Introduction to Russell v. JS et al.

Document Transcript

Russell v. JS, R. Cahoon, E. Smith, T. S. Cahoon, Marks, Boynton, Hyde, Eaton, Kelley, G. Patterson, J. Patterson, Leavitt, Lord, Robinson, Conger, Newbould, Underwood, Bald, Spencer, Hufty, Rounds, Scribner, Babbitt, J. Bump, A. P. Bump, Martindale, Quinn, Branch, Cuyahoga Steam Furnace Company, and Hilliard
Lake Co., Ohio, Court of Common Pleas, in , 18 March 1844
 
Historical Introduction
On 20 June 1843, filed a with the Lake County, Ohio, Court of Common Pleas to reclaim a debt owed to him by JS, , , and their wives. The bill claimed that JS, Cahoon, Bump and their wives gave six promissory notes to Russell on 10 October 1836 for $11,904. These notes were in exchange for property in , Ohio. In May 1837, the month before the first payment was due, Bump sold his one-third interest in the land to , who was likely acting as an agent for JS, for $1,500. However, this assignment did not release Bump from his original obligation to Russell.
JS, , and had multiple judgments entered against them beginning in 1837 for unpaid debts to various merchants. Each of these judgments could result in the placement of a lien on the property had sold to JS, Bump, and Cahoon; therefore, Russell turned to a court of equity to satisfy his claim. Proceedings began in 1843 in the Lake County Court of Common Pleas. The law firm of P & R Hitchcock & Wilder represented Russell. As part of the proceedings, the court summoned the merchants who had judgments against JS and his associates. Though notice of the proceedings was printed in the Painesville Telegraph for several weeks, there is no indication that JS and Cahoon, who were now living in , were aware of them. On 12 March 1844, when the case came before the court, JS and Cahoon failed to appear. Bump, who resided in the area, was also absent. Likewise, none of the parties with judgments against JS, Bump, or Cahoon made an appearance. Consequently, the court decreed a judgment requiring JS, Cahoon, and Bump to pay the original debt as well as the interest that had accrued on the notes.
Following the judgment, made efforts to collect the debt. The property he had sold to JS, , and in 1836 was appraised at $2,376. It was seized and sold at public auction in , Ohio, on 11 June 1844. Russell was the highest bidder at $1,584. There is no indication that any further efforts were made to collect the balance of the judgment.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.

Footnotes

  1. 1

    Subpoena, 20 June 1843–A [Russell v. JS et al.]; Subpoena, 20 June 1843–B [Russell v. JS et al.]; Subpoena, 20 June 1843–C [Russell v. JS et al.]; Notice, 14 July 1843 [Russell v. JS et al.]; Mortgage, 10 Oct. 1836 [Russell v. JS et al.]. Five notes were for $1,000, payable annually on 1 June, beginning in 1837; the sixth note was for $6,904, payable on 1 June 1842. For historical context on JS’s land purchases in 1836–1837, see Historical Introduction to Mortgage to Peter French, 5 Oct. 1836.  

  2. 2

    Geauga Co., OH, Deed Records, 1795–1921, vol. 23, pp. 540–541, 23 May 1837, microfilm 20,240, U.S. and Canada Record Collection, FHL.  

    U.S. and Canada Record Collection. FHL.

  3. 3

    Condensed Reports of Decisions in the Supreme Court of Ohio, 331–332.  

    Wilcox, P. B., ed. Condensed Reports of Decisions in the Supreme Court of Ohio. Containing All the Cases Decided by the Court in Bank from Its Organization to December Term, 1831, with Cases Decided upon the Circuit and Ordered to Be Reported by the Judges; and Including All the Decisions in the Four First Volumes of Hammond’s Reports, Omitting Only the Arguments of Counsel. With a New and More Complete Index to the Whole. Columbus, OH: Isaac N. Whiting, 1832.

