Pleas and Account, circa 23 May 1844 [JS et al. v. C. B. Street and M. B. Street]

  • Source Note
  • Historical Introduction

Document Transcript

State of Illinois)
)
of the May Term 1844 of the Circuit Court
<​1​> C B [Charles B. Street] & M[arvin] B Street & Robert F Smith Joseph Smith &
And the said defendants by their attorney came and defend the wrong & injury when &c and say that they did not assume and promise in manner and form as the said plaintiffs have in their said decleration complained against them and of this they put themselves & c
Morrison & Grover
<​Plaintiff likewise & ​>
<​2​> And for further plea to the first second third and fourth counts of said decleration say that the consideration of the note in said counts mentioned has wholy failed in this to wit that said note was given as part of the consideration of 5/6 of a ste[a]m boat befor purchasd by defendants C B & M B Street of the plaintiffs and said and that the vendors of said steam boat represented said steam boat to be free from all encumberances and in good repute and credit when in fact said steam boat was <​so​> encumbered that she was hindered and stopped and detained at divers and sundry ports to wit at Debuke [Dubuque] and and the reputation [p. [1]] and character of said boat was entirely ruined and destroyed by means of said encumberances so that defendants could not procure freight to be shipped on board of said boat so that she was rendered wholy useless and of no value to defendants C B & M B Streets and so defendants say the consideration of said notes has wholy failed & this they are ready to verify wherefore they pray Judgement & c
Morrison & Grover
<​3.​> And for further plea as to the 4 first counts of said decleration defendants say that that the notes in said counts mentioned wre given in past consideration of 5/6 of a steam boat sold by plaintiffs <​and said ​> to defendants C B & M B Street and that and that upon the sale of said enterest in said boat said plaintiff and said falsley and fraudulently represented said boat to be free from all encumbrance and in good reput and credit when in truth and in fact said Boat was encumberd by debts which were a lien upon the same and defendants <​C B & M B Streets​> were foorced to pay of and discharge the the same amounting to a large sum of money to wit to the sum of $1200. and were hinderd and detained from prosecuting their voyages or trips with said steam boat by means of said encumbrances for a long space of time to wit for the space of two months and the reputation of said boat was good but on the contrary [p. [2]] was so bad that said defendants C B & M B Street could not procure freight to be shipped on said so that they were prevented from making as they reasonaably expected to have a large sum of money from freghts to wit the sum of $5000 and this they are ready to verify wherefore they pray Judgement &c
Morrison & Grover
<​4​> No 2
and for further plea in this behalf <​to the 1st 2nd 3rd & 4th counts of plaintiffs decleration​> defendants say also a[c]tio non because they say <​that the promises <​in said counts mentioned​> were made by said C B & M B Streets as principal & said Robert F. Smith as their security​> that before the commencement of this suit to wit on the 10th day of January 1844 at to wit the and aforesaid said defendants plaintiffs were indebted to said Streets in a much larger sum of money than the damages the plaintiff has sustained by reason of the non performance of the several promises and undertakings in plaintiffs decleration mentioned to wit in the sum of five thousand dollars for goods wares and merchandise before that time sold and delivered by said said Streets to said plaintiffs at plaintiffs special instance and request and for money lent and advanced by said Streets to plaintiffs at plaintiffs special instance and request and for money before that time paid laid out and expended by said Streets for the use and benefit of said plaintiffs at plaintiffs special instance and request and for work and labour before that time done and performed by said Streets for plaintiffs at their special instance and request and [p. [3]] and being so indebted they said plaintiffs then and there in consideration thereof undertook and faithfully promised the plaintiffs <​said Streets​> to pay them said sum of money when they should be thereunto afterwards requested yet said plaintiffs (although often requested) have not paid plaintiff said Streets said sum of money or any part thereof but so to do have hitherto wholy neglected and refused and said defendants hereby offer to set off so much of said sum of money as is equal to the plaintiffs damages and this they are ready to verify wherefore they pray Judgement & c
Morrison & Grover
<​5 No 3​> And the said defendants for further plea as to the 4 first counts of plaintiffs decleration herein say actio non because they that the notes in <​in said counts of​> plaintiffs decleration mentioned were given for by said C. B. & M. B. Street and Robert F Smith as their security to plaintiffs and said as part of the consideration <​of 5/6​> of a steam <​boat​> then and there sold by plaintiffs and said to said C. B. & M. B. Street and that plaintiffs before the commencement of this suit and that plaintiffs and said at the time of the sale of said boat represented <​the same to be free <​the warranties​>​> the same to be free from all incumbrances and that the reputation of said boat was good & <​that she should not be hindered and detained by encumberances​> whereas in truth and in fact said boat was encumbered at the <​time of said sale​> to a large amount to wit in the sum of three <​two​> thousand dollars which said Streets were compelled to pay and that the reputation [p. [4]] by means of said incumbrances said boat was hindered and prevented from running and detained for a long space of time to wit for the space of 6 months and that while said boat was so hindered and prevented from running she could reasonably have made a large sum of money to wit the sum two thousand dollars and that by means of said incumbrances shippers and drivers of freight would not ship the same on board of said boat and said boat was thereby hindered and prevented from making another large sum of money as reasonable freght for wages <​to wit the sum of $2000.​> and that by means of the bad reputation of said boat said Streets were unable to run her successfully and to procure freight and passengers and that thereby they lost <​another​> a large sum of money to wit the sum of $2000. and that all the above greevences accurred [occurred] and happened while said Streets were the owners of said <​5/6 of said​> boat and so the defendants say that before the commencement of this suit to wit on the 20th day of December 1843 said plaintiffs and said were indebted to said Streets in manner as aforesaid set out and specified in a much larger sum of money than the damages the plaintiffs have sustained by reason of the of the breach of said supposed promises in plain said four first counts counts of plaintiffs decleration mentioned and hereby offer to set off and allow plaintiffs so much of said sum of money as is equal to plaintiffs damages and claim a Judgement over for the ballance and this they are ready to verify wherefore they pray Judgement &c
Morrison & Grover [p. [5]]
Joseph Smith & to Dr
To C B & M B Street
To encumbrances paid on steam boat $2000,00
To losses by being detained by encumbrances $2000.00
To loss of freight and passangers by means of encumbrances $2000.00
To loss of passengers and freight by means of the bad reputation of boat $2000.00
[remainder of page blank] [p. [6]]
[page [7] presumably blank] [p. [7]]
Smith et al
vs) pleas No 1
Streets et al
and pleas Nos 2 & 3
5 pleas & account filed May 24 1844
Clk [p. [8]]

Footnotes

  1. new scribe logo

    Insertion in handwriting of William Richardson.  

  2. 1

    TEXT: The scribe canceled the word “promissory” here prior to crossing out the entire passage.  

  3. 2

    TEXT: The scribe canceled the word “is” here prior to crossing out the entire passage.  

  4. 3

    TEXT: The scribe canceled the phrase “the sum of off” here prior to crossing out the entire passage.  

  5. new scribe logo

    Docket in unidentified handwriting.  

  6. new scribe logo

    Docket and notation probably in handwriting of Jacob B. Backenstos.