. 2 vols. Syracuse, NY: D. Mason, 1884.

      A Directory for the City of Buffalo; Containing the Names and Residence of the Heads of Families and Householders, in Said City, on the First of July 1832. To Which Is Added a Sketch of the History of the Village, from 1801 to 1832. Buffalo, NY: L. P. Crary, 1832.

      Constantine Republican. Constantine, MI. 1836–1838.

    2. [2]

      Invoice and Letter, Gardner & Patterson to Rigdon, Smith & Cowdery, 27 June 1836.

    3. [3]

      Receipt, Gardner & Patterson to Cahoon, Carter & Co. and Rigdon, Smith & Cowdery, 14 Dec. 1836. The two debts add up to $570.90. Interest charges of $25.56 would account for the difference between the amount of debt and the joint promissory note. The close relationship between the two firms is also demonstrated by their joint debt to the New York mercantile firm of Mead, Stafford & Co. of over $4,000. They renegotiated their obligations using the Kirtland temple as security. (See Historical Introduction to Mortgage to Mead, Stafford & Co., 11 July 1837.)

    4. [4]

      In April 1837, Sidney Rigdon identified three primary debts of the church. One of these was a debt of some $13,000 related to construction of the temple. Goods had been purchased for the workmen and sold to them; materials were purchased to build the temple. These debts remained unpaid. (“Anniversary of the Church of Latter Day Saints,” Messenger and Advocate, Apr. 1837, 3:488.)

      Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.

    5. [5]

      In 1841, George Patterson was living at Washington and North Mohawk streets in Buffalo, New York, with John Patterson and Robert Patterson. John and Robert operated a hardware and cutlery business at 170 Main Street in Buffalo. (Graham, Crary’s Directory for the City of Buffalo [1841], 36, 150, 151.)

      Graham, C. W., comp. Crary’s Directory for the City of Buffalo . . . Containing a List of Banks, Insurance Offices, Associations, Societies, &c. &c. with the Names, Residence and Occupation of the Heads of Families, Householders, &c. on the First of June, 1841. Buffalo, NY: Faxon & Read, 1841.

    6. [6]

      Transcript of Proceedings, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery].

    7. [7]

      Transcript of Proceedings, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]. In February 1837, Cowdery “moved to Michigan to serve on the board of directors for the Bank of Monroe.” He returned to Kirtland in April 1837, as he was elected as a justice of the peace for the city. (See Historical Introduction to Indenture from Warren A. Cowdery, 23 November 1836; 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.

    8. [8]

      Transcript of Proceedings, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]. Though the plaintiffs’ declaration appears to ask for multiple damages, each for $800, it was actually a single debt, expressed in different ways. This followed legal procedures of the times. (Swan, Practice in Civil Actions and Proceedings at Law, 1:212–217; for further discussion, see Historical Introduction to Declaration to the Geauga County Court of Common Pleas, 7 May 1838, in JSP, D6:137.)

      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.

      JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 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.

    9. [9]

      It is unknown why JS, Rigdon, and the other defendants who had been served failed to appear. This same day they apparently appeared in court for the trial of Hezekiah Kelley against them, which was also for a promissory note. (See Introduction to Kelley v. Rigdon, Smith & Cowdery.)

    10. [10]

      Transcript of Proceedings, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery].

    11. [11]

      The land had been purchased from Hiram Dayton in 1836. (See Deed from Hiram and Permelia Bundy Dayton, 13 Sep. 1836.)

    12. [12]

      Notice, 1 May 1838 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery].

    13. [13]

      Docket Entry, Costs, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]. The property appraised for $773.70 and sold for $515.80.

    14. [14]

      Docket Entry, Costs, ca. 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]. The firm Cahoon, Carter & Co. was party to or mentioned in several other legal proceedings for debt collection that involved JS: Cahoon, Carter & Co. for the use of JS v. Avery; Cahoon, Carter & Co. for the use of JS v. Draper; and W. W. 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.

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