Introduction to Commercial Bank of Lake Erie v. Cahoon et al.
Commercial Bank of Lake Erie v. Cahoon, JS, and Young
Geauga Co., Ohio, Court of Common Pleas, 3 April 1838
In October 1837, the president and directors of the initiated a lawsuit against , JS, and to reclaim a debt the men owed the bank. Cahoon, JS, and Young had taken out a loan for $1,225 on 3 July 1837 and had signed a promissory note to pay the debt in three months at the banking house in , Ohio. The reason for the loan is not recorded in extant documents, but it likely related to efforts to repay and renegotiate the mercantile debts that the partnerships of and had amassed the previous year and been unable to repay. Such renegotiations began in July and continued into September. In July 1837, the financial situation in , Ohio, proved so difficult that in addition to this loan, church leaders decided to mortgage the in Kirtland. On 11 July 1837, the and reached a mortgage agreement with the mercantile firm of Mead, Stafford & Co. The decision to mortgage the temple, the most significant asset available to the church, signaled church leaders’ difficult financial circumstances; they had few resources to offset the mercantile debt they had amassed in building the house of the Lord and expanding the Kirtland community.
On 26 October 1837 the officers of the requested that the of the , Ohio, Court of Common Pleas issue a summons for , JS, and , thereby initiating a civil suit in a plea of for payment on the debt. Either the or his deputy left copies of the writ for each of the defendants on 1 November 1837. JS was not in at the time, having traveled to visit Latter-day Saints in , Missouri. The law firm Payne & Willson filed a on behalf of the bank on 4 December 1837 claiming $2,000 in damages. The case came to trial on 3 April 1838, months after JS had moved to Missouri, and, according to the transcript of proceedings, the case was settled and the court fees paid. No documentation exists as to what settlement JS, Cahoon, and Young reached with the Commercial Bank of Lake Erie.
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
3 July 1837
Reynolds Cahoon and Others, Promissory Note, Kirtland, Geauga Co., OH, to Commercial Bank of Lake Erie, Cleveland, OH
3 July 1837. Not extant.
Geauga Co., Ohio, Court of Common Pleas
26 October 1837
Charles H. Foot, Summons, to Geauga Co. Sheriff, for Reynolds Cahoon and Others, Chardon, Geauga Co., OH
Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Journal, vol. N, p. 290, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
Ca. 3 April 1838
Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 5–6, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
Ca. 3 April 1838
Docket Entry, Costs, Chardon, Geauga Co., OH
Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 355, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; notation in handwriting of David D. Aiken with signature of Abel Kimball.