  4. 4

    See Introductions to Boynton and Hyde v. JS; Eaton v. JS and O. Cowdery; Kelley v. Rigdon, Smith & Cowdery; Patterson and Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery; Newbould v. Rigdon, Smith & Cowdery; Underwood, Bald, Spencer & Hufty v. Rigdon et al.; Scribner v. Rigdon, Smith & Cowdery; Martindale v. JS et al.; and Stannard v. Young and JS. Jonathan Leavitt, Charles Lord, and William Robinson (doing business as the New York firm of Lord, Leavitt and Co.), Wright Conger, Christopher Quinn, the Cuyahoga Steam Furnace Company, Richard Hilliard, and William Branch, each of them defendants in the Russell case, had judgments that were not against JS. (Bill in Chancery, ca. 19 June 1843 [Russell v. JS et al.]; Geauga County Court of Common Pleas, Record Book U, pp. 238–239, 502–503, 555, 663–664, 24 Oct. 1837 and 3 Apr. 1838, microfilm 20,279; Execution Docket G, p. 193, 24 Oct 1837, microfilm 20,286, U.S. and Canada Record Collection, FHL.)  

    U.S. and Canada Record Collection. FHL.

  5. 5

    Bill of Chancery, ca. 19 June 1843 [Russell v. JS et al.]. Masters in chancery could investigate claims upon properties in suits to settle conveyances, including conflicting claims to a property. Judgment liens became dormant after five years from the date of judgment but could be revived if, after five years, the judgment remained unsatisfied. (An Act Directing the Mode of Proceeding in Chancery [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1697, sec. 14; An Act to Regulate the Practice of the Judicial Courts [8 Mar. 1831], Statutes of Ohio, vol. 3, p. 1684, secs. 85–86; Jeremy, Treatise on the Equity Jurisdiction, 193–194.)  

    The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

    Jeremy, George. A Treatise on the Equity Jurisdiction of the High Court of Chancery. New York: Halsted and Voorhies, 1840.

  6. 6

    Notice, 14 July 1843 [Russell v. JS et al.]. Peter Hitchcock, his son Reuben, and Eli Wilder made up the firm. Reuben Hitchcock had earlier financial dealings with JS. (Notice, Painesville [OH] Telegraph, 13 July 1842, [3]; History of Geauga and Lake Counties, 57–58, 61; Historical Introduction to Mortgage to Mead, Stafford & Co., 11 July 1837.)  

    Painesville Telegraph. Painesville, OH. 1822–1986.

    History of Geauga and Lake Counties, Ohio, with Illustrations and Biographical Sketches of Its Pioneers and Most Prominent Men. Philadelphia: Williams Brothers, 1878.

  7. 7

    Subpoena, 20 June 1843–A [Russell v. JS et al.]; Subpoena, 20 June 1843–B [Russell v. JS et al.]; Subpoena, 20 June 1843–C [Russell v. JS et al.].  

  8. 8

    See Notice, 14 July 1843 [Russell v. JS et al.]; Notice, Painesville [OH] Telegraph, 26 July 1843, [3]; Notice, Painesville Telegraph, 9 Aug. 1843, [4]; Notice, Painesville Telegraph, 16 Aug. 1843, [4]; and Notice, Painesville Telegraph, 23 Aug. 1843, [4]. Defendants residing outside the state of Ohio could receive notice of proceedings in person or by publication. (An Act Directing the Mode of Proceeding in Chancery [14 Mar. 1831], Statutes of Ohio, vol. 3, p.1696, sec. 7; see also Editorial Note following 13 June 1843 entry in JS, Journal.)  

    Painesville Telegraph. Painesville, OH. 1822–1986.

    The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

  9. 9

    Transcript of Proceedings, ca. 18 Mar. 1844 [Russell v. JS et al.]. Some of the respondents, such as Samuel Rounds, had no reason to appear, as the judgments they held against JS had previously been satisfied. Timothy Martindale settled out of court and had no judgment. (Introduction to Rounds qui tam v. JS; Introduction to Martindale v. JS et al.; Historical Introduction to Letter from Newel K. Whitney, 20 Apr. 1837.)  

  10. 10

    Notice, 1 May 1844 [Russell v. JS et al.].  

  11. 11

    Docket Entry, Order of Sale and Return, ca. June 1844 [Russell v. JS et al.]. If a judgment was rendered against a person who did not have personal or real property sufficient to satisfy it, other equitable interests, including mortgaged real estate, could be seized to pay it. (An Act Directing the Mode of Proceeding in Chancery [14 Mar. 1831], Statutes of Ohio, vol. 3, pp. 1697–1698, sec. 16.)  

    The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.

  12. 12

    The judgment was for $16,409, which represented the accrued interest on the notes, leaving a balance due of $14,825. (Transcript of Proceedings, ca. 18 Mar. 1844 [Russell v. JS et al.].)