Transcript of Proceedings, circa 8 November 1838 [JS for the use of J. Granger v. Smalling and Coltrin]

  • Source Note
  • Historical Introduction
Page 503
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defends the wrong and injury when &c. and says that he did not assume and promise in manner and form as the said plaintiff has thereof in his said declaration complained against him and of this he puts himself on the country &c.
Attorney for Defendant.
The plaintiff in the above entitled cause will take notice;— That the said defendant on the trial of this cause will give in evidence and insist upon in bar of the plaintiff’s right of recovery that at and before the commencement of this suit the said plaintiff was and still is indebted to said defendant in the sum of two thousand dollars for the work and labour care diligence and attention of them the said defendants by them the said defendants before the commencement of this suit done performed and bestowed in and about the business of said plaintiff and for said plaintiff and at the special instance and request of said plaintiff: And also in the further sum of two thousand dollars for divers goods wares and merchandize and other personal property by said defendant before then sold and delivered to said plaintiff and at said plaintiffs like special instance and request: And also in the further sum of two thousand dollars for so much money before then by said defendant lent and advanced to and paid laid out and expended for said plaintiff at his like special instance and request: And also in the further sum of two thousand dollars for other monies before then by said plaintiff had and received to and for the use of said defendant.
Which said sums or so much thereof as may be necessary for that purpose the said defendant will have set off against any sums that the said plaintiff may prove against them on the trial of said cause and have a judgment in favour of the said defendant for the balance: And also the said & will prove on said trial that the said Smith at and before the commencement of this suit was and still is indebted to them the defendants in the sum of fifteen hundred dollars for that amount of notes then and now held by the said defendants, which notes were unauthorized Bank Paper and put in circulation by the said Joseph Smith &c.
for Defendants.”
And now at this Term of said Court that is to say at the Term thereof first aforesaid come the said parties and thereupon come a Jury to wit: Joseph Fuller Junior Nathaniel Moore Henry H. Ford William C Stanard Nathan P. Goodell William Phillips Dexter Otis Thomas Clapp Gurdon W. Huntington Collins Morse William C. Mathews and John H Wooden who being duly empannelled and sworn well and truly to try the issue joined between the parties and a true verdict to give, upon their said oaths do say that the defendant did not assume and promise in manner and form as the plaintiff hath declared against him. It is therefore considered by the Court that the defendant recover against the plaintiff his costs and charges by him in and about the defending of this suit in that behalf expended taxed [p. 503]
defends the wrong and injury when &c. and says that he did not assume and promise in manner and form as the said plaintiff has thereof in his said declaration complained against him and of this he puts himself on the country &c.
Attorney for Defendant.
The plaintiff in the above entitled cause will take notice;— That the said defendant on the trial of this cause will give in evidence and insist upon in bar of the plaintiff’s right of recovery that at and before the commencement of this suit the said plaintiff was and still is indebted to said defendant in the sum of two thousand dollars for the work and labour care diligence and attention of them the said defendants by them the said defendants before the commencement of this suit done performed and bestowed in and about the business of said plaintiff and for said plaintiff and at the special instance and request of said plaintiff: And also in the further sum of two thousand dollars for divers goods wares and merchandize and other personal property by said defendant before then sold and delivered to said plaintiff and at said plaintiffs like special instance and request: And also in the further sum of two thousand dollars for so much money before then by said defendant lent and advanced to and paid laid out and expended for said plaintiff at his like special instance and request: And also in the further sum of two thousand dollars for other monies before then by said plaintiff had and received to and for the use of said defendant.
Which said sums or so much thereof as may be necessary for that purpose the said defendant will have set off against any sums that the said plaintiff may prove against them on the trial of said cause and have a judgment in favour of the said defendant for the balance: And also the said & will prove on said trial that the said Smith at and before the commencement of this suit was and still is indebted to them the defendants in the sum of fifteen hundred dollars for that amount of notes then and now held by the said defendants, which notes were unauthorized Bank Paper and put in circulation by the said Joseph Smith &c.
for Defendants.”
And now at this Term of said Court that is to say at the Term thereof first aforesaid come the said parties and thereupon come a Jury to wit: Joseph Fuller Junior Nathaniel Moore Henry H. Ford William C Stanard Nathan P. Goodell William Phillips Dexter Otis Thomas Clapp Gurdon W. Huntington Collins Morse William C. Mathews and John H Wooden who being duly empannelled and sworn well and truly to try the issue joined between the parties and a true verdict to give, upon their said oaths do say that the defendant did not assume and promise in manner and form as the plaintiff hath declared against him. It is therefore considered by the Court that the defendant recover against the plaintiff his costs and charges by him in and about the defending of this suit in that behalf expended taxed [p. 503]
Page 503