Introduction to Spencer v. Cahoon et al.

Document Transcript

Spencer v. Cahoon, Carter, H. Smith, JS, Rigdon, and W. Smith
Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, circa 25 January 1838
 
Historical Introduction
On 6 June 1833, at a conference of high priests, JS appointed , , and as a committee “to take the oversight of the building of the ” in , Ohio. To fulfill their responsibilities, the three formed a mercantile firm under the name Cahoon, Carter & Co. sometime before October 1835. The firm supported the construction of the by purchasing goods, either on credit or from donated funds obtained by the Quorum of the Twelve and others, and then making those goods available in exchange for labor or payment. On 9 November 1835, the firm borrowed fifty dollars from , payable when called for. Spencer sued for payment on 25 January 1838. In addition to Cahoon, Carter, and Hyrum Smith, Spencer included JS, , and in the lawsuit, probably because he assumed JS and Sidney Rigdon were connected to the firm. After hearing testimony, Justice of the Peace determined that JS, Rigdon, and William Smith were not partners of the firm Cahoon, Carter, & Co. and discharged them from liability in the suit. He then rendered judgment against the firm for $56.41, along with $2.76 in court costs.
 
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

    Minutes, 6 June 1833.  

  2. 2

    On 7 October 1835, JS’s journal noted that he went to Buffalo “to replenish the Committee store,” suggesting the firm had operated the store for some time prior to October. (JS, Journal, 7 Oct. 1835; see also Advertisement, Northern Times, 9 Oct. 1835, [4].)  

    Northern Times. Kirtland, OH. 1835–[1836?].

  3. 3

    JSP, D5:105n26.  

    JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

  4. 4

    The firm Cahoon, Carter & Co. was party to or mentioned in several other legal proceedings for debt collection that involved JS: Patterson and Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Co.; Cahoon, Carter & Co. for the use of JS v. Avery; and Cahoon, Carter & Co. for the use of JS v. Draper. For examples of cases that did not involve JS, see Transcript of Proceedings, 24 Oct. 1837, Newbold v. Cahoon, Carter & Co. [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 364–366; Transcript of Proceedings, 3 Apr. 1838, Scribner v. Cahoon, Carter & Co. [Geauga Co. C.P. 1838], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 584–585; Transcript of Proceedings, 5 June 1837, Kelley v. Cahoon, Carter & Co. [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 100–101, microfilm 20,279, U.S. and Canada Record Collection, FHL; Docket Entry, Costs, 3 Apr. 1838, Jonathan F. Scribner v. Cahoon et al. [Geauga Co. C.P. 1838], Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 355; and Docket Entry, Costs, 5 June 1837, Kelley v. Cahoon, Carter & Co. [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 57, microfilm 20,286, U.S. and Canada Record Collection, FHL. