Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. H. Smith]

  • Source Note
  • Historical Introduction
Page 493
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to answer unto Ray Boynton and Harry Hyde in a plea of assumpsit to their damage twelve hundred dollars as is said. Herein fail not but of this writ and your service make due return. Witness Clerk of said Court at this 26th day of October A.D. 1837.
C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsement to wit:—
“Suit brot on a joint and several note of hand dated April 13. 1837 given by , Joseph Smith Jr. , and to or order for $825. payable at the Commercial Bank of Lake Erie at with interest five months from date and by the said endorsed to the said s: Also for goods sold and delivered, money lent and advanced &c. Amt. appearing due $851.73 damages $1200. Oct. 24. 1837.”
The foregoing writ was forthwith returned into Court by the of our said endorsed as follows to wit:
“The State of Ohio, ss.— I have executed the command of this writ by leaving a true and attested copy of the same at the residence of the within named with a member of his family he being absent. October 28. 1837 Dep. Shff.”
And thereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit, on the thirtieth day of November in the year last aforesaid, the plaintiffs by their said Attorney filin the s office aforesaid their declaration in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
Ray Boynton &)
Harry Hyde) Action)
vs) Assumpsit)
)
Court of Common Pleas, vacation after October Term, A.D. 1837. The said Ray Boynton & Harry Hyde plaintiffs in this suit by George W. Lynde their Attorney complain of defendant in this suit in Court of a plea of assumpsit, For that whereas heretofore the said and , Joseph Smith Junior, & on the thirteenth day of April A.D. 1837 at in said County of and aforesaid made their certain promissory note in writing and delivered the same to our and thereby the said and , Joseph Smith Junior and promised to pay the said in the following manner, Five months after date we or either of us promise to pay or order eight hundred and twenty five dollars at the Commercial Bank of Lake Erie at with interest value received (meaning for value received) which period has now elapsed and the said then and there endorsed the said note and delivered the same to the said plaintiffs whereof the said then and there had notice and then and there in consideration of the premises promised to pay the amount of the said note and the interest on the same to the said plaintiffs according to the tenor and effect thereof— Yet the said (although often requested so to do) has not paid the said sum of money to the said plaintiffs, neither have the said , Joseph Smith Junior, and , nor any or either of them, paid the said sum of money mentioned mentioned in said note or any part thereof to the said plaintiffs, But the said and the said , Joseph Smith Jnr. and have hitherto wholly neglected and refused so to do; And also for that whereas the said heretofore to wit, on the first day of September AD 1837 at in said County of and State of was indebted to said plaintiffs in the sum of twelve hundred dollars for the work, labour, care, diligence and attention of them the said plaintiffs by them the said plaintiffs before that time done performed and bestowed in and about the business of said and for the said and at his special instance and request; And also in the further sum of twelve hundred dollars for divers goods wares and merchandize and other personal property before then by said plaintiffs sold and delivered to said and at the like special instance and request of said ; And also in the further sum of twelve hundred dollars for so much money before then by said plaintiffs lent and advanced to and paid laid out and expended for said and at his like special instance and request; And also in the further sum of twelve hundred dollars for other monies before them by said had and received to and for the use of said plaintiffs: and being so indebted he said in consideration thereof afterwards to wit, on the same day and year last aforesaid, at aforesaid undertook and then and there faithfully promised the said plaintiffs to pay them [p. 493]
to answer unto Ray Boynton and Harry Hyde in a plea of assumpsit to their damage twelve hundred dollars as is said. Herein fail not but of this writ and your service make due return. Witness Clerk of said Court at this 26th day of October A.D. 1837.
Charles H. Foot Dep. Clerk.”
Upon which writ was the following endorsement to wit:—
“Suit brot on a joint and several note of hand dated April 13. 1837 given by , Joseph Smith Jr. , and to or order for $825. payable at the Commercial Bank of Lake Erie at with interest five months from date and by the said endorsed to the said s: Also for goods sold and delivered, money lent and advanced &c. Amt. appearing due $851.73 damages $1200. Oct. 24. 1837.”
The foregoing writ was forthwith returned into Court by the of our said endorsed as follows to wit:
“The State of Ohio, ss.— I have executed the command of this writ by leaving a true and attested copy of the same at the residence of the within named with a member of his family he being absent. October 28. 1837 Dep. Shff.”
And thereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit, on the thirtieth day of November in the year last aforesaid, the plaintiffs by their said Attorney filin the s office aforesaid their declaration in the words and figures following to wit:—
“The State of Ohio)
ss. scilicet)
Ray Boynton &)
Harry Hyde) Action)
vs) Assumpsit)
)
Court of Common Pleas, vacation after October Term, A.D. 1837. The said Ray Boynton & Harry Hyde plaintiffs in this suit by George W. Lynde their Attorney complain of defendant in this suit in Court of a plea of assumpsit, For that whereas heretofore the said and , Joseph Smith Junior, & on the thirteenth day of April A.D. 1837 at in said County of and aforesaid made their certain promissory note in writing and delivered the same to our and thereby the said and , Joseph Smith Junior and promised to pay the said in the following manner, Five months after date we or either of us promise to pay or order eight hundred and twenty five dollars at the Commercial Bank of Lake Erie at with interest value received (meaning for value received) which period has now elapsed and the said then and there endorsed the said note and delivered the same to the said plaintiffs whereof the said then and there had notice and then and there in consideration of the premises promised to pay the amount of the said note and the interest on the same to the said plaintiffs according to the tenor and effect thereof— Yet the said (although often requested so to do) has not paid the said sum of money to the said plaintiffs, neither have the said , Joseph Smith Junior, and , nor any or either of them, paid the said sum of money mentioned mentioned in said note or any part thereof to the said plaintiffs, But the said and the said , Joseph Smith Jnr. and have hitherto wholly neglected and refused so to do; And also for that whereas the said heretofore to wit, on the first day of September AD 1837 at in said County of and State of was indebted to said plaintiffs in the sum of twelve hundred dollars for the work, labour, care, diligence and attention of them the said plaintiffs by them the said plaintiffs before that time done performed and bestowed in and about the business of said and for the said and at his special instance and request; And also in the further sum of twelve hundred dollars for divers goods wares and merchandize and other personal property before then by said plaintiffs sold and delivered to said and at the like special instance and request of said ; And also in the further sum of twelve hundred dollars for so much money before then by said plaintiffs lent and advanced to and paid laid out and expended for said and at his like special instance and request; And also in the further sum of twelve hundred dollars for other monies before them by said had and received to and for the use of said plaintiffs: and being so indebted he said in consideration thereof afterwards to wit, on the same day and year last aforesaid, at aforesaid undertook and then and there faithfully promised the said plaintiffs to pay them [p. 493]
Page 493