Introduction to Spencer v. Cahoon et al.

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Introduction to Spencer v. Cahoon et al. Receipt, 9 November 1835 [Spencer v. Cahoon et al.] Docket Entry, circa 25 January 1838 [Spencer v. Cahoon et al.]
Introduction to Spencer v. Cahoon et al.
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Spencer v. Cahoon, Carter, H. Smith, JS, Rigdon, and W. Smith

Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, circa 25 January 1838

Historical Introduction

On 6 June 1833, at a conference of high priests, JS appointed
Reynolds Cahoon
30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...
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,
Jared Carter
14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...
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, and
Hyrum Smith
9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...
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as a committee “to take the oversight of the building of the
House of the Lord
JS revelation, dated Jan. 1831, directed Latter-day Saints to migrate to Ohio, where they would “be endowed with power from on high.” In Dec. 1832, JS revelation directed Saints to “establish . . . an house of God.” JS revelation, dated 1 June 1833, chastened...
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” 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...
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, Ohio.
1
Minutes, 6 June 1833.
To fulfill their responsibilities, the three formed a mercantile firm under the name Cahoon, Carter & Co. sometime before October 1835.
2
On 7 October 1835, JS’s journal noted that he went to Buffalo “to replenish the Committee store,” suggesting the firm had operated the store for some time prior to October. (JS, Journal, 7 Oct. 1835; see also Advertisement, Northern Times, 9 Oct. 1835, [4].)
Comprehensive Works Cited
Northern Times. Kirtland, OH. 1835–[1836?].
The firm supported the construction of the
House of the Lord
JS revelation, dated Jan. 1831, directed Latter-day Saints to migrate to Ohio, where they would “be endowed with power from on high.” In Dec. 1832, JS revelation directed Saints to “establish . . . an house of God.” JS revelation, dated 1 June 1833, chastened...
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by purchasing goods, either on credit or from donated funds obtained by the Quorum of the Twelve and others, and then making those goods available in exchange for labor or payment.
3
JSP, D5:105n26.
JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 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.
On 9 November 1835, the firm borrowed fifty dollars from
William W. Spencer
29 Mar. 1808–11 Oct. 1892. Farmer. Born in New York. Son of Isaac Spencer and Anna. Moved to Tompkins, Delaware Co., New York, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints and served mission in eastern U.S., by 1835. Moved to Kirtland...
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, payable when called for. Spencer sued for payment on 25 January 1838. In addition to Cahoon, Carter, and Hyrum Smith, Spencer included JS,
Sidney Rigdon
19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...
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, and
William Smith
13 Mar. 1811–13 Nov. 1893. Farmer, newspaper editor. Born at Royalton, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Lebanon, Grafton Co., New Hampshire, 1811; to Norwich, Windsor Co., 1813; and to Palmyra, Ontario Co., New York, 1816...
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in the lawsuit, probably because he assumed JS and Sidney Rigdon were connected to the firm. After hearing testimony, Justice of the Peace
Warren A. Cowdery
17 Oct. 1788–23 Feb. 1851. Physician, druggist, farmer, editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Married Patience Simonds, 22 Sept. 1814, in Pawlet, Rutland Co. Moved to Freedom, Cattaraugus Co., New York, 1816...
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determined that JS, Rigdon, and William Smith were not partners of the firm Cahoon, Carter, & Co. and discharged them from liability in the suit. He then rendered judgment against the firm for $56.41, along with $2.76 in court costs.
4
The firm Cahoon, Carter & Co. was party to or mentioned in several other legal proceedings for debt collection that involved JS: Patterson and Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Co.; Cahoon, Carter & Co. for the use of JS v. Avery; and Cahoon, Carter & Co. for the use of JS v. Draper. 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.

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.

1835 (1)
November (1)
9 November 1835
William W. Spencer by Cyrus Smalling, Receipt, Kirtland Township, Geauga Co., OH, to Cahoon, Carter, & Co.
9 Nov. 1835. Not extant.
Ca. 25 Jan. 1838; in Docket Entry, Cowdery, Docket Book, 349; handwriting of Warren A. Cowdery.

Spencer v. Cahoon et al., Justice of the Peace Court
1838 (4)
January (4)
On or before 25 January 1838
Attorney for William W. Spencer, Oath, Kirtland Township, Geauga Co., OH
On or before 25 Jan. 1838. Not extant.
1
See Docket Entry, ca. 25 Jan. 1838 [Spencer v. Cahoon et al.].

25 January 1838
Capias ad Respondendum, to Luke Johnson, Kirtland Township, Geauga Co., OH
25 Jan. 1838. Not extant.
1

25 January 1838
Subpoena, for Harpin Riggs, Kirtland Township, Geauga Co., OH
25 Jan. 1838. Not extant.
1

Ca. 25 January 1838
Docket Entry, Kirtland Township, Geauga Co., OH [Spencer v. Cahoon et al.]
Ca. 25 Jan. 1838; Cowdery, Docket Book, 349; handwriting of Warren A. Cowdery.

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Footnotes
[1]
Minutes, 6 June 1833.
[2]
On 7 October 1835, JS’s journal noted that he went to Buffalo “to replenish the Committee store,” suggesting the firm had operated the store for some time prior to October. (JS, Journal, 7 Oct. 1835; see also Advertisement, Northern Times, 9 Oct. 1835, [4].)
Northern Times. Kirtland, OH. 1835–[1836?].
[3]
JSP, D5:105n26.
JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 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.
[4]
The firm Cahoon, Carter & Co. was party to or mentioned in several other legal proceedings for debt collection that involved JS: Patterson and Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Co.; Cahoon, Carter & Co. for the use of JS v. Avery; and Cahoon, Carter & Co. for the use of JS v. Draper. 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.