Declaration, circa 29 April 1837 [Patterson and Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]

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State of Ohio)
ss.)
Court of Common Pleas, vacation after March Term A.D. 1837.
, , , Joseph Smith Jr. and , (the Sheriff having returned “not found as to ” against whom process in this case also issued) were summoned to answer unto and in a plea of Assumpsit, whereupon the said plaintiffs by Payne & Wil[l]son their Att[orney]ys. complain of the defendants, for that whereas on the fourteenth day of December in the year one thousand eight hundred and thirty six to wit, at [p. 126] in said , the said , and , were partners and traders under the name & firm of and the said , Joseph Smith Jnr. and were partners and traders under the name and firm of ; and the defendants being partners as aforesaid, on the day and year aforesaid, viz: at aforesaid, made their promissory note in writing and delivered the same to and partners and traders under the name & style of Gardner & Patterson, and thereby then and there promised, the said , and , by their said name of “Cahoon, Carter & Co.” and the said , Joseph and by their said partnership name of Rigdon, Smith & Cowdery, to pay jointly and severally to the order of the said Gardner & Patterson, of , at the Painesville, Ohio, five hundred and ninty six 46/100 dollars for value received, one month after the date thereof, which period has now elapsed, and the said and by their said partnership name, then and there endorsed the same to the plaintiffs, whereof the said defendants then and there had notice, and then and there in consideration of the premises, promised to pay the amount of the said note to the said pl[ainti]ffs. according to the tenor and effect thereof; and also for that whereas the said defendants heretofore to wit, on the first day of March A.D. 1837, at in said County of , and State of , were indebted to said plaintiffs in the sum of eight hundred dollars for the work, labour, care, diligence and attention of them the said plaintiffs, by them the said plaintiffs before that time done, performed and bestowed in and about the business of the said defendants <​and for the said defendants​> and at their special instance and request; And also in the further sum of eight hundred dollars, for divers goods, wares and merchandize, and other personal property before then by said plaintiffs sold and delivered to said defendants and at the like special instance and request of said defendants; And also in the further sum of eight hundred dollars for so much money before then by said plaintiffs lent and advanced to, and paid, laid out and expended for said defendants and at their like special instance and request; And also in the further sum of eight hundred dollars for other monies before then by said defendants had and received to and for the use of said plaintiffs: And being so indebted they said defendants, in consideration thereof, afterwards to wit, on the same day and year last aforesaid, at aforesaid, undertook and then and there faithfully promised the said plaintiffs to pay them the said several sums of money in this count mentioned, when they the said defendants should be thereunto afterwards requested; And whereas also afterwards to wit, on the said first day of March A.D. 1837 at in said , the said defendants accounted with the said plaintiffs of and concerning divers other sums of money, for the said defendants to the said plaintiffs before that time due and owing, and then in arrear and unpaid, and upon such accounting the said defendants were then and there found to be in arrear and indebted to said plaintiffs in the further sum of eight hundred dollars; and being so found in arrear and indebted, they the said defendants in consideration thereof afterwards to wit, on the same day and year last aforesaid at aforesaid, undertook and then and there faithfully promised the said plaintiffs to pay them the said further sum of eight hundred dollars in this count mentioned, when they the said defendants should be thereunto afterwards requested. Yet the said defendants their said several promises and undertakings in no wise regarding, but continuing, &c. have not as yet paid the said several sums of money in this declaration mentioned, [p. 127] or any, or either of them, or any part thereof, to the said plaintiffs (although often requested, &c.:) but the said defendants to pay the said plaintiffs, the same have hitherto wholly neglected and refused, and still do neglect and refuse. To the damage of the said plaintiffs of one thousand dollars, and therefore they sue, &c.
Payne & Willson, Attorneys for Plaintiffs [p. 128]