Transcript of Proceedings, circa 3 April 1838 [Stannard v. Young and JS]

  • Source Note
  • Historical Introduction
Page 586
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and thereby promised to pay the said plaintiff two hundred and thirty five dollars and fifty cents to be paid when the first annual payment on a land contract between the plaintiff on the One part and the defendants and one of the other part Should become due (which was on the third day of October AD 1837) which period has now elapsed and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said Claudius Stannard according to the tenor and effect thereof.— Also for that whereas the said defendants on the eleventh day of October AD 1836. at in said made their certain other promissary note an <​in​> writing and delivered the same to the said plaintiff and thereby promised to pay to the said plaintiff two hundred and thirty five dollars and fifty cents which was to be cancelled on the first annual payment in 1837 (meaning that said note should be paid when the first annual payment on a land contract dated the third day of October AD 1836. Should become due which was on the third day of October AD 1837) which first annual payment in 1837 has become due the said period having elapsed and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said plaintiff according to the tenor and effect thereof Yet the said defendants have disregarded there promises and have not paid the said sum of money or any part thereof to the damage of the plaintiff five hundred dollars and therefore he brings suit &c.” By his Att[orne]y—
And now at this term of said Court that is to say at the term thereof first aforesaid comes the said plaintiff and the defendants being three times demanded to come into Court and defend this suit come not but make default— It is therefore considered by the Court that the plaintiff recover against the defendants his damages by the Court here assessed to the sum of two hundred fifty six dollars and forty cents— And also the <​his​> costs and charges in and about the prosecution of this suit in that behalf expended taxed at nine dollars and eight three cents— And it is ordered by the Court that the defendants pay the costs and charged <​by him made​> in and about the defending of this suit by him made taxed at sixty one cents— And in default thereof that execution issue to collect the same—
Prst. [p. 586]
and thereby promised to pay the said plaintiff two hundred and thirty five dollars and fifty cents to be paid when the first annual payment on a land contract between the plaintiff on the One part and the defendants and one of the other part Should become due (which was on the third day of October AD 1837) which period has now elapsed and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said Claudius Stannard according to the tenor and effect thereof.— Also for that whereas the said defendants on the eleventh day of October AD 1836. at in said made their certain other promissary note in writing and delivered the same to the said plaintiff and thereby promised to pay to the said plaintiff two hundred and thirty five dollars and fifty cents which was to be cancelled on the first annual payment in 1837 (meaning that said note should be paid when the first annual payment on a land contract dated the third day of October AD 1836. Should become due which was on the third day of October AD 1837) which first annual payment in 1837 has become due the said period having elapsed and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said plaintiff according to the tenor and effect thereof Yet the said defendants have disregarded there promises and have not paid the said sum of money or any part thereof to the damage of the plaintiff five hundred dollars and therefore he brings suit &c.” By his Attorney—
And now at this term of said Court that is to say at the term thereof first aforesaid comes the said plaintiff and the defendants being three times demanded to come into Court and defend this suit come not but make default— It is therefore considered by the Court that the plaintiff recover against the defendants his damages by the Court here assessed to the sum of two hundred fifty six dollars and forty cents— And also his costs and charges in and about the prosecution of this suit in that behalf expended taxed at nine dollars and eight three cents— And it is ordered by the Court that the defendants pay the costs and charged by him made in and about the defending of this suit taxed at sixty one cents— And in default thereof that execution issue to collect the same—
Prst. [p. 586]
Page 586