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Transcript of Proceedings, circa 27 October 1837 [Eaton v. JS and O. Cowdery]
Source Note
Source Note
Historical Introduction
Historical Introduction
of , for that whereas the said defendants on the eleventh day of October A.D. 1836 at to wit at in said made their promissory note in writing and delivered the same to the said and thereby promised to pay the said or order eleven hundred forty three dollars and one cent for value received at the Bank at Ohio six months after date which period has now elapsed and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said according to the tenor and effect thereof: And whereas also the said defendants heretofore to wit, on the first day of May AD 1837 at in said were indebted to the said in the sum of twelve hundred dollars for so much money before that time lent and advanced by the to the defendants at their special instance and request, and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid at aforesaid undertook and then and there promised to pay the the said sum of money in this court mentioned when they the said defendants should be thereunto afterwards requested: Yet the said defendants have disregarded their said promises and have not nor hath either of them paid said sums of money or any part thereof although often requested to do so, to the s damage two thousand dollars, and therefore he brings suit &c.
By Andrews & Foot his Att[orne]ys.”
And now at this term of said court that is to say at the term thereof first aforesaid comes the said by his attorney, and the defendants being three times demanded to come into court and defend this suit comes not but makes default— It is therefore considered by the court that the recover against the defendant Joseph Smith Jr. his damages by the court here assessed to one thousand one hundred eighty five dollars and sixty six cents, and also his costs and charges by him in and about the prosecuting of this suit in that behalf expended taxed at nine dollars and eight cents; And it is ordered by the court that the defendant pay the costs and charges by him made in and about the defending of this suit, taxed at seventy seven cents, and in default thereof, that issue to collect the same.
Prest. [p. 278]
