Declaration, 7 May 1838 [JS for the use of J. Granger v. Smalling and Coltrin]

  • Source Note
  • Historical Introduction

Document Transcript

The State of Ohio) Court of Common Pleas vacation after
ss [scilicet]) April Term 1838.
Joseph Smith Jnr. for [p. 501] the use of complains of (the of said having returned not found as to against whom process in this cause was also issued) in a plea of the case for that whereas the said & on the thirtieth day of September AD 1836 at in the County of made their promissory note in writing and delivered the same to the said Joseph Smith Jr and thereby promised to pay to the said Joseph Smith Jr. five hundred dollars on demand with interest which period has now elapsed and the said and then & there in consideration of the premises promised to pay the amount of said note to the said Joseph Smith Jr according to the tenor and effect thereof And also for that whereas the said and on the thirtieth day of September AD eighteen hundred & thirty six at aforesaid were indebted to the said Joseph Smith Jr in the sum of one thousand dollars for the price and value of goods then and there bargained and sold by the plaintiff to the and the said at their request: And in the sum of one thousand dollars for the price and value of goods then and there sold and delivered by the plaintiff to the and the said at their request: And in the sum of one thousand dollars for money then and there lent by the plaintiffs to the and the said at their request: And in the sum of one thousand dollars for money then and there paid by the plaintiff for the use of the and the said at their request: And in the sum of one thousand dollars for money then and there received by the and the said for the use of the plff: And in the sum of one thousand dollars for money found to be due from the and the said to the plaintiff on an account then and there stated between them: And whereas the and afterwards on the thirtieth day of September AD 1836 in consideration of the premises then and there promised to pay the said several sums of money to the plaintiff on request: Yet they have disregarded their promises and have not nor have either of them paid the said several sums of money nor either nor any of them nor any part thereof; to the damage of the plaintiff one thousand dollars and thereupon he brings suit &c.
Perkins & Osborn Plffs. Attys. [p. 502]

Footnotes

  1. 1

    The Ohio legislature scheduled three terms of court per year for each county court. The legislative records for Ohio in 1838 are not extant, so the exact dates of the 1838 terms cannot be determined. Based on the dates for the 1837 and 1839 terms of court, the April 1838 term for the Geauga County Court of Common Pleas likely occurred between 1 and 16 April. (An Act to Regulate the Times of Holding the Judicial Courts [4 Feb. 1837], Acts of a General Nature [1836–1837], p. 13, sec. 4; An Act to Regulate the Time of Holding the Judicial Courts [12 Feb. 1839], Acts of a General Nature [1838–1839], p. 14, sec. 4.)  

    Acts of a General Nature, Passed at the First Session of the Thirty-Fifth General Assembly of the State of Ohio; Begun and Held in the City of Columbus, December 5th, 1836. And in the Thirty-Fifth Year of Said State. Columbus: S. R. Dolbee, 1837.

    Acts of a General Nature, Passed by the Thirty-Seventh General Assembly of Ohio, at Its First Session, Held in the City of Columbus, and Commencing December 3, 1838, in the Thirty- Seventh Year of Said State. Columbus: Samuel Medary, 1839.

  2. 2

    The phrase “for the use of” indicates that JS had assigned the promissory note to Julius Granger. (See “Assignment,” in Bouvier, Law Dictionary, 1:99.)  

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

  3. 3

    The interest was apparently set at 6.25 percent. In February 1838, the amount due on the note with interest was $531.25. (Transcript of Proceedings, 6 Nov. 1838, JS for use of Granger v. Smalling and Coltrin [Geauga Co. C.P. 1838], Final Record Book V, p. 501, Geauga County Archives and Records Center, Chardon, OH.)  

  4. 4

    The term premises has several legal definitions; in legal pleading, it means “that which is put before,” or the previous statements. (“Premises,” in Bouvier, Law Dictionary, 2:288.)  

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.