Statement of Issues, circa 26 June 1819 [Joseph Smith Sr. v. J. Hurlbut]
Frederick Smith on behalf of , Statement of Issues, [, NY], ca. 26 June 1819, Hurlbut v. Joseph Smith Sr. (Ontario Co., NY, Court of Common Pleas 1819); printed form with manuscript additions in handwriting of Frederick Smith; docket by Frederick Smith, [, NY], [ca. 26 June 1819]; notations by Hugh McNair, ca. 26 June 1819; two pages; Ontario County Records and Archives Center, Canandaigua, NY. Transcription from a digital color image made of the original in 2011.
Of the term of May— in the year of our Lord one thousand eight hundred and nineteen
—County, ss. [scilicet] Plaintiff in this suit, complains of & , the said returned by the of the said county not found Defendants in this suit, the said — being in custody, &c.
FOR, THAT WHEREAS on the twenty seventh— day of March— in the year of our Lord one thousand eight hundred and eighteen— at ———— in the county of ontario the said Defendants for a good and valuable consideration to them at their special instance and request, then and there paid by the said by a certain note or memorandum in writing, by them the said Defendants made and subscribed, bearing date the same day and year aforesaid, undertook and faithfully promised the said Plaintiff that they the said Defendants would pay to the said or bearer the sum of Sixty five Dollars to be paid in good merchantable grain in one year from the date thereof with use for value received—
BY means of which said promise and undertaking, the said Defendants became liable to pay and deliver, and ought to have paid and delivered to the said on the day last aforesaid, the said sum of money in said note mentioned according to the tenor and effect of the said note——
Yet the said Defendants although requested by the said on the day last aforesaid, and often since that day, to wit, at aforesaid—— have not paid said note or any part thereof— to the said ——
nor have otherwise paid and satisfied to the said the said sum of money—— or any part thereof, but they to do the same have hitherto wholly refused, and still do refuse, to the damage of the of one hundred and Forty Dollars and therefore he brings his suit &c
F[rederick] Smith Atty
Pledges to prosecute John Doe and Richard Roe
Ss. puts in his place Frederick Smith his attorney against & in a plea of — [p. ]