Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. JS]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas within and for the County of in the State of Ohio on the third day of April in the year of our Lord one thousand eight hundred and thirty eight.
Be it remembered, that heretofore to wit, at the October Term of said Court in the year of our Lord one thousand eight hundred and thirty seven, & by G[eorge] W. Lynde their Attorney sued out of the office of the Clerk of said Court a writ of summons against Joseph Smith Junior, in the words and figures following to wit:—
“The State of Ohio)
ss. [scilicet])
seal To the Sheriff of said . . . Greeting:— We command you that you summon Joseph Smith Junior to appear forthwith before our Court of Common Pleas for said now sitting at the Court House in to answer unto and in a plea of assumpsit, to their damage one thousand & two hundred dollars as is said. Herein fail not but of this writ and your service make due return. Witness Clerk of said Court at this 26th day of October A.D. 1837. C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brot on a joint & several note of hand dated April 13. 1837, given by , Joseph Smith Jr. , and , to or order payable at the Commercial Bank of Lake Erie at with interest five months from date and by the said endorsed to the pl[ainti]ffs. Also for goods sold and delivered money had & received &c. Amount appearing due $851.73, damages $1200— Oct. 28. 1838 1837.” The foregoing writ was forthwith returned into Court by the sheriff of our said endorsed as follows to wit:— “The State of Ohio, ss. [scilicet] I have executed the command of this writ by leaving a true copy of the same with the of J. Smith Jr. he being absent. Dep. Shff.” And thereupon it was ordered by the Court that this cause be continued until the next term of said court. Afterwards to wit, on the thirtieth day of November in the year last aforesaid the plaintiffs by their said Attorney filed in the Clerks office aforesaid, their declaration in the words & figures following to wit:—
“State of Ohio)
ss. [scilicet])
&) Action of Assumpsit
)
vs)
Joseph Smith Junr.)
Court of Common Pleas, Vacation after October Term A.D. 1837— The said & plaintiffs in this suit by George W. Lynde their Attorney complain of Joseph Smith Junior defendant in this suit in Court of a plea of assumpsit, For that whereas heretofore the said defendant and , , and on the thirteenth day of April AD 1837 at in said County of Geauga and State aforesaid made their certain promissory note in writing and delivered the same to one and thereby the said defendant and , , and promised to pay the said in the following manner, five months after date we or either of us promise to pay or order eight hundred & twenty five dollars at the Commercial Bank of Lake Erie at with interest from date value received (meaning for value received) which period has now elapsed and the said then and there endorsed the said note and delivered the same to the said plaintiffs, Whereof the said defendant then and there had notice, and then and there in consideration of the premises promised to pay the amount of the said note and the interest on the same to the said plaintiffs according to the tenor and effect thereof— Yet the said defendant (although often requested so to do) has not paid the said sum of money to the said plaintiffs, neither have the said , , and nor any or either of them have paid the said sum of money mentioned in said note or any part thereof to said plaintiffs, but the said defendant and the said , , , <​and​> have hitherto wholly neglected and refused so to do: And also for that whereas the said defendant heretofore to wit, on the first day of September AD 1837 at in said County of Geauga and State of Ohio was [p. 512]
indebted to said plaintiffs in the sum of twelve 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 said defendant and for the said defendant and at his special instance and request; And also in the further sum of twelve hundred dollars for divers goods wares and merchandize and other personal property before then by said plaintiffs sold and delivered to said defendant and at the like special instance and request of said defendant: And also in the further sum of twelve hundred dollars for so much money before then by said plaintiffs lent and advanced to, and paid laid out and expended for said defendant and at his like special instance and request: And also in the further sum of twelve hundred dollars for other moneys before then by said defendant had and received to and for the use of said plaintiffs: And being so indebted he said defendant 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 he the said defendant should be thereunto afterwards requested: And whereas also afterwards to wit, on the first day of October AD 1837 at in said Geauga County the said defendant 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 defendant was then and there found to be in arrear and indebted to said plaintiffs in the further sum of twelve hundred dollars, and being so found in arrear and indebted he the said defendant in consideration thereof afterwards to wit, one [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 twelve hundred dollars in this count mentioned when he the said defendant should be thereunto afterwards requested. Yet the said defendant his said several promises and undertakings in no wise regarding but contriving &c. have not as yet paid the said several sums of money in this declaration mentioned or any or either of them or any part thereof to the said plaintiffs (although often requested &c.) But the said defendant to pay the said plaintiffs the same have hitherto wholly neglected and refused and still does neglect and refuse, To the damage of the said plaintiff of twelve hundred dollars and therefore they sue &c.
G. W. Lynde Atty for Plaintiffs.”
And now at this term of said Court that is to say at the term thereof first aforesaid come the said plaintiffs and the defendant being three times demanded to come into Court and defend this suit comes not but makes default. It is therefore considered by the Court that the plaintiffs recover against the defendant their damages by the Court here assessed to the sum of of eight hundred & eighty one dollars and fifteen cents, and also their costs and charges by them in and about the prosecuting of this suit in that behalf expended taxed at nine dollars and seventy one cents; And it is ordered by the Court that the defendant pay the costs and charges by him made in and about the defending of this suit taxed at one dollar and forty nine cents, and in default thereof that execution issue to collect the same.
Prt [p. 513]

Footnotes

  1. 1

    TEXT: “seal” enclosed in a hand-drawn representation of a seal. It is to the right of the left margin, and to the left of "unto Ray Boynton . . .".  

  2. 2

    This is actually John W. Howden.  

  3. 3

    TEXT: Possibly “there of”.  

  4. new scribe logo

    Signature presumably of Van R. Humphrey.