Introduction to Underwood, Bald, Spencer & Hufty v. Rigdon et al.

Home >
The Papers >

Introduction to Underwood, Bald, Spencer & Hufty v. Rigdon et al. Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Declaration, circa 7 July 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Plea, circa 28 October 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Transcript of Proceedings, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Costs, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Notice, 12 August 1840 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Sheriff’s Sale, 21 October 1840 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Deed, 30 April 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Assignment of Judgment, 30 April 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Deed, 23 November 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]
Introduction to Underwood, Bald, Spencer & Hufty v. Rigdon et al.
Page
Hide editing marks

Underwood, Bald, Spencer & Hufty v. Rigdon, JS, E. Boynton, S. Foster, McWithey, Joseph Smith Sr., Bosley, Parker, Holmes, W. Smith, J. Butterfield, Packard, Clark, Webb, Carrico, and A. Allen

Geauga Co., Ohio, Court of Common Pleas, 16 April 1839

Historical Introduction

In June 1837, attorneys for the engraving firm Underwood, Bald, Spencer & Hufty brought a lawsuit against 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...
View Full Bio
, and several other men who owed a debt to the firm for the engraving and printing of
Kirtland Safety Society
A financial institution formed to raise money and provide credit in Kirtland, Ohio. On 2 November 1836, JS, Sidney Rigdon, and others officially organized the Kirtland Safety Society as a community bank by ratifying its constitution. Sidney Rigdon served ...
View Glossary
banknotes. In October 1836, JS,
Rigdon
View Full Bio
, and other church leaders began organizing a bank 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, which they named the
Kirtland Safety Society Bank
A financial institution formed to raise money and provide credit in Kirtland, Ohio. On 2 November 1836, JS, Sidney Rigdon, and others officially organized the Kirtland Safety Society as a community bank by ratifying its constitution. Sidney Rigdon served ...
View Glossary
.
1
For more on the Kirtland Safety Society Bank, see Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837.
That same month, an agent acting on behalf of the bank—likely
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
—commissioned Underwood, Bald, Spencer & Hufty to engrave and print a series of banknotes. Cowdery brought the finished printing plates and printed banknotes back to Kirtland Township by the end of December 1836.
2
Historical Introduction to Kirtland Safety Society Notes, 4 Jan.–9 Mar. 1837; see also Introduction to Eaton v. JS and O. Cowdery ; and Invoice, Winthrop Eaton to Smith & Cowdery, 11 October 1836.
There is no extant record for the initial payment, though it was probably a promissory note given to the firm by Cowdery. The debt appears to have been renegotiated when JS and fifteen other Kirtland residents signed a new promissory note for $1,450.
3
Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et. al.]. The only way for Underwood, Bald, Spencer & Hufty to have a promissory note with the signatures of JS, Rigdon, and several other Latter-day Saints was if the original debt was renegotiated in Kirtland because Cowdery had paid the original debt in 1836 on his own without a large company of Saints with him to sign the note. However, it is unclear when this renegotiation took place. The declaration made by the plaintiffs’ attorneys suggests that it occurred on 1 June 1837. (Declaration, ca. 7 July 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. For more on JS’s debt renegotiations in 1837, see Historical Introduction to Power of Attorney to Oliver Granger, 27 Sept. 1837; Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837; and Historical Introduction to Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.)

