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Introduction to Kelley v. Rigdon, Smith & Cowdery

Kelley v. Rigdon, Smith & Cowdery
Geauga Co., Ohio, Court of Common Pleas, 6 June 1837
 
Historical Introduction
In mid-June 1836, the , Ohio, firms of and sent agents to , New York, to purchase wholesale goods. From 12 to 18 June, the firms collectively purchased over $14,000 worth of goods on credit. On 18 June, Cahoon, Carter & Co. purchased goods from merchant Daniel Ketchum amounting to $2,014.74, apparently paid for by Rigdon, Smith & Cowdery, since that same day Cahoon, Carter & Co. gave a promissory note for the exact amount to Rigdon, Smith & Cowdery. The firm of Rigdon, Smith & Cowdery then transferred the note received from Cahoon, Carter & Co. to Buffalo merchant John Ayer, who in turn signed it over to Hezekiah Kelley, another merchant.
In 1837, a financial panic created a national economic downturn, which in turn affected the economy. The Kirtland mercantile firms found themselves unable to pay their sizable debts, resulting in several legal actions against them that year. The case featured here, brought by Kelley, was one of these proceedings. After the note now in Kelley’s possession became due and payment was not made, and , acting as Kelley’s attorneys, commenced two separate legal actions to collect on the note. One action was brought against , as the originator of the promissory note, and a separate suit against , as endorser of the note.
On 25 March 1837, JS and were arrested and brought before the Court of Common Pleas, but was absent from and could not be found to stand trial. This same day, special bail for $6,000 was entered in behalf of the men. The case was tried on 6 June 1837, with the court ruling that , having endorsed the note, was liable for the debt. Kelley prevailed in this action as well as his suit against ; each firm was assessed $2,083.47 in damages, plus court costs. Efforts to collect the debt continued until after the death of JS.
 
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.
 
18 June 1836 Cahoon, Carter & Co., Promissory Note, Kirtland, Geauga Co., OH, to Rigdon, Smith, & Cowdery
18 June 1836. Not extant.
 
Kelley v. Rigdon, Smith & Cowdery, Geauga Co., OH, Court of Common Pleas
 
22 March 1837 David D. Aiken, Writ of Capias ad Respondendum, to Geauga Co. Sheriff, for Sidney Rigdon and Others, Chardon, Geauga Co., OH
22 Mar. 1837. Not extant.
Ca. 6 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book U, pp. 97–98, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
25 March 1837 Vinson Knight and Ira Bond, Special Bail, before David D. Aiken, Chardon, Geauga Co., OH
25 Mar. 1837. Not extant.
Ca. 6 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book U, p. 98, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Ca. 24 April 1837 Perkins & Osborn on behalf of Hezekiah Kelley, Declaration, Geauga Co., OH
Ca. 24 Apr. 1837. Not extant.
Ca. 6 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book U, pp. 98–99, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
6 June 1837 Docket Entry, Judgment, Chardon, Geauga Co., OH
6 June 1837; Geauga County Court of Common Pleas, Journal Book N, p. 193, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot and David D. Aiken.
 
Ca. 6 June 1837 Docket Entry, Costs, Chardon, Geauga Co., OH
Ca. 6 June 1837; Geauga County Court of Common Pleas, Execution Docket G, p. 58, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of David D. Aiken, Charles H. Foot, unidentified scribe, John French, and Lorenzo J. Rider.
 
Ca. 6 June 1837 Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 6 June 1837; Geauga County Court of Common Pleas, Record Book U, pp. 97–99, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; possible signature of Van R. Humphrey.
 
19 June 1837 Fieri Facias, Chardon, Geauga Co., OH
19 June 1837. Not extant.
 
23 April 1838 Alias Fieri Facias, Chardon, Geauga Co., OH
23 Apr. 1838. Not extant.
 
18 September 1838 Venditioni Exponas, Chardon, Geauga Co., OH
18 Sept. 1838. Not extant.
 
18 September 1838 Pluries Fieri Facias, Chardon, Geauga Co., OH
18 Sept. 1838. Not extant.
 
10 May 1839 Alias Venditioni Exponas, Chardon, Geauga Co., OH
10 May 1839. Not extant.
 
4 June 1839 Pluries Fieri Facias, Chardon, Geauga Co., OH
4 June 1839. Not extant.
 
25 November 1841 Alias Fieri Facias, Chardon, Geauga Co., OH
25 Nov. 1841. Not extant.
 
12 August 1842 Venditioni Exponas, Chardon, Geauga Co., OH
12 Aug. 1842. Not extant.
 
12 August 1842 Alias Fieri Facias, Chardon, Geauga Co., OH
12 Aug. 1842. Not extant.
 
23 February 1844 Venditioni Exponas, Chardon, Geauga Co., OH
23 Feb. 1844. Not extant.
 
23 February 1844 Pluries Fieri Facias, Chardon, Geauga Co., OH
23 Feb. 1844. Not extant.
 
15 January 1847 Alias Venditioni Exponas, Chardon, Geauga Co., OH
15 Jan. 1847. Not extant.
Kelley v. Rigdon, Smith & Cowdery
Geauga Co., Ohio, Court of Common Pleas, 6 June 1837
 
Historical Introduction
In mid-June 1836, the , Ohio, firms of and sent agents to , New York, to purchase wholesale goods. From 12 to 18 June, the firms collectively purchased over $14,000 worth of goods on credit. On 18 June, Cahoon, Carter & Co. purchased goods from merchant Daniel Ketchum amounting to $2,014.74, apparently paid for by Rigdon, Smith & Cowdery, since that same day Cahoon, Carter & Co. gave a promissory note for the exact amount to Rigdon, Smith & Cowdery. The firm of Rigdon, Smith & Cowdery then transferred the note received from Cahoon, Carter & Co. to Buffalo merchant John Ayer, who in turn signed it over to Hezekiah Kelley, another merchant.
In 1837, a financial panic created a national economic downturn, which in turn affected the economy. The Kirtland mercantile firms found themselves unable to pay their sizable debts, resulting in several legal actions against them that year. The case featured here, brought by Kelley, was one of these proceedings. After the note now in Kelley’s possession became due and payment was not made, and , acting as Kelley’s attorneys, commenced two separate legal actions to collect on the note. One action was brought against , as the originator of the promissory note, and a separate suit against , as endorser of the note.
On 25 March 1837, JS and were arrested and brought before the Court of Common Pleas, but was absent from and could not be found to stand trial. This same day, special bail for $6,000 was entered in behalf of the men. The case was tried on 6 June 1837, with the court ruling that , having endorsed the note, was liable for the debt. Kelley prevailed in this action as well as his suit against ; each firm was assessed $2,083.47 in damages, plus court costs. Efforts to collect the debt continued until after the death of JS.
 
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.
 
18 June 1836 Cahoon, Carter & Co., Promissory Note, Kirtland, Geauga Co., OH, to Rigdon, Smith, & Cowdery
18 June 1836. Not extant.
 
Kelley v. Rigdon, Smith & Cowdery, Geauga Co., OH, Court of Common Pleas
 
22 March 1837 David D. Aiken, Writ of Capias ad Respondendum, to Geauga Co. Sheriff, for Sidney Rigdon and Others, Chardon, Geauga Co., OH
22 Mar. 1837. Not extant.
Ca. 6 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book U, pp. 97–98, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
25 March 1837 Vinson Knight and Ira Bond, Special Bail, before David D. Aiken, Chardon, Geauga Co., OH
25 Mar. 1837. Not extant.
Ca. 6 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book U, p. 98, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
Ca. 24 April 1837 Perkins & Osborn on behalf of Hezekiah Kelley, Declaration, Geauga Co., OH
Ca. 24 Apr. 1837. Not extant.
Ca. 6 June 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Record Book U, pp. 98–99, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
6 June 1837 Docket Entry, Judgment, Chardon, Geauga Co., OH
6 June 1837; Geauga County Court of Common Pleas, Journal Book N, p. 193, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot and David D. Aiken.
 
Ca. 6 June 1837 Docket Entry, Costs, Chardon, Geauga Co., OH
Ca. 6 June 1837; Geauga County Court of Common Pleas, Execution Docket G, p. 58, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of David D. Aiken, Charles H. Foot, unidentified scribe, John French, and Lorenzo J. Rider.
 
Ca. 6 June 1837 Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 6 June 1837; Geauga County Court of Common Pleas, Record Book U, pp. 97–99, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; possible signature of Van R. Humphrey.
 
19 June 1837 Fieri Facias, Chardon, Geauga Co., OH
19 June 1837. Not extant.
 
23 April 1838 Alias Fieri Facias, Chardon, Geauga Co., OH
23 Apr. 1838. Not extant.
 
18 September 1838 Venditioni Exponas, Chardon, Geauga Co., OH
18 Sept. 1838. Not extant.
 
18 September 1838 Pluries Fieri Facias, Chardon, Geauga Co., OH
18 Sept. 1838. Not extant.
 
10 May 1839 Alias Venditioni Exponas, Chardon, Geauga Co., OH
10 May 1839. Not extant.
 
4 June 1839 Pluries Fieri Facias, Chardon, Geauga Co., OH
4 June 1839. Not extant.
 
25 November 1841 Alias Fieri Facias, Chardon, Geauga Co., OH
25 Nov. 1841. Not extant.
 
12 August 1842 Venditioni Exponas, Chardon, Geauga Co., OH
12 Aug. 1842. Not extant.
 
12 August 1842 Alias Fieri Facias, Chardon, Geauga Co., OH
12 Aug. 1842. Not extant.
 
23 February 1844 Venditioni Exponas, Chardon, Geauga Co., OH
23 Feb. 1844. Not extant.
 
23 February 1844 Pluries Fieri Facias, Chardon, Geauga Co., OH
23 Feb. 1844. Not extant.
 
15 January 1847 Alias Venditioni Exponas, Chardon, Geauga Co., OH
15 Jan. 1847. Not extant.