Declaration, circa 30 November 1837 [Boynton and Hyde v. JS]

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  • Historical Introduction
Page 513
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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. [p. 513]
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. [p. 513]
Page 513