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Introduction to L. Holmes and C. Holmes v. JS and Cahoon

L. Holmes and C. Holmes v. JS and Cahoon
Geauga Co., Ohio, Court of Common Pleas, circa 3 April 1838
 
Historical Introduction
In October 1837, Lory Holmes and his son Charles Holmes began proceedings to reclaim an unpaid debt for a land transaction with JS and . In fall 1836, JS and his associates purchased several pieces of land in the vicinity of , Ohio. These property transactions were meant to provide land for new church members moving to the area and may also have served as collateral for the bank JS and other church leaders were working to establish. On 5 October 1836, JS and Cahoon bought approximately 232 acres from Lory and Charles Holmes. The deed stipulated a purchase price of $12,000 plus interest, to be paid in several installments over the next year. JS and Cahoon made an initial payment of $1,000 and then paid another $1,000 two weeks later. The next installment—$5,000—was due by May 1837, but only $1,001.72 was paid. Lory and Charles Holmes agreed to allow the balance to be paid in September 1837, when a final payment of $5,000 was due. In addition to the deed, JS and Cahoon apparently borrowed $200 from the Holmeses on 15 October 1836, leaving $9,200 due on 1 September 1837.
When JS and failed to make the final payment in October 1837, the plaintiffs filed a plea of assumpsit in the Court of Common Pleas to collect the debt. A copy of a summons was left with in JS’s absence, while Cahoon was personally notified. The plaintiffs by their attorneys and filed their declaration in December, seeking $15,000 in damages, and the case was continued to the next court term. When the matter came to trial in April 1838, neither JS nor Cahoon appeared and the court issued a default judgment, awarding the Holmeses $10,071.48 plus court costs. By September 1838, the judgment had been satisfied in full “by an arrangement between the parties,” and “a paper to that effect” was filed with affiliated case documents. The satisfaction of judgment is not extant.
 
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.
L. Holmes and C. Holmes v. JS and Cahoon
Geauga Co., Ohio, Court of Common Pleas, circa 3 April 1838
 
Historical Introduction
In October 1837, Lory Holmes and his son Charles Holmes began proceedings to reclaim an unpaid debt for a land transaction with JS and . In fall 1836, JS and his associates purchased several pieces of land in the vicinity of , Ohio. These property transactions were meant to provide land for new church members moving to the area and may also have served as collateral for the bank JS and other church leaders were working to establish. On 5 October 1836, JS and Cahoon bought approximately 232 acres from Lory and Charles Holmes. The deed stipulated a purchase price of $12,000 plus interest, to be paid in several installments over the next year. JS and Cahoon made an initial payment of $1,000 and then paid another $1,000 two weeks later. The next installment—$5,000—was due by May 1837, but only $1,001.72 was paid. Lory and Charles Holmes agreed to allow the balance to be paid in September 1837, when a final payment of $5,000 was due. In addition to the deed, JS and Cahoon apparently borrowed $200 from the Holmeses on 15 October 1836, leaving $9,200 due on 1 September 1837.
When JS and failed to make the final payment in October 1837, the plaintiffs filed a plea of assumpsit in the Court of Common Pleas to collect the debt. A copy of a summons was left with in JS’s absence, while Cahoon was personally notified. The plaintiffs by their attorneys and filed their declaration in December, seeking $15,000 in damages, and the case was continued to the next court term. When the matter came to trial in April 1838, neither JS nor Cahoon appeared and the court issued a default judgment, awarding the Holmeses $10,071.48 plus court costs. By September 1838, the judgment had been satisfied in full “by an arrangement between the parties,” and “a paper to that effect” was filed with affiliated case documents. The satisfaction of judgment is not extant.
 
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.
 
  • 1836 (5)
    • October (5)
      5 October 1836

      Lory Holmes and Charles Holmes, Deed for Property in Kirtland Township, Geauga Co., OH, to JS and Reynolds Cahoon

      • 5 Oct. 1836; JS Collection, CHL; printed form with manuscript additions in handwriting of Daniel Kerr; signatures of Lory Holmes, Charles Holmes, JS, and Reynolds Cahoon; witnessed by Daniel Kerr; docket in handwriting of Daniel Kerr; endorsements in handwriting of Charles Holmes; notation in handwriting of Lory Holmes.
      5 October 1836

      JS and Reynolds Cahoon, Promissory Note, Kirtland Township, Geauga Co., OH, to Lory Holmes and Charles Holmes, 5 Oct. 1836–A

      • 5 Oct. 1836; JS Collection, CHL; handwriting of Daniel Kerr; signatures removed.
      5 October 1836

      JS and Reynolds Cahoon, Promissory Note, Kirtland Township, Geauga Co., OH, to Lory Holmes and Charles Holmes, 5 Oct. 1836–B

      5 October 1836

      JS and Reynolds Cahoon, Promissory Note, Kirtland Township, Geauga Co., OH, to Lory Holmes and Charles Holmes, 5 Oct. 1836–C

      15 October 1836

      JS and Reynolds Cahoon, Promissory Note, Kirtland Township, Geauga Co., OH, to Lory Holmes and Charles Holmes

 
Geauga Co., Ohio, Court of Common Pleas