The legal firm Andrews & Foot, representing the engravers, began 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
in the
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
Court of Common Pleas against JS and his fellow signers on 9 June 1837. Either the
sheriff
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
or his
deputy
14 Oct. 1813–31 Oct. 1882. Farmer, sheriff. Born in Wilmington, Windham Co., Vermont. Son of Silas Axtell and Deborah Perry. Moved to Chautauque Co., New York, ca. 1826. Moved to Perry, Geauga Co., Ohio, ca. 1831. Served as deputy sheriff, 1838, in Geauga...
View Full Bio
left copies of the writ of summons with all but four of the sixteen defendants.
4
Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. It is unclear from the return notation whether the summons was served by Sheriff Abel Kimball or Deputy Sheriff Abner P. Axtell. The sheriff or deputy could not find Samuel Parker, William Smith, Hiram Clark, or Andrew Allen to serve their summons.
A month later, Andrews & Foot filed a declaration with the court claiming $2,000 in damages.
5
Declaration, ca. 7 July 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et. al.]. The renegotiated promissory note signed by JS and others amounted to $1,450. The $2,000 in damages may have included interest or additional expenses incurred in collecting the note. Additionally, when seeking damages, attorneys often requested more than the defaulted debt. (Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
The defendants, represented by Perkins & Osborn, filed a plea in the October 1837 term of court for the Geauga County Court of Common Pleas. The matter remained unresolved until 16 April 1839, when the court rendered a judgment requiring JS and his fellow signers to pay $1,641.63 as well as the costs for the case.
6
Plea, ca. 28 Oct. 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]; Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. Although in October 1837 the defendants requested a jury trial, at the April 1839 term of court the attorneys for both sides agreed to submit the case to the decision of the court. The transcript of proceedings indicates that the defendants intended to appeal the decision to the Ohio Supreme Court, but they apparently never did, possibly because they were no longer living in Ohio by that time.
In order to satisfy the judgment, the sheriff seized land in May or June 1839 and attempted to sell it at public auction, but he was unable to find a buyer.
7
Docket Entry, Costs, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].
Attempts to sell the seized property continued until October 1840, when a portion of the land was sold for $201 to
Gilbert Granger
14 Oct. 1814–25 Aug. 1850. Born in Phelps, Ontario Co., New York. Son of Oliver Granger and Lydia Dibble. Moved to Kirtland, Geauga Co., Ohio, 1833. Married first Alice Marble, 20 June 1838, in Cuyahoga Co., Ohio. Married second Susan Bristol Williams, 24...
View Full Bio
.
8
Docket Entry, Costs, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]; Deed, 23 Nov. 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. Granger sold the land to Daniel Carter, who petitioned the court for a deed in September 1841. Carter was given a deed of conveyance on 23 November 1841.
The remainder was sold in April 1841 to Latter-day Saint
Almon Babbitt
Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....
View Full Bio
, through his agent
Lyman Cowdery
12 Mar. 1802–22 Apr. 1881. Lawyer, probate judge. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Older brother of Oliver Cowdery. Married Eliza Alexander, 20 Apr. 1825. Served as probate judge in Ontario Co., NY, mid-1830s...
View Full Bio
.
9
Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].
Babbitt may have been acting as an agent for JS and the church. In 1841, Babbitt paid Thomas Underwood and his partners in order to acquire the judgment they held against JS,
Rigdon
View Full Bio
, and the other signers.
10
Assignment of Judgment, 30 Apr. 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].
By 1848 the case costs had been paid and the judgment was satisfied.
11

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.

1837 (3)
June (1)
9 June 1837
David D. Aiken, Summons, to Geauga Co. Sheriff, for Sidney Rigdon and Others, Chardon, Geauga Co., OH
9 June 1837. Not extant.
Ca. 9 June 1837. Not extant.
1
A copy of the summons was left with Sidney Rigdon. The names of both Sheriff Abel Kimball and Deputy Sheriff Abner P. Axtell were included in the return notation, making it unclear which official served the summons on the defendants. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
2
A copy of the summons was left with JS. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
3
A copy of the summons was left with Eliphalet Boynton. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
4
A copy of the summons was left with Solon Foster. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
5
A copy of the summons was left with Joel McWithey. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
6
A copy of the summons was left with Joseph Smith Sr. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
7
A copy of the summons was left with Edmund Bosley. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
8
A copy of the summons was left with Jonathan Holmes. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
9
A copy of the summons was left with Josiah Butterfield. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
10
A copy of the summons was left with Noah Packard. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
11
A copy of the summons was left with Chauncey Webb. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
12
A copy of the summons was left with Thomas Carrico Jr. (Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
Ca. 16 Apr. 1839; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. X, p. 34, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

July (1)
Ca. 7 July 1837
Andrews & Foot on behalf of Thomas Underwood and Others, Declaration, Geauga Co., OH
Ca. 7 July 1837. Not extant.

