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Introduction to Newbould v. Rigdon, Smith & Cowdery

Newbould v. Rigdon, Smith & Cowdery
Geauga Co., Ohio, Court of Common Pleas, 24 October 1837
Historical Introduction
 
On 20 April 1837, merchant initiated legal proceedings in the , Ohio, Court of Common Pleas against the firm of to collect payment on an overdue promissory note. —acting on behalf of the firm—had purchased hardware, tools, and various household items totaling $264.54 from Newbould on 17 June 1836, giving the hardware merchant a promissory note that was payable in six months. After the note became due and payment was not made, Newbould engaged the services of lawyers and , whose firm, Perkins & Osborn, commenced the suit against Rigdon, Smith & Cowdery. On 20 April 1837, the Geauga County Court of Common Pleas issued a writ of , leading to the arrest of , JS, and Oliver Cowdery on 25 April 1837; they were released on bail the same day. On 5 June, and Hiram Corey entered special bail at the court on JS’s behalf, meaning they would be held liable for court costs and the debt claimed by Newbould if judgment was rendered in favor of the plaintiff. In July, Perkins & Osborn filed a declaration on Newbould’s behalf claiming $400 in damages.
The following September, Perkins & Osborn reached an agreement to consolidate and renegotiate the unpaid debts of with four firms, including ’s. This likely explains why the parties came to a “mutual agreement” to discontinue the suit at the October 1837 term of the court. The Court of Common Pleas assessed court costs to the defendants and in November issued a that was returned unsatisfied “for want of property.” A second fieri facias was issued in April 1838, wherein properties of the defendants were levied to pay costs for the Newbould case and the judgment for Kelley v. Rigdon, Smith & Cowdery, but the properties “were not sold for want of time.”
Church agent continued efforts to pay the debts in 1839. The consolidated debt was listed in JS’s 1842 bankruptcy application, but a decision was not rendered on his petition for bankruptcy before his death in 1844. Though several New York firms submitted and were allowed claims against the estate of JS, Newbould’s was not among them.
 
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.
Newbould v. Rigdon, Smith & Cowdery
Geauga Co., Ohio, Court of Common Pleas, 24 October 1837
Historical Introduction
 
On 20 April 1837, merchant initiated legal proceedings in the , Ohio, Court of Common Pleas against the firm of to collect payment on an overdue promissory note. —acting on behalf of the firm—had purchased hardware, tools, and various household items totaling $264.54 from Newbould on 17 June 1836, giving the hardware merchant a promissory note that was payable in six months. After the note became due and payment was not made, Newbould engaged the services of lawyers and , whose firm, Perkins & Osborn, commenced the suit against Rigdon, Smith & Cowdery. On 20 April 1837, the Geauga County Court of Common Pleas issued a writ of , leading to the arrest of , JS, and Oliver Cowdery on 25 April 1837; they were released on bail the same day. On 5 June, and Hiram Corey entered special bail at the court on JS’s behalf, meaning they would be held liable for court costs and the debt claimed by Newbould if judgment was rendered in favor of the plaintiff. In July, Perkins & Osborn filed a declaration on Newbould’s behalf claiming $400 in damages.
The following September, Perkins & Osborn reached an agreement to consolidate and renegotiate the unpaid debts of with four firms, including ’s. This likely explains why the parties came to a “mutual agreement” to discontinue the suit at the October 1837 term of the court. The Court of Common Pleas assessed court costs to the defendants and in November issued a that was returned unsatisfied “for want of property.” A second fieri facias was issued in April 1838, wherein properties of the defendants were levied to pay costs for the Newbould case and the judgment for Kelley v. Rigdon, Smith & Cowdery, but the properties “were not sold for want of time.”
Church agent continued efforts to pay the debts in 1839. The consolidated debt was listed in JS’s 1842 bankruptcy application, but a decision was not rendered on his petition for bankruptcy before his death in 1844. Though several New York firms submitted and were allowed claims against the estate of JS, Newbould’s was not among them.
 
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.
 
 
Geauga Co., Ohio, Court of Common Pleas