Transcript of Proceedings, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon 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 at the June term of said Court in the year of our Lord one thousand eight hundred and thirty seven, Thomas Underwood and others sued out of the office of the of said Court a writ of 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. Eliphalet Boynton, , Joel McWith[e]y, , , Samuel Parker, , , , , , Chauncey G. Webb, and Andrew L. Allen, to appear forthwith before our Court of Common Pleas for said now sitting at the Court House in to answer unto Thomas Underwood , Asa Spencer and Samuel Hufty in a plea of assumpsit to their damage two thousand dollars as is said. Herein fail not but of this writ and your service make due return. Witness President of said Court at this ninth day of June AD 1837.
Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brought for goods sold and delivered and work and labour done by the plaintiffs as engravers for the defendants and at their request. Amount appearing due $1450—”
The foregoing writ was forthwith returned into Court by the of our said endorsed as follows to wit:—
“The State of Ohio ss: I have obtained the acceptance of & J. McWithy as appears upon the back of this writ and handed each of the other defts a true copy of this writ except Samuel Parker, , and Andrew Allen which were not found in my bailiwick.
2d. Shff. Dep.”
The acceptance of service referred to in the foregoing return of the appears on the back of said writ, in the words and figures following to wit:—
“We accept service of this writ by copy.
, Joel McWithy.” [p. 34]
And thereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit on the seventh day of July in the year last aforesaid the said plaintiffs filed in the s office aforesaid their declaration in the words and figures following to wit:—
“The State of Ohio)
ss: [scilicet])
In the Court of Common Pleas vacation after the June Term A.D. 1837. Thomas Underwood, , Asa Spencer & Samuel Hufty complain of , Joel McWith[e]y, Joseph Smith Jr. Eliphalet Boynton, , , , , , Chauncey G. Webb, and (process having issued against them together with Samuel Parker, , , & Andrew L. Allen, but as to the said Samuel, , & Andrew L. the hath returned not found) in a plea of assumpsit, for that whereas the said defendants heretofore to wit on the first day of June AD 1837 at in said County of & State of indebted to said plaintiffs in the sum of nineteen hundred dollars for the work labour care diligence and attention of them the said plaintiffs by them the said plaintiffs before that time done performed and bestowed in and about the business of said defendants and for the said defendants and at their special instance and request: and also in the further sum of nineteen hundred dollars for divers goods wares and merchandize and other personal property before then by said plaintiffs sold and delivered to said defendants and at the like special instance and request of said defendants: and also in the further sum of nineteen hundred dollars for so much money before then by said plaintiffs lent and advanced to and paid laid out and expended for said defendants and at their like special instance and request: and also in the further sum of nineteen hundred dollars for other moneys before then by said defendants had and received to and for the use of said plaintiffs: And being so indebted they the said defendants in consideration thereof afterwards to wit on the same day and year last aforesaid at 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: And whereas also afterwards to wit on the first day of June AD 1837 at in said the said defendants accounted with the said plaintiffs of and concerning divers other sums of money for the said defendants to the said plaintiffs before that time due and owing and then in arrear and unpaid, and upon such accounting the said defendants were then and there found to be in arrear and indebted to said plaintiffs in the further sum of nineteen hundred dollars; and being so indebted found in arrear and indebted they the said defendants in consideration thereof afterwards to wit on the same day and year last aforesaid at aforesaid undertook and then and there faithfully promised the said plaintiffs to pay them the said further sum of nineteen hundred dollars in this count mentioned when they the said defendants should be thereunto afterwards requested: Yet the said several defendants their said several promises and undertakings in no wise regarding but contriving &c. have not as yet paid the said several sums of money in this declaration mentioned or any or either of them or any part thereof to the said plaintiffs (although often requested &c.) but the said defendants to pay the said plaintiffs the same have hitherto wholly neglected and refused and still do neglect and refuse. To the damage of the said plaintiffs of two thousand dollars and therefore they sue &c.
Andrews & Foot Attys for Plaintiffs.”
Afterwards to wit at the twenty eighth day of October <​October term of said Court​> in the year last aforesaid [p. 35] the said defendants filed in the s office aforesaid their plea in the words and figures following to wit:—
ss: [scilicet] Court Com. Pleas Term of Oct. 1837.
& others)
ats [ad sectam]) In Asst. [assumpsit]
[Thomas] Underwood, , [Asa] Spencer & Co.)
Now come the defts by Perkins & Osborn their Attys and say they did not assume nor promise in manner and form as the plffs in their declaration have alledged and thereof put themselves on the country. And the plffs do the like.
Perkins & Osborn for Defts.”
And thereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit at the April term of said Court in the year of our Lord one thousand eight hundred and thirty eight it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit at the June term of said Court in the year last aforesaid it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit at the November term of said Court in the year last aforesaid it was ordered by the Court that this cause be continued until the next term of said Court.
And now at this term of said Court that is to say at the term thereof first aforesaid, come the said parties and by their mutual agreement the issue of fact in this cause is submitted to the decision of the Court, and the Court on hearing the evidence adduced do find that the defendants did assume and promise in manner and form as the plaintiffs have complained against them, and assess the plaintiffs damages by reason of the premises to the sum of one thousand six hundred and forty one dollars and sixty three cents. It is therefore considered by the Court that the said plaintiffs recover against the said defendants who were served with process, their damages aforesaid so assessed, and also their costs and charges by them in and about the prosecuting of this suit in that behalf expended taxed at twenty dollars and ninety two cents; and it is ordered by the Court that the said defendants pay the costs and charges by them made in and about the defending of this suit taxed at one dollar and sixty five cents, and in default thereof that execution issue to collect the same. The defendants give notice of their intention to appeal to the Supreme Court.
Prst [p. 36]

Footnotes

  1. 1

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

  2. new scribe logo

    Signature presumably of Van R. Humphrey.