Transcript of Proceedings, circa 16 April 1839 [Halsted, Haines & Co. v. O. Granger et al.]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas within and for the County of in the State of at a Term of said Court begun and held at on the sixteenth day of April in the year of our Lord one thousand eight hundred and thirty nine
Be it remembered, that heretofore to wit, on the fifteenth day of October in the year of our Lord one thousand eight hundred and thirty eight and others sued out of the office of the of said Court a writ of [p. 384] summons against and others in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
Seal
To the of said — Greeting:—
We command you that you summon , , , , Joseph Smith Jr. , , , , , , , , , , , Jonathan Hampton, , , , , , , Nathan Cheney, , Samuel Newcomb , , William Foster, , Edson Barney, and , if they be found in your , to appear before our Court of Common Pleas for said to be holden held at on the sixth day of November next to answer unto , , & , firm of Halsted Haines & Co. in a plea of to their damage three thousand dollars as is said. Herein fail not but of this writ and your service make due return. Witness Clerk of said Court at this fifteenth day of October A.D. 1838
C[harles] H. Foot Dep Clerk”
Upon which writ was the following endorsment, to wit:—
“Suit brought on note of hand given by defts to plffs for $2251.77 dolls. dated Sept 1st. 1837— Also for goods sold and delivered &c amount due $2266.40 Oct. 15. 1838”—
The foregoing writ was forthwith <​afterwards​> at <​the November Term of said Court in the year last aforesaid​> returned into Court by the of our said endorsed as follows, to wit:—
“The State of Ohio , ss. I have executed the command of this writ by handing , William Foster, and true and attested copy of this writ the other defendants named in this writ not found in my bailiwick October 30 A.D. 1838— Depty Shff”
Whereupon it was ordered by the Court that this cause be continued until the next Term of said Court— Afterwards to wit, on the Seventeenth day of December in the year of last aforesaid the said plaintiffs file<​d​> in the s office aforesaid their declaration in the words and figures following, to wit:—
The State of Ohio)
ss [scilicet])
Court of Common Pleas Term of November A.D. 1838— , , & , traders in company under the partnership name of Halsted Haines & Co. complain of , William Foster, & (the of said having returned not found as to , , Joseph Smith Jr. , , , , , , , , , Jonathan Hampton, , , , , , Nathan Cheney, , Samuel Newcomb, , , , Edson Barney, & against whom process in this suit was also issued) in a plea of trespass on the case, and thereupon the said plaintiffs by Perkins & Osborn their attorneys complain For this, to wit, that whereas the said defendants heretofore, to wit, on the first day of September in the year of our Lord one thousand eight hundred and thirty seven at in the County of and within the jurisdiction of this court, made their certain note or memorandum in writing, commonly called a promissory note bearing date on the same day and year aforesaid their own proper hands and names being thereunto subscribed, and then and there delivered the same note to the said plaintiffs and thereby then and there promised the plaintiffs to pay to their order at the [p. 385]
in in said for value received twenty two hundred and fifty one dollars & seventy seven cents twelve months from the date thereof which period is now past whereby the said defendants became liable to pay to the said plaintiffs the said sum of money in said note specefied, according to the tenor and effect, true intent and meaning of said note; and being so liable, they the said defendants in consideration thereof, afterwards, to wit, on the day and year abovesaid, at the place and within the aforesaid, assumed upon themselves and then and there faithfully promised the said plaintiffs to pay them the said sum of money, in said note mentioned, according to the tenor and effect of the same note. And also, for that, whereas the said defendants on the fourth day of Sept in the year 1838 at in the County of aforesaid were indebted to the said plaintiffs in the sum of Three thousand dollars for the work and labor, care and diligence of the said plaintiffs by them the said plaintiffs before that time done performed and bestowed in and about the business of the said defendants and for the said defendants and at their special instance and request—and also in the further sum of Three thousand dollars for divers goods, wares, and merchandize by the said plaintiffs before that time sold and delivered to the said defendants and at their like special instance and request; and also in the further sum of three thousand dollars, for money by the said plaintiffs before that time lent and advanced to, and paid, laid out, and expended for the said defendants, and at their like special instance and request; and also in the further sum of three thousand dollars for other money by the said defendants before that time had and received to and for the use of the said plaintiffs; and being so indebted they the said defendants in consideration thereof, afterwards to wit, on the same day and year last above said, at the place and within the aforesaid, undertook, and then and there faithfully promised the said plaintiffs to pay them the said several sums of money in this count mentioned when they the said defendants should be thereunto afterwards requested. Nevertheless the said defendants their said several promises not regarding have not yet paid the said several sums of money or any part thereof to the said plaintiffs, although often requested so to do, but the same to them to pay have hitherto wholly neglected and refused and still do neglect and refuse, to the damage of the said plaintiffs of three thousand dollars, and therefore they bring their suit, &c.
Perkins & Osborn Attorneys for Plaintiffs
And now at this Term of said Court that is to say at the Term thereof first aforesaid, come the said plaintiffs and the defendants being three times called to come into Court and defend this suit come not but make default. It is therefore considered by the Court that the plaintiffs recover against the defendants their damages by the Court here assessed to the sum of two thousand three hundred and thirty seven dollars, and thirty five cents, and also their costs and charges by them in and about the prosecuting of this suit in that behalf expended taxed at seventeen dollars and twenty four cents, and it is ordered by the Court that the defendants pay the costs and charges by them made in and about the defending of this suit taxed at seventy seven cents, and in default thereof that issue to collect the same
Prst. [p. 386]

Footnotes

  1. 1

    TEXT: “Seal” enclosed in a hand-drawn representation of a seal.  

  2. new scribe logo

    Signature presumably of Van R. Humphrey.