Transcript of Proceedings, circa 25 October 1837 [Rounds qui tam v. JS]

  • Source Note
  • Historical Introduction
Page 364
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upon the pleadings; and the Pl[ainti]ff in order to maintain his suit introduced witnesses and offered to prove by them that the “” described in the declaration existed at the time therein stated at in said County; but it appearing that said was organized by written articles of association then in their possession, the def[endan]t by his counsel objected to such proof without first showing notice to said to produce said articles: but the Court overruled said objection and admitted the evidence. The Plff. did not provide any of the bills loaned in Court. The Plff. further offered to prove that before and at the time in the declaration mentioned said “” consisting of sundry individuals, carried on the business of issued issuing paper or bills of the likeness of and similitude of Bank Bills of various denominations which would pass and circulate by delivery of which (among others) produced and offered in evidence and subscribed by the deft.) the following is a copy to wit:
“[Kirtland Safety Society bank note—now missing from docket]”
That said at the same time loaned said paper or bills to sundry indivividuals, that the deft was a director in said “” and that he assisted in issueing and loaning the same; to which the deft by his counsel also objected; but the Court overruled said objection and admitted the evidence, and the Plff. rested.— And thereupon the Deft by his counsel moved the Court to charge the Jury that the statute upon which the suit was founded was not in force, that the loaning of said paper or bills was not a loaning of money money if the statute was in force, and that there was no evidence which would authorize them to return a verdict for the Plff. But the Court charged the Jury that said Statute was in force that a lending of the paper or bills was a lending of money within the statute and that if they found that the deft was a director in said “[”] and assisted in issueing and lending said paper or bills it would constitute him an “officer” within the meaning of the statute, and that for the purpose of coming to a conclusion they might take the whole testimony as well the appearing of the defts ma◊◊ as any other before them for that purpose, and the Judges on motion of the defts counsel have in open Court signed & sealed this Bill of Exceptions.
L.S. Storm Rosa Asst Judge Seal
Daniel Kerr Seal John Hubbard seal”
Prest [p. 364]
upon the pleadings; and the Plaintiff in order to maintain his suit introduced witnesses and offered to prove by them that the “” described in the declaration existed at the time therein stated at in said County; but it appearing that said was organized by written articles of association then in their possession, the defendant by his counsel objected to such proof without first showing notice to said to produce said articles: but the Court overruled said objection and admitted the evidence. The Plff. did not provide any of the bills loaned in Court. The Plff. further offered to prove that before and at the time in the declaration mentioned said “” consisting of sundry individuals, carried on the business of issuing paper or bills of the likeness and similitude of Bank Bills of various denominations which would pass and circulate by delivery of which (among others) produced and offered in evidence and subscribed by the deft.) the following is a copy to wit:
“[Kirtland Safety Society bank note—now missing from docket]”
That said at the same time loaned said paper or bills to sundry indivividuals, that the deft was a director in said “” and that he assisted in issueing and loaning the same; to which the deft by his counsel also objected; but the Court overruled said objection and admitted the evidence, and the Plff. rested.— And thereupon the Deft by his counsel moved the Court to charge the Jury that the statute upon which the suit was founded was not in force, that the loaning of said paper or bills was not a loaning of money money if the statute was in force, and that there was no evidence which would authorize them to return a verdict for the Plff. But the Court charged the Jury that said Statute was in force that a lending of the paper or bills was a lending of money within the statute and that if they found that the deft was a director in said “” and assisted in issueing and lending said paper or bills it would constitute him an “officer” within the meaning of the statute, and that for the purpose of coming to a conclusion they might take the whole testimony as well the appearing of the defts ma as any other before them for that purpose, and the Judges on motion of the defts counsel have in open Court signed & sealed this Bill of Exceptions.
L.S. Storm Rosa Asst Judge Seal
Daniel Kerr Seal John Hubbard seal”
Prest [p. 364]
Page 364