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Introduction to Eaton v. JS and Cowdery

Eaton v. JS and Cowdery
Geauga Co., Ohio, Court of Common Pleas, 27 October 1837
 
Historical Introduction
On 11 October 1836, purchased over $1,100 of merchandise on credit from Winthrop Eaton, a boot and shoe merchant in . This purchase was likely made on behalf of the , Ohio, firm . Eaton received payment by a promissory note, which was payable in six months at the not-yet-established . After the note became due and payment was not made, lawyers Sherlock Andrews and John Foot commenced legal proceedings against JS and Cowdery on behalf of Eaton, entering a plea of assumpsit to collect on the note. JS was arrested and brought before the court on 9 June; Cowdery could not be found. The following day, and entered special bail on JS’s behalf. In July, Andrews and Foot filed Eaton’s declaration, which described in detail the damages sought, and the trial was set for the October 1837 court term.
At the end of September 1837, JS and other church leaders left to visit the Saints in , Missouri. JS was still in Far West when the Court of Common Pleas convened on 27 October. His absence resulted in a default judgment. The court attempted unsuccessfully to collect the judgment and costs in 1838 and again in 1839. Because JS had relocated to in early 1838 and transferred his property in Kirtland to agents, the court was unable to find property in his name to satisfy the debt. However, unlike many other debts to merchants, the obligation to Eaton was not included in JS’s 1842 bankruptcy application, suggesting the debt had been satisfied.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
Eaton v. JS and Cowdery
Geauga Co., Ohio, Court of Common Pleas, 27 October 1837
 
Historical Introduction
On 11 October 1836, purchased over $1,100 of merchandise on credit from Winthrop Eaton, a boot and shoe merchant in . This purchase was likely made on behalf of the , Ohio, firm . Eaton received payment by a promissory note, which was payable in six months at the not-yet-established . After the note became due and payment was not made, lawyers Sherlock Andrews and John Foot commenced legal proceedings against JS and Cowdery on behalf of Eaton, entering a plea of assumpsit to collect on the note. JS was arrested and brought before the court on 9 June; Cowdery could not be found. The following day, and entered special bail on JS’s behalf. In July, Andrews and Foot filed Eaton’s declaration, which described in detail the damages sought, and the trial was set for the October 1837 court term.
At the end of September 1837, JS and other church leaders left to visit the Saints in , Missouri. JS was still in Far West when the Court of Common Pleas convened on 27 October. His absence resulted in a default judgment. The court attempted unsuccessfully to collect the judgment and costs in 1838 and again in 1839. Because JS had relocated to in early 1838 and transferred his property in Kirtland to agents, the court was unable to find property in his name to satisfy the debt. However, unlike many other debts to merchants, the obligation to Eaton was not included in JS’s 1842 bankruptcy application, suggesting the debt had been satisfied.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
 
Eaton v. JS and Cowdery, Geauga Co., Ohio, Court of Common Pleas