Declaration, circa 7 July 1837 [Eaton v. JS and O. Cowdery]

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  • Historical Introduction
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of assumpsit, for that whereas the said defendants on the eleventh day of October A.D. 1836 at to wit at in said made their promissory note in writing and delivered the same to the said plaintiff and thereby promised to pay the said plaintiff or order eleven hundred forty three dollars and one cent for value received at the Bank at Ohio six months after date which period has now elapsed and the said defendants then and there 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 whereas also the said defendants heretofore to wit, on the first day of May AD 1837 at in said were indebted to the said plaintiff in the sum of twelve hundred dollars for so much money before that time lent and advanced by the plaintiff to the defendants at their special instance and request, and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid at aforesaid undertook and then and there promised to pay the plaintiff the said sum of money in this court mentioned when they the said defendants should be thereunto afterwards requested: Yet the said defendants have disregarded their said promises and have not nor hath either of them paid said sums of money or any part thereof although often requested to do so, to the plaintiffs damage two thousand dollars, and therefore he brings suit &c.
By Andrews & Foot his Att[orne]ys. [p. 278]
of assumpsit, for that whereas the said defendants on the eleventh day of October A.D. 1836 at to wit at in said made their promissory note in writing and delivered the same to the said plaintiff and thereby promised to pay the said plaintiff or order eleven hundred forty three dollars and one cent for value received at the Bank at Ohio six months after date which period has now elapsed and the said defendants then and there 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 whereas also the said defendants heretofore to wit, on the first day of May AD 1837 at in said were indebted to the said plaintiff in the sum of twelve hundred dollars for so much money before that time lent and advanced by the plaintiff to the defendants at their special instance and request, and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid at aforesaid undertook and then and there promised to pay the plaintiff the said sum of money in this court mentioned when they the said defendants should be thereunto afterwards requested: Yet the said defendants have disregarded their said promises and have not nor hath either of them paid said sums of money or any part thereof although often requested to do so, to the plaintiffs damage two thousand dollars, and therefore he brings suit &c.
By Andrews & Foot his Attorneys. [p. 278]
Page 278