Transcript of Proceedings, circa 6 June 1837 [Bank of Geauga v. JS et al.]

  • Source Note
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March in the year of our Lord one thousand eight hundred and thirty seven, and of the County of personally appeared before me clerk of the court of common pleas, for said county of and severally acknowledged themselves to owe unto The President Directors & Company of the the sum of eight thousand dollars each, to be levied upon their <​several​> goods and chattels, lands, tenements and real estates, upon condition that if the defendants, Joseph Smith Jr. & shall be condemned in this action, at the suit of The President, Directors & Company of the the plaintiffs, they shall pay the costs and condemnation of the court, or be rendered or render themselves into the custody of the sheriff of said for the same; or in case of failure that the said and will pay the costs and condemnation for them— Taken and acknowledged the day and year above written, before me, in open court.
Clk.”
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 twenty fourth day of April in the year aforesaid, the by Perkins & Osborn their attorneys, filed with the aforesaid, their declaration in the words and figures following, to wit:—
“The State of Ohio)
ss. [scilicet])
In the Court of Common Pleas, Vacation after March Term 1837—
The President Directors & Company of the complain of Joseph Smith Junior, & , in a plea of the case, for that whereas the said defendants, by the name and description of Joseph Smith Jr. & , on the second day of January A.D. Eighteen hundred & thirty seven, at in said made their promissory note in writing and delivered the same to the said and thereby promised to pay jointly & severally to the President Directors & Company of the or bearer three thousand dollars at the in in forty five days after the date thereof, 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 also for that whereas heretofore, to wit, on the second day of March in the year of our Lord eighteen hundred and thirty seven, at in said , the said defendants were indebted to the said in the sum of four thousand dollars for so much money by the said lent and advanced to, and paid, laid out & expended for the said defendants at their special instance and request; and also in the further sum of four thousand dollars by the said defendants before that time had and received to and for the use of said ; and whereas the defendants afterwards, on the said second day of March 1837 in consideration of the premises then and there promised to pay the said several sums of money to the on request; yet they have disregarded their promises, and have not paid the said several sums of money, nor either of them, nor any part thereof, to the damage of the , four thousand dollars, And thereupon the said sues &c.
By Perkins & Osborn Attys. for
And now at this term of said Court, that is to say, at the term thereof first aforesaid, come the said parties, and by their mutual agreement here in court, this cause is settled and discontinued at the costs of the de [p. 68]
March in the year of our Lord one thousand eight hundred and thirty seven, and of the County of personally appeared before me clerk of the court of common pleas, for said county of and severally acknowledged themselves to owe unto The President Directors & Company of the the sum of eight thousand dollars each, to be levied upon their several goods and chattels, lands, tenements and real estates, upon condition that if the defendants, Joseph Smith Jr. & shall be condemned in this action, at the suit of The President, Directors & Company of the the plaintiffs, they shall pay the costs and condemnation of the court, or be rendered or render themselves into the custody of the sheriff of said for the same; or in case of failure that the said and will pay the costs and condemnation for them— Taken and acknowledged the day and year above written, before me, in open court.
Clk.”
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 twenty fourth day of April in the year aforesaid, the by Perkins & Osborn their attorneys, filed with the aforesaid, their declaration in the words and figures following, to wit:—
“The State of Ohio)
ss. scilicet)
In the Court of Common Pleas, Vacation after March Term 1837—
The President Directors & Company of the complain of Joseph Smith Junior, & , in a plea of the case, for that whereas the said defendants, by the name and description of Joseph Smith Jr. & , on the second day of January A.D. Eighteen hundred & thirty seven, at in said made their promissory note in writing and delivered the same to the said and thereby promised to pay jointly & severally to the President Directors & Company of the or bearer three thousand dollars at the in in forty five days after the date thereof, 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 also for that whereas heretofore, to wit, on the second day of March in the year of our Lord eighteen hundred and thirty seven, at in said , the said defendants were indebted to the said in the sum of four thousand dollars for so much money by the said lent and advanced to, and paid, laid out & expended for the said defendants at their special instance and request; and also in the further sum of four thousand dollars by the said defendants before that time had and received to and for the use of said ; and whereas the defendants afterwards, on the said second day of March 1837 in consideration of the premises then and there promised to pay the said several sums of money to the on request; yet they have disregarded their promises, and have not paid the said several sums of money, nor either of them, nor any part thereof, to the damage of the , four thousand dollars, And thereupon the said sues &c.
By Perkins & Osborn Attys. for
And now at this term of said Court, that is to say, at the term thereof first aforesaid, come the said parties, and by their mutual agreement here in court, this cause is settled and discontinued at the costs of the de [p. 68]
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