October (1)
Ca. 28 October 1837
Perkins & Osborn on behalf of Sidney Rigdon and Others, Plea, Geauga Co., OH
Ca. 28 Oct. 1837. Not extant.

1839 (4)
April (3)
Ca. 16 April 1839
Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 16 Apr. 1839; Geauga County Court of Common Pleas, Common Pleas Record, vol. X, pp. 34–36, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; signature presumably of Van R. Humphrey.

Ca. 16 April 1839
Docket Entry, Costs, Chardon, Geauga Co., OH
Ca. 16 Apr. 1839; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 676, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of David D. Aiken; notations in handwriting of Charles H. Foot; notation in unidentified handwriting; notation in handwriting of Lyman Cowdery; notation in handwriting of David D. Aiken with signature of Abel Kimball; notation in handwriting of Lorenzo J. Rider.

29 April 1839
Fieri Facias, Chardon, Geauga Co., OH
29 Apr. 1839. Not extant.
1
See Docket Entry, Costs, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].

July (1)
31 July 1839
Venditioni Exponas, Chardon, Geauga Co., OH
31 July 1839. Not extant.
1

1840 (7)
February (1)
29 February 1840
Alias Venditioni Exponas, Chardon, Geauga Co., OH
29 Feb. 1840. Not extant.
1

May (1)
4 May 1840
Pluries Venditioni Exponas, Chardon, Geauga Co., OH
4 May 1840. Not extant.
1

July (2)
5 July 1840
1
See Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. While the deed references a venditioni exponas dated 5 July 1840, it is unclear if this is another writ or if the deed contained a scribal error and was referring to the pluries venditioni exponas dated 25 July 1840, which is included in the case costs. (Docket Entry, Costs, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)

25 July 1840
1

August (1)
12 August 1840
Abel Kimball, Notice, Geauga Co., OH
12 Aug. 1840; “Sheriff’s Sale,” Painesville (OH) Telegraph, 13 Aug. 1840, [3].
1
The notice was published in five consecutive issues of the Painesville Telegraph from 13 August to 10 September 1840.

October (1)
21 October 1840
Docket Entry, Sheriff’s Sale, Chardon, Geauga Co., OH
21 Oct. 1840; Geauga County Court of Common Pleas, Journal, vol. O, p. 202, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

November (1)
Between 5 July and ca. November 1840
Appraisal, Geauga Co., OH
Between 5 July and ca. Nov. 1840. Not extant.
1
See Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].

1841 (9)
March (3)
1 March 1841
Alias Venditioni Exponas, Chardon, Geauga Co., OH
1 Mar. 1841. Not extant.
1

Ca. 6 March 1841
Nathaniel Milliken and Others, Appraisal, Geauga Co., OH
Ca. 6 Mar. 1841. Not extant.
1
See Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].

Ca. 6 March 1841
Notice, Geauga Co., OH
Ca. 6 Mar. 1841. Not extant.
1
See Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. The deed mentions that the notice was printed in the Painesville Republican. Although a few repositories have copies of the Painesville Republican, the 1841 issues are not part of these collections and the original notice has not been located.

April (3)
30 April 1841
Docket Entry, Deed, Chardon, Geauga Co., OH
30 Apr. 1841; Geauga County Court of Common Pleas, Journal, vol. O, p. 238, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

30 April 1841
Andrews, Foot & Hoyt and Lyman Cowdery on behalf of Thomas Underwood and Others, Assignment of Judgment, to Almon Babbitt, Chardon, Geauga Co., OH
30 Apr. 1841; in Docket Entry, Costs, Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 676, Geauga County Archives and Records Center, Chardon, OH; handwriting of Lyman Cowdery.

