Declaration, circa 10 July 1837 [JS for the use of J. Hitchcock and J. R. Hitchcock v. Cheney]

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The State of Ohio)
ss. [scilicet])
In the Court of Common Pleas, after the June term AD 1837— Joseph Smith Jr. for the use of & complains of in a plea of for that whereas the said on the twenty first day of September AD 1836 at in said made his promissory note in writing, and delivering delivered the same to the plaintiff and thereby promised to pay the plaintiff two hundred dollars & thirty nine cents with use on demand for value received and the said in consideration of the premises promised to pay the amount of the said note to the said according to the tenor and effect thereof, and also for that whereas the said defendant heretofore to wit, on the twenty second day of September AD 1836 at in said county of and State of was indebted to said plaintiff in the sum of four hundred dollars for the work, labour, care, diligence and attention of him the said plaintiff by him the said plaintiff before that time done performed and bestowed in and about the business of [p. 275] said and for the said and at his special instance and request: And also in the further sum of four hundred dollars for divers goods wares and merchandize and other personal property before them by said plaintiff sold and delivered to said and at the like special instance and request of said ; And also in the further sum of four hundred dollars for so much money before them by said plaintiff lent and advanced to, and paid, laid out and expended for said and at his like special instance and request: And also in the further sum of four hundred dollars for other moneys before them by said had and received to and for the use of said plaintiff: And being so indebted [t]he said in consideration thereof afterwards to wit, on the same day and year last aforesaid to wit, at aforesaid undertook and then and there faithfully promised the said plaintiff to pay him the said several sums of money in this count mentioned when he the said should be thereunto afterwards requested: And whereas also afterwards to wit, on the twenty second day of September AD 1836 at in said the said accounted with the said plaintiff of and concerning divers other sums of money for the said to the said plaintiff before that time due and owing and there in arrear and unpaid and upon such accounting the said was then and there found to be in arrear and indebted to the said plaintiff in the further sum of four hundred dollars; and being so found in arrear and indebted he the said in consideration thereof afterwards to wit, on the same day and year last aforesaid to wit, at aforesaid undertook and then and there faithfully promised the said plaintiff to pay him the said further sum of four hundred dollars in this count mentioned when he the said should be thereunto afterwards requested: Yet the said his said several promises and undertakings in no wise regarding but contriving &c has not as yet paid the several sums of money in this declaration mentioned or any or either of them or any part thereof to the said plaintiff (although often requested &c.) But the said to pay the said plaintiff the same has hitherto wholly neglected and refused and still do neglect and refuse, to the damage of the said plaintiff of three hundred dollars and therefore he sues &c.
Attorney for Plaintiff. [p. 276]