Declaration, circa 7 July 1837 [Eaton v. JS and O. Cowdery]

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  • Historical Introduction

Document Transcript

The State of Ohio)
ss. [scilicet])
In the Court of Common Pleas June Term AD 1837. complains of Joseph Smith Junr. and against whom process issued which was not served as to the said who at the time of making the premises herein after mentioned were partners and traders in company by the name and firm of Smith and Cowdery) in a plea [p. 277] 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. [p. 278]