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

Patterson and 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 , which operated a store in , Ohio, bought $289.96 worth of goods from the mercantile firm of Gardner & Patterson, operated by merchants and . Twelve days later the firm of , another mercantile firm in the Kirtland area, purchased $280.94 worth of merchandise from Gardner & Patterson. 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.
JS and the other cosigners of the note failed to make the required payment, and at some point, Gardner & Patterson endorsed the unpaid note to and . The Pattersons then decided to sue to obtain payment; their attorneys, and , initiated an action in assumpsit against JS and his cosigners. On 29 March 1837, the sheriff left copies of the court summons with the defendants, except , who could not be found. The plaintiffs then filed their declaration, or complaint, with the court for $800 damages. The court convened on 5 June 1837, but the defendants failed to appear. Judgment was rendered in favor of the plaintiffs for $610.37 plus court costs.
On 29 March 1838, Sheriff Abel Kimball was commanded to execute the judgment against JS and his codefendants. He proceeded to seize two parcels of land in belonging to . The Pattersons assigned their judgment to on the same day. Kimball received a writ of venditioni exponas—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. Marks purchased the lands at auction and was given title to them. Court costs remained unpaid until 1843, when , for unknown reasons, paid the 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 a court outside of its original jurisdiction, that version is listed under both courts.
 
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.
 
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.
 
Patterson and Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery, Geauga Co., Ohio, Court of Common Pleas Documents
 
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.
29 Mar. 1837. Not extant.
29 Mar. 1837. Not extant.
29 Mar. 1837. Not extant.
29 Mar. 1837. Not extant.
29 Mar. 1837. Not extant.
29 Mar. 1837. Not extant.
Ca. 5 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas Record, vol. U, p. 126, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
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 Record, vol. U, pp. 126–128, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
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, Case 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 Record, vol. U, pp. 126–128, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; possible signature of Van R. Humphrey.
 
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, Case 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.
 
23 April 1838 Venditioni Exponas, Chardon, Geauga Co., OH
23 Apr. 1838. Not extant.
 
1 May 1838 Abel Kimball, Notice, Painesville, Geauga Co., OH
1 May 1838; “Sheriff’s Sale,” Painesville (OH) Republican, 3 May 1838, [3].
 
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.
 
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.
Patterson and 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 , which operated a store in , Ohio, bought $289.96 worth of goods from the mercantile firm of Gardner & Patterson, operated by merchants and . Twelve days later the firm of , another mercantile firm in the Kirtland area, purchased $280.94 worth of merchandise from Gardner & Patterson. 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.
JS and the other cosigners of the note failed to make the required payment, and at some point, Gardner & Patterson endorsed the unpaid note to and . The Pattersons then decided to sue to obtain payment; their attorneys, and , initiated an action in assumpsit against JS and his cosigners. On 29 March 1837, the sheriff left copies of the court summons with the defendants, except , who could not be found. The plaintiffs then filed their declaration, or complaint, with the court for $800 damages. The court convened on 5 June 1837, but the defendants failed to appear. Judgment was rendered in favor of the plaintiffs for $610.37 plus court costs.
On 29 March 1838, Sheriff Abel Kimball was commanded to execute the judgment against JS and his codefendants. He proceeded to seize two parcels of land in belonging to . The Pattersons assigned their judgment to on the same day. Kimball received a writ of venditioni exponas—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. Marks purchased the lands at auction and was given title to them. Court costs remained unpaid until 1843, when , for unknown reasons, paid the 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 a court outside of its original jurisdiction, that version is listed under both courts.
 
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.
 
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.
 
Patterson and Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery, Geauga Co., Ohio, Court of Common Pleas Documents
 
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.
29 Mar. 1837. Not extant.
29 Mar. 1837. Not extant.
29 Mar. 1837. Not extant.
29 Mar. 1837. Not extant.
29 Mar. 1837. Not extant.
29 Mar. 1837. Not extant.
Ca. 5 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas Record, vol. U, p. 126, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
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 Record, vol. U, pp. 126–128, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
 
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, Case 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 Record, vol. U, pp. 126–128, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; possible signature of Van R. Humphrey.
 
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, Case 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.
 
23 April 1838 Venditioni Exponas, Chardon, Geauga Co., OH
23 Apr. 1838. Not extant.
 
1 May 1838 Abel Kimball, Notice, Painesville, Geauga Co., OH
1 May 1838; “Sheriff’s Sale,” Painesville (OH) Republican, 3 May 1838, [3].
 
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.
 
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.