Transcript of Proceedings, circa 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.]

  • Source Note

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 & 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, the President, Directors & Company of the 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 our said . . . Greeting:— We command you that you summon , Joseph Smith Jr. and to appear forthwith before our Court of Common Pleas for said now sitting at the Court House in to answer unto The President Directors & Company of the 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 Clerk of said Court at this 26th. day of October AD 1837. C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brought vs defts as makers of a note of hand given to plffs. or order for $1225, dated July 3d. 1837 & payable at plffs Banking House in three months after the date thereof. Also for money had and recd. Amt. due $1230.”
The foregoing writ was forthwith returned into Court by the Sheriff of our said endorsed as follows to wit:— [p. 5]
“The State of Ohio, ss. [scilicet] I have executed the command of this writ by leaving true copies with each of the defendants Nov. 1. 1837. 2d. Shff. J[abez] A. Tracy Deputy.”
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 fourth day of December in the year last aforesaid the 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 October Term AD. 1837. The President Directors and Company of the Plffs. complain of Joseph Smith Jr. and defts in a plea of assumpsit for that whereas the said defendants on the third day of July AD 1837 at in said made their promissory note in writing and delivered the same to the plaintiffs and thereby jointly and severally promised to pay the said plaintiffs or order at their in for value received twelve hundred and twenty five dollars three months after the date thereof, which period has now elapsed and the said defendants in consideration of the premises promised to pay the amount of the said note to the said plaintiffs according to the tenor and effect thereof: And also for that whereas the said defendants heretofore to wit, on the fourth day of October AD 1837 at in said and State of were indebted to said plaintiffs in the sum of fifteen 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 fifteen 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 fifteen 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 fifteen hundred dollars for other monies 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 fourth day of October 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 the said plaintiffs in the further sum of twelve hundred and twenty five dollars, and being so 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 twelve hundred and twenty five dollars in this count mentioned when they the said defendants should be thereunto afterwards requested. Yet the said defendants their said several promises and undertakings in no wise regarding but contriving &c. have 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 plaintiffs (although often requested &c.) But the said defendants plaintiffs 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.
Payne & Wil[l]son Attorneys for Plaintiffs.”
And now at this term of said Court that is to say at the term thereof first aforesaid, come the said parties and this cause is settled and costs are paid. [p. 6]

Footnotes

  1. 1

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