Declaration, circa 7 May 1835 [D. Lake v. JS]

  • Source Note
  • Historical Introduction
Page 507
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The State of Ohio)
ss)
)
vs)
Joseph Smith Junr.)
Court of Common Pleas vacation before June Term AD. 1835.
Assumpsit.— This cause comes into Court on an appeal from a Justices Court wherein is Plaintiff & appellee, & Joseph Smith Jr. Defendant & appellant.— And the said complains of the said Joseph Smith Jr. in a plea of Assumpsit: For that whereas the said defendant, heretofore, to wit, on the twenty first day of November, in the year of our Lord one thousand eight hundred & thirty four, at in said County of , was indebted to the said in the sum of two hundred dollars of lawful money, for the work & labour, care & diligence of the said , by him the said before that time done, performed & bestowed in & about the business of the said defendant & for the said defendant at his special instance & request:— And also in the further sum of two hundred dollars of like lawful money for divers goods, wares & merchandize, by the said before that time sold & delivered to the said defindant, & at his like special instance & request.
And also in the further sum of two hundred dollars of like lawful money, by the said before that time, lent & advanced to, & paid laid out & expended; for the said defendant & at his like special instance & request;— And also in the further sum of two hundred dollars of like lawful money, for other money, by the said defendant, before that time, had & received to & for the use of the said : & being so indebted, to pr the said defendant in consideration, thereof, afterwards, to wit: on the 21st. day of November A.D. 1834. aforesaid, undertook & then and there <​faithfully​> promised the said , to pay him the said several sums of money in this court mentioned, when he the said defendant, should be thereunto afterwards requested; Yet he hath disregarded his said promises & hath not yet paid the said several [p. 507]
The State of Ohio)
ss)
)
vs)
Joseph Smith Junr.)
Court of Common Pleas vacation before June Term AD. 1835.
Assumpsit.— This cause comes into Court on an appeal from a Justices Court wherein is Plaintiff & appellee, & Joseph Smith Jr. Defendant & appellant.— And the said complains of the said Joseph Smith Jr. in a plea of Assumpsit: For that whereas the said defendant, heretofore, to wit, on the twenty first day of November, in the year of our Lord one thousand eight hundred & thirty four, at in said County of , was indebted to the said in the sum of two hundred dollars of lawful money, for the work & labour, care & diligence of the said , by him the said before that time done, performed & bestowed in & about the business of the said defendant & for the said defendant at his special instance & request:— And also in the further sum of two hundred dollars of like lawful money for divers goods, wares & merchandize, by the said before that time sold & delivered to the said defindant, & at his like special instance & request.
And also in the further sum of two hundred dollars of like lawful money, by the said before that time, lent & advanced to, & paid laid out & expended; for the said defendant & at his like special instance & request;— And also in the further sum of two hundred dollars of like lawful money, for other money, by the said defendant, before that time, had & received to & for the use of the said : & being so indebted, pr the said defendant in consideration, thereof, afterwards, to wit: on the 21st. day of November A.D. 1834. aforesaid, undertook & then and there faithfully promised the said , to pay him the said several sums of money in this court mentioned, when he the said defendant, should be thereunto afterwards requested; Yet he hath disregarded his said promises & hath not yet paid the said several [p. 507]
Page 507