Declaration, circa 17 December 1838 [Halsted, Haines & Co. v. O. Granger et al.]
Perkins & Osborn on behalf of Halsted, Haines & Co., Declaration, , OH, [ca. 17 Dec. 1838], Halsted, Haines & Co. v. O. Granger et al. (Geauga Co., OH, Court of Common Pleas 1839). Copied [ca. 16 Apr. 1839] in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. W, pp. 385–386; unidentified handwriting; Geauga County Archives and Records Center, Chardon, OH.
in in said for value received twenty two hundred and fifty one dollars & seventy seven cents twelve months from the date thereof which period is now past whereby the said defendants became liable to pay to the said plaintiffs the said sum of money in said note specefied, according to the tenor and effect, true intent and meaning of said note; and being so liable, they the said defendants in consideration thereof, afterwards, to wit, on the day and year abovesaid, at the place and within the aforesaid, assumed upon themselves and then and there faithfully promised the said plaintiffs to pay them the said sum of money, in said note mentioned, according to the tenor and effect of the same note. And also, for that, whereas the said defendants on the fourth day of Sept in the year 1838 at in the County of aforesaid were indebted to the said plaintiffs in the sum of Three thousand dollars for the work and labor, care and diligence of 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 Three thousand dollars for divers goods, wares, and merchandize by the said plaintiffs before that time sold and delivered to the said defendants and at their like special instance and request; and also in the further sum of three thousand dollars, for money by the said plaintiffs before that time lent and advanced to, and paid, laid out, and expended for the said defendants, and at their like special instance and request; and also in the further sum of three thousand dollars for other money by the said defendants before that time had and received to and for the use of the said plaintiffs; and being so indebted they the said defendants in consideration thereof, afterwards to wit, on the same day and year last above said, at the place and within the 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. Nevertheless the said defendants their said several promises not regarding have not yet paid the said several sums of money or any part thereof to the said plaintiffs, although often requested so to do, but the same to them to pay have hitherto wholly neglected and refused and still do neglect and refuse, to the damage of the said plaintiffs of three thousand dollars, and therefore they bring their suit, &c.
Perkins & Osborn Attorneys for Plaintiffs [p. 386]