Declaration, circa 4 December 1837 [L. Holmes and C. Holmes v. JS and Cahoon]

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The State of Ohio)
ss. [scilicet])
In the Court of Common Pleas, after October Term AD 1837 Lory Holmes and Charles Holmes complain of Joseph Smith Jr. and in a plea of assumpsit for that whereas the said defendants on the fifth day of October AD 1836. at in said made their promissory note in writing and delivered the same to the plaintiffs and thereby jointly and severally promised to pay the plaintiffs or order five thousand dollars with use for value received on the first day of May AD. 1837 which period has now elapsed and the said defendants in consideration of the premises then and there promised to pay the amount of the said note to the said plaintiffs according to the tenor and effect thereof: And also for that whereas the said defendants heretofore to wit, on the first day of October AD 1836 at in said in said made their certain other promissory note in writing and delivered the same to the said plaintiffs and thereby jointly and severally promised to pay the said plaintiffs or order five thousand dollars with use for value received on the first day of September AD 1837 which period has now elapsed and the said defendants in consideration of the premises last aforesaid then and there promised to pay the amount of the said last mentioned note to the said plaintiffs according to the tenor and effect thereof: And also for that whereas the said defendants on the fifteenth day of October AD 1836 at aforesaid in the aforesaid made their certain other promissory note in writing and delivered the same to the said plaintiffs and thereby jointly and severally promised to pay the plaintiffs or bearer two hundred dollars on or before the first day of May AD 1837 with interest for value received with interest, which period has now elapsed and the said defendants in consideration of the premises last aforesaid then and there promised to pay the amount of the said last mentioned note to the said plaintiffs according to the tenor and effect thereof: And also for that whereas the said defendants heretofore to wit on the first day of September AD 1837 at in said County of and State of were indebted to said plaintiffs in the sum of ten thousand dollars for the work labour care diligence and attention of them the said plaintiffs by them the said plaintiffs before that time done performed and bestowed in and about the business of said defendants and for the said defendants and at their special instance and request: And also in the further sum of ten thousand dollars for divers goods wares and merchandize and other personal property before them by said plaintiffs sold and delivered to said defendants and at the like special instance and request of said defendant: And also in the further sum of ten thousand dollars [p. 64] for so much money before then by said plaintiffs lent and advanced to and paid laid out and expended for said defendants and at their like special instance and request: And also in the further sum of ten thousand dollars for other moneys before then by said defendants had and received to and for the use of said plaintiffs: And being so indebted they said defendants in consideration thereof afterwards to wit, on the same day and year last aforesaid at aforesaid, undertook and then and there faithfully promised the said plaintiffs to pay them the said several sums of money in this count mentioned when they the said defendants should be there unto afterwards requested: And whereas also afterwards to wit, on the first day of September AD 1837 at in said the said defendants accounted with the said plaintiffs of and concerning divers other sums of money for the said defendants to the said plaintiffs before that time due and owing and there in arrear and unpaid and upon such accounting the said defendants were then and there found to be in arrear and indebted to the said plaintiffs in the further sum of ten thousand dollars: And being so found in arrear and indebted they the said defendants in consideration thereof afterwards to wit on the same day and year last aforesaid at aforesaid undertook and then and there faithfully promised the said plaintiffs to pay them the said further sum of ten thousand dollars in this count mentioned when they the said defendants should be thereunto afterwards requested: Yet the said defendants their said several promises and undertakings in nowise regarding, but contriving &c. have 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 plaintiffs, (although often requested &c.) but the said defendants to pay the said plaintiffs the same have hitherto wholly neglected and refused and still do neglect and refuse, To the damage of said plaintiffs of fifteen thousand dollars and therefore they sue &c. Hitchcock & Wilder Attorneys for Plaintiff. [p. 65]