Transcript of Proceedings, circa 24 October 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas within and for the County of in the State of , on the twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered that heretofore to wit, at the June term of said court in the year above written Joseph Smith Jr. for the use of [John] Hitchcock & [James R.] Hitchcock by his attorney sued out of the office of the Clerk of said court a writ of summons against Elijah Cheney, in the words & figures following to wit:
“The State of Ohio)
ss. [scilicet])
seal
To the of said . . . Greeting:—
We command you that you summon Elijah Cheney to appear forthwith before our court of common pleas for said now sitting at the court house in to answer unto Joseph Smith Jr. for the use of John Hitchcock & James R. Hitchcock in a plea of to their damage three hundred dollars as is said. Herein fail not but of this writ and your services make due return. Witness President of said court at this ninth day of June A. D. 1837—
C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. on note by def[endan]t Sept. 21. 1836 payable to pl[ainti]ff on demand with use for $200.39: Also for money had & recd. to use of plff: Also for money lent & advanced to deft: Amount appearing due $200.00 June 9, 1837— ”
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 executed the command of this writ by leaving a true copy of the same with the within named Elijah Cheney this 10. day of June 1837—
2d. Shff. Dept.”
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 tenth day of July in the year aforesaid the plaintiffs by their said filed in the office of the Clerk 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 AD 1837— Joseph Smith Jr. for the use of John Hitchcock & James R. Hitchcock complains of Elijah Cheney in a plea of for that whereas the said defendant on the twenty first day of September AD 1836 at in said made his promissory note in writing, and delivering delivered the same to the plaintiff and thereby promised to pay the plaintiff two hundred dollars & thirty nine cents with use on demand for value received and the said defendant in consideration of the premises promised to pay the amount of the said note to the said plaintiff according to the tenor and effect thereof, and also for that whereas the said defendant heretofore to wit, on the twenty second day of September AD 1836 at in said county of and State of was indebted to said plaintiff in the sum of four hundred dollars for the work, labour, care, diligence and attention of him the said plaintiff by him the said plaintiff before that time done performed and bestowed in and about the business of [p. 275]
said defendant and for the said defendant and at his special instance and request: And also in the further sum of four hundred dollars for divers goods wares and merchandize and other personal property before them by said plaintiff sold and delivered to said defendant and at the like special instance and request of said defendant; And also in the further sum of four hundred dollars for so much money before them by said plaintiff lent and advanced to, and paid, laid out and expended for said defendant and at his like special instance and request: And also in the further sum of four hundred dollars for other moneys before them by said defendant had and received to and for the use of said plaintiff: And being so indebted [t]he said defendant in consideration thereof afterwards to wit, on the same day and year last aforesaid to wit, at aforesaid undertook and then and there faithfully promised the said plaintiff to pay him the said several sums of money in this count mentioned when he the said defendant should be thereunto afterwards requested: And whereas also afterwards to wit, on the twenty second day of September AD 1836 at in said the said defendant accounted with the said plaintiff of and concerning divers other sums of money for the said defendant to the said plaintiff before that time due and owing and there in arrear and unpaid and upon such accounting the said defendant was then and there found to be in arrear and indebted to the said plaintiff in the further sum of four hundred dollars; and being so found in arrear and indebted he the said defendant in consideration thereof afterwards to wit, on the same day and year last aforesaid to wit, at aforesaid undertook and then and there faithfully promised the said plaintiff to pay him the said further sum of four hundred dollars in this count mentioned when he the said defendant should be thereunto afterwards requested: Yet the said defendant his said several promises and undertakings in no wise regarding but contriving &c has not as yet paid the several sums of money in this declaration mentioned or any or either of them or any part thereof to the said plaintiff (although often requested &c.) But the said defendant to pay the said plaintiff the same has hitherto wholly neglected and refused and still do neglect and refuse, to the damage of the said plaintiff of three hundred dollars and therefore he sues &c.
Attorney for Plaintiff.”
And now at this term of said court that is to say at the term therof first aforesaid, comes the said plaintiff by his and the defendant being three times demanded to come into court & defend this suit comes not but makes default— It is therefor considered by the court that the plaintiff recover against the defendant for the use of the said John and James R. Hitchcock his damages by the court here assessed to two hundred & thirteen dollars and ninety two cents, & also his costs & charges by him in & about the prosecuting of this suit in that behalf expended taxed at nine dollars & seventy nine cents— And it is ordered by the court that the defendant pay the costs & charges by him made in & about the defence of this suit taxed at sixty seven cents, and in default thereof that execution issue to collect the same.
Prest. [p. 276]

Footnotes

  1. 1

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

  2. new scribe logo

    Signature presumably of Van R. Humphrey.