Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. Rigdon]

  • 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 third day of April in the year of our Lord One thousand eight hundred and thirty eight.
Be it remembered that heretofore to wit at the October term of said court in the year of our Lord one thousand eight hundred and thirty seven and sued out of the office of <​the​> of said Court a writ <​of​> summons against 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 “We command you that you Summon to appear forthwith, before our Court of common Pleas for said , now sitting at the Court House in to answer and in a plea of Assumpsit to their damage twelve hundred dollars. as is said Herein, fail not, but of this writ and your services make due return Witness Clerk of said Court at this 26th day of October — A. D. 1837
C[harles] H. Foot Dep. Clerk”
Upon which writ was the following endorsment to wit.
[“]Suit brot on a joint and several note of hand given by , Joseph Smith Junior, , , and to as order for $825 payable at the Commercial Bank of Lake Erie at with interest five months from date and by the said endorsed to the pl[ainti]ffs— also for goods Sold and delivered, money had and received &c. Amount appearing due $851.75 damages $1200— Oct 26th 1837”
The foregoing writ was forthwith returned to Const endorsed as following follows to wit
“The State of Ohio ss I have exicuted the command of this writ by leaving a true Copy of the same with the Wife of he being absent Dep. Shff. [Deputy Sheriff]”
And thereupon it was ordered by the Court that this cause be continued untill the next term of said Court afterwards to wit on the twenty fifth day of November in the year last afore-said the said plantiffs filed in the s Office afore said their decleration in the words and figures following to wit
“State of Ohio) ss. [scilicet])
)
&)
) Action of Assumpsit)
vs.)
)
Court of Common Pleas Vacation after October Term A. D. 1837
The said & Plaintiffs in this suit by George W Lynde their Attourney Complain of Defendant in this suit in a plea of assumpsit.— For that Whereas heretofore the said and Joseph Smith Junior, , and on the thirteenth day of April A. D. 1837 at in said County of and aforesaid made their Certain promissory note in writing and delivered the same to one and thereby the said and Joseph Smith Junior, , , and promised to pay the said in the following manner, five months after date We or either of us promise to pay or order Eight hundred & twenty five dollars at the Commercial Bank of Lake Erie at with interest from date Value received (meaning for Value received) which period has now elapsed, and the said than and there endorsed the said note and delivered the same to the said Planitiffs Whereof the said than then and there had notice, and than then and there in Consideration of the premises, promised to pay the amount of the said note and the interest on the same to the said Plaintiffs according to the tenor and effect thereof Yet the said (although often requested so to do) has not paid the Said sum of money to the said Plaintiffs neither have the said Joseph Smith Junior [p. 518]
and , nor any or either of them, paid the said sum of money mentioned in said note or any part thereof to said Plaintiffs— But the said and the said Joseph Smith Junior, and have hitherto wholly neglected and refused so to do, and also for that whereas the said heretofore, to wit, on the first day of September A. D. 1837 at in said County of and State of , was indebted to said plaintiffs in the sum of twelve hundred dollars for the work, labor labour care, diligence and attention of them the Plaintiffs by them the said Plaintiffs before that time, done, performed and bestowed, in and about the business of said and for the said and at his special instance and request; and also in the further sum of twelve hundred dollars for divers goods, wares, and merchandise, and other personal property, before th[e]m by said plaintiffs sold and delivered to said and at the like special instance and request of said ; And also in the further sum of twelve hundred dollars for so much money, before then, by said plaintiffs lent, and advanced to, and paid, laid out and expended for said and at his like special–instance and request; And also in the further sum of twelve hundred dollars for others moneys before then by said had and received to and for the use of said plaintiffs; And being so indebted [t]he said , 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 he the said should be thereunto afterwards requested; and whereas, also afterwards, to wit, on the first day of October A. D. 1837 at , in said , the said accounted with the said plaintiffs of and concerning divers other Sums of money for the said to the said plaintiffs before that time due and owing and then in arrear and unpaid, and upon Such accounting the said was then and then found, to be in arrear and indebted to said plaintiffs in the further sum of twelve hundred dollars and being so found in arrear and indebted he the said 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 twelve hundred dollars in this count mentioned where he the said should be thereunto afterwards requested. Yet the said his said several promises and undertakings in no wise regarding but contriving &c. has 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 to pay the said plaintiffs the same has hitherto wholly neglected and refused and still does neglect and refuse to the damage of the said plaintiffs of twelve hundred dollars, and therefore they sue &c.
G. W. Lynde Att[orne]y. for Plaintiffs.”
And now at this term of said Court that is to say at the term thereof first aforesaid came the said plaintiffs and the being three times demanded to come into Court and defend this Suit, comes not but makes default. It is therefore considereded by the Court that the plaintiffs recover against the their damages by the court here assessed to the sum of eight hundred eighty one dollars and fifteen cents, and also their costs and charges by them in and about the prosecuting of this Suit in that behalf expended, taxed at eleven dolla eight nine dollars and Sixty Six cents; and it is ordered by the Court that the pay the costs and charges by him made in and about the defending of this Suit, taxed at one dollar and forty nine cents, and in default thereof, that execution issue to collect the same.
Prst [p. 519]

Footnotes

  1. 1

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

  2. new scribe logo

    Signature presumably of Van R. Humphrey.