Ca. 30 April 1841
Almon Babbitt, Receipt, Geauga Co., OH, to Geauga Co. Sheriff
Ca. 30 Apr. 1841. Not extant.
1

June (1)
3 June 1841
Erastus Spencer on behalf of Sidney Rigdon and Others, Deed for Property in Kirtland Township, Geauga Co., OH, to Almon Babbitt
3 June 1841. Not extant.
28 Sept. 1841; Lake County Deed Record, vol. A, pp. 513–515, Land Registry Records, 1840–1842, CHL; handwriting of H. F. Shepard.

September (1)
Ca. September 1841
Gilbert Granger, Assignment, to Daniel Carter, Geauga Co., OH
Ca. September 1841. Not extant.
1
See Deed, 23 Nov. 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].

November (1)
23 November 1841
Erastus Spencer on behalf of Sidney Rigdon and Others, Deed for Property in Kirtland Township, Geauga Co., OH, to Daniel Carter
23 Nov. 1841; JS Collection, CHL; handwriting of Alfred Phelps; signatures of Erastus Spencer and Alfred Phelps; probable signature of Edwin F. Phelps; docket in handwriting of Alfred Phelps; notation in handwriting of Daniel Kerr; notation in handwriting of H. F. Shepard.
16 March 1842; Lake County Deed Record, vol. B, pp. 100–102, Land Registry Records, 1840–1842, CHL; handwriting of H. F. Shepard.

1848 (1)
March (1)
2 March 1848
Satisfaction of Judgment, Chardon, Geauga Co., OH
2 March 1848. Not extant.
1
See Deed, 23 Nov. 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].

View entire transcript
|
Cite this page
Source Note
Document Transcript
Page
Document Information
Footnotes
[1]
For more on the Kirtland Safety Society Bank, see Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837.
[2]
Historical Introduction to Kirtland Safety Society Notes, 4 Jan.–9 Mar. 1837; see also Introduction to Eaton v. JS and O. Cowdery ; and Invoice, Winthrop Eaton to Smith & Cowdery, 11 October 1836.
[3]
Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et. al.]. The only way for Underwood, Bald, Spencer & Hufty to have a promissory note with the signatures of JS, Rigdon, and several other Latter-day Saints was if the original debt was renegotiated in Kirtland because Cowdery had paid the original debt in 1836 on his own without a large company of Saints with him to sign the note. However, it is unclear when this renegotiation took place. The declaration made by the plaintiffs’ attorneys suggests that it occurred on 1 June 1837. (Declaration, ca. 7 July 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. For more on JS’s debt renegotiations in 1837, see Historical Introduction to Power of Attorney to Oliver Granger, 27 Sept. 1837; Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837; and Historical Introduction to Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.)
[4]
Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. It is unclear from the return notation whether the summons was served by Sheriff Abel Kimball or Deputy Sheriff Abner P. Axtell. The sheriff or deputy could not find Samuel Parker, William Smith, Hiram Clark, or Andrew Allen to serve their summons.
[5]
Declaration, ca. 7 July 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et. al.]. The renegotiated promissory note signed by JS and others amounted to $1,450. The $2,000 in damages may have included interest or additional expenses incurred in collecting the note. Additionally, when seeking damages, attorneys often requested more than the defaulted debt. (Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
[6]
Plea, ca. 28 Oct. 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]; Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. Although in October 1837 the defendants requested a jury trial, at the April 1839 term of court the attorneys for both sides agreed to submit the case to the decision of the court. The transcript of proceedings indicates that the defendants intended to appeal the decision to the Ohio Supreme Court, but they apparently never did, possibly because they were no longer living in Ohio by that time.
[7]
[8]
Docket Entry, Costs, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]; Deed, 23 Nov. 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. Granger sold the land to Daniel Carter, who petitioned the court for a deed in September 1841. Carter was given a deed of conveyance on 23 November 1841.
[9]
Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].
[10]
Assignment of Judgment, 30 Apr. 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].
[11]