Amended Pleas, circa 30 October 1844 [JS et al. v. C. B. Street and M. B. Street]

  • Source Note
  • Historical Introduction

Document Transcript

No 3 <​4​>
And for further plea in this behalf to the 1st 2nd 3rd & 4th counts of plaintiffs declaration defendants say the consideration of the notes in said counts mentioned has failed to the sum of $633.— because they say that the notes in said counts mentioned were given by said C B [Charles B. Street] & M[arvin] B Street as principals and said Robert F Smith as security as part of the consideration of 5/6 of a Steam Boat 5/6 of two Keel Boats & the furniture, chimneys anchers and tackling thereto belonging, sold and agreed to be delivered by said plaintiffs and said to said C B & M B Street and two promissory notes on one Edwin Guthrie, one for the sum of $408 due in November 1840, the other for the sum of $430 due in November 1840, And for no other consideration whatever, and that said plaintiffs and said , wholly failed to deliver to said C B & M B Street one of said Keel Boats of great value, to wit, of the value of $300, and that said plaintiffs and said wholly failed to deliver to said Streets two anchers, part of the tackling of said Steam Boat of great value to wit of the value of $80, and that said plaintiffs and said wholly failed to deliver to said Streets the chimneys belonging to said Steam Boat, of great value to wit of the value of $250, and defendants aver that at the time of the sale and purchase of said 5/6 of said Boats said plaintiffs and said undertook and faithfully promised to deliver said Keel boat, said anchors and said chimneys to said Streets, which they have wholly failed to do, and so the defendants say that the consideration of said notes has failed to the sum of $633, and this they are ready to verify wherefore they pray judgment &C
Morrison & Grover [p. [1]]
No 5
And for further plea to the 1st 2nd 3rd & 4th Counts of plaintiffs declaration, defendants say that the consideration of the notes in said counts mentioned has failed to the sum of $408 because they say that the notes in said counts mentioned were given by said C B & M B Street as principals and said Robert F Smith as security as part of the consideration of 5/6 of a Steam Boat 5/6 of two Keel Boats and the furniture chimneys anchors and tackling thereto belonging, sold and agreed to be delivered by said plaintiffs and said to said C B & M B Street, and two promissory notes on one Edwin Guthrie one for the sum of $408 and the other for the sum of $430 due in November 1841, and for no other consideration whatever, and plaintiffs aver that at the time said note for the sum of $408 was <​sold​> by said plaintiffs and said to said Streets, they said plaintiffs falsely and fraudulently represented to said Streets, knowing the same to be false with intent to cheat and defraud said Streets, that said note was just and on a good and sufficient consideration and that the consideration of the same had not failed, when in truth and in fact the consideration of said note had wholly failed, and said Streets have been wholly unable to collect the same from said Guthrie on account of the failure of the consideration of the same, although they said Streets have used due dilligence by suit to collect the same, and so they say that the consideration of said notes in said 1st 2nd 3rd & 4th counts of plaintiffs declaration mentioned has failed to the sum of $408, and this they are ready to verify, wherefore they pray judgment &c
Morrison & Grover [p. [2]]
No. 5 <​6​>
And for further plea in this behalf to the 1st 2nd 3rd & 4th counts of plaintiffs declaration defendants say actio non because they say that the notes in said counts mentioned were given by said C B & M B Street as principals and said Robert F Smith as security as part of the consideration of 5/6 of a Steam Boat 5/6 of two Keel Boats and the furniture chimneys anchers and tackling thereto belonging sold and agreed to be delivered by said plaintiffs and said to said C B & M B Street, and two promissory notes on one Edwin Guthrie <​one​> for the sum of $408, the other for the sum of $430 due in November 1840 <​1841​>, and for no other consideration whatever, and that said vendors of said Steam Boat at and before the time of purchasing the purchase of the same, falsely and fraudulently knowing the same to be false, and with intent to cheat and defraud said Streets represented said Steam Boat and said two Keel Boats to be free from all incumbrances and to be in good credit and repute, and that they had been well managed, and that freighters and shippers were willing and anxious to ship freight on said Steam Boat, and by means of said false and fraudulent representations induced said Streets to purchase the said 5/6 of the same at a large sum of money to wit the sum of six thousand one hundred & eleven dollars sixty six & ⅔ cents and that said two Keel boats <​were​> intended to be towed by said steam boat for the purpose of carrying freight in the same and were so used, and defendants aver that said steam boat was encumbered to a large amount to wit the sum of $4000 for damages sustained by Campbell & Co and others, For that said Campbell & Co and others had on to wit the 10th day of October <​1840​> 1844 shipped on board of said steam [p. [3]] boat and said Keel boats a large amount of lead to wit one hundred & Eighty tons at the port of in the State of Illinois for the port of in the State of Missouri which said lead the Captain of said boats had undertaken and faithfully promised the shippers thereof to take and carry from said port of to said port of safe and in good order and condition, unavoidable dangers of navigation Excepted, and in a reasonable time at the price of thirty cents per hundred weight and defendants aver that said lead was not shipped and carryed from said port of to said port of in a reasonable time but that to the contrary he said Captain detained and kept said lead for a long space of time to wit for the space of five months after by reasonable care and prudence he might have delivered the same at said port of and that between the time the same might have been delivered at said port of and the time the same was delivered lead had declined in price one half cent per pound and that by the bad and unskillful management of said Captain the Consignees of said lead were forced to pay for freight and charges on said lead forty five cents per hundred pounds weight, and said boats were encumbered in a certain other large sum of money to wit in the sum of one hundred and fifty dollars for that on to wit the 10th day of October 1840 The Diving bell Company of undertook and agreed with the Captain of said boats to raise the chimneys of said Steam boat which had been lost and sunk in the for the sum of $150 which <​sum​> said Captain [p. [4]] agreed to give and said company had raised the same. and said boats were encumbered in another large sum of money to wit, the sum of $225 for that Kingsland Lightner & Co had undertaken and agreed with the Captain of said boats to make a new set of chimneys for said Steam Boat at the price of $225 which said Captain had agreed to give and that said Kingsland Lightner & Co had made said chimneys in pursuance of said agreement and said boats were incumbered to another large amount, to wit, to the sum of $200 to one William Holliday [Holladay] for services rendered by said Holliday as pilot of the same before the purchase of said boats by said Streets, and said defendants aver that the reputation of said boats was so bad on account of bad management of said boats and on account of said incumbrances on said boat that shippers would not ship on board of said boats and that thereby said Streets lost a large amount of money to wit the sum of $1500, which they reasonably might have made for freight by running said boat and that by means of said incumbrances and said bad reputation of said boats said Streets paid laid out and expended another large sum of money to wit the sum of $500 for expenses in attempting to run said boats, and that said Streets were forced and compelled to pay off a large amount of said incumbrances on said boats to wit the sum of $2000, by means of said incumbrances and said bad reputation of said boats to wit the sum of $2000, by means of said incumbrances and said bad reputation of said boats, and that said Streets lost another large sum of money, to wit, the sum of $1000 which he might have reasonably made for passage money on said boat [p. [5]] and this they are ready to verify wherefore they pray Judgement &c
Morrison & Grover
 
Smith et al
vs
Streets et al
amended pleas Nos. 2, 3, 4 <​4, 5 & 6​>
 
Filed Octo 31, 1844
clk [p. [6]]

Footnotes

  1. new scribe logo

    Docket in unidentified handwriting, presumably either Thomas Morrison or William N. Grover.  

  2. new scribe logo

    Notation in handwriting of Jacob B. Backenstos.