Transcript of Proceedings, circa 8 November 1838 [JS for the use of J. Granger v. Smalling and Coltrin]

  • Source Note
  • Historical Introduction
Page 502
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the use of complains of (the Sheriff of said having returned not found as to against whom process in this cause was also issued) in a plea of the case for that whereas the said & on the thirtieth day of September AD 1836 at in the County of Geauga made their promissory note in writing and delivered the same to the said Joseph Smith Jr and thereby promised to pay to the said Joseph Smith Jr. five hundred dollars on demand with interest which period has now elapsed and the said defendant and then & there in consideration of the premises promised to pay the amount of said note to the said Joseph Smith Jr according to the tenor and effect thereof And also for that whereas the said and on the thirtieth day of September AD eighteen hundred & thirty six at aforesaid were indebted to the said Joseph Smith Jr in the sum of one thousand dollars for the price and value of goods then and there bargained and sold by the plaintiff to the defendant and the said at their request: And in the sum of one thousand dollars for the price and value of goods then and there sold and delivered by the plaintiff to the defendant and the said at their request: And in the sum of one thousand dollars for money then and there lent by the plaintiffs to the defendant and the said at their request: And in the sum of one thousand dollars for money then and there paid by the plaintiff for the use of the defendant and the said at their request: And in the sum of one thousand dollars for money then and there received by the defendant and the said for the use of the plff: And in the sum of one thousand dollars for money found to be due from the defendant and the said to the plaintiff on an account then and there stated between them: And whereas the defendant and afterwards on the thirtieth day of September AD 1836 in consideration of the premises then and there promised to pay the said several sums of money to the plaintiff on request: Yet they have disregarded their promises and have not nor have either of them paid the said several sums of money nor either nor any of them nor any part thereof; to the damage of the plaintiff one thousand dollars and thereupon he brings suit &c.
Perkins & Osborn Plffs. Attys.
Afterwards to wit at the June Term of said Court in the year aforesaid it was ordered by the Court that the defendant have leave to amend his plea and that this cause be continued until the next term of said Court. Afterwards to wit on the sixth day of August in the year aforesaid the defendant filed in the Clerks office aforesaid his plea and notice in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
Court of Common Pleas November Term A.D. 1838.
& )
ads)
Joseph Smith Jr. for )
Plea and notice in assumpsit. In Assumpsit. And now comes the said defendant by J[ames] H. Paine his Attorney and [p. 502]
the use of complains of (the Sheriff of said having returned not found as to against whom process in this cause was also issued) in a plea of the case for that whereas the said & on the thirtieth day of September AD 1836 at in the County of Geauga made their promissory note in writing and delivered the same to the said Joseph Smith Jr and thereby promised to pay to the said Joseph Smith Jr. five hundred dollars on demand with interest which period has now elapsed and the said defendant and then & there in consideration of the premises promised to pay the amount of said note to the said Joseph Smith Jr according to the tenor and effect thereof And also for that whereas the said and on the thirtieth day of September AD eighteen hundred & thirty six at aforesaid were indebted to the said Joseph Smith Jr in the sum of one thousand dollars for the price and value of goods then and there bargained and sold by the plaintiff to the defendant and the said at their request: And in the sum of one thousand dollars for the price and value of goods then and there sold and delivered by the plaintiff to the defendant and the said at their request: And in the sum of one thousand dollars for money then and there lent by the plaintiff to the defendant and the said at their request: And in the sum of one thousand dollars for money then and there paid by the plaintiff for the use of the defendant and the said at their request: And in the sum of one thousand dollars for money then and there received by the defendant and the said for the use of the plff: And in the sum of one thousand dollars for money found to be due from the defendant and the said to the plaintiff on an account then and there stated between them: And whereas the defendant and afterwards on the thirtieth day of September AD 1836 in consideration of the premises then and there promised to pay the said several sums of money to the plaintiff on request: Yet they have disregarded their promises and have not nor have either of them paid the said several sums of money nor either nor any of them nor any part thereof; to the damage of the plaintiff one thousand dollars and thereupon he brings suit &c.
Perkins & Osborn Plffs. Attys.”
Afterwards to wit at the June Term of said Court in the year aforesaid it was ordered by the Court that the defendant have leave to amend his plea and that this cause be continued until the next term of said Court. Afterwards to wit on the sixth day of August in the year aforesaid the defendant filed in the Clerks office aforesaid his plea and notice in the words and figures following to wit:—
“The State of Ohio)
ss. scilicet)
Court of Common Pleas November Term A.D. 1838.
& )
ads)
Joseph Smith Jr. for )
Plea and notice in assumpsit. In Assumpsit. And now comes the said defendant by James H. Paine his Attorney and [p. 502]
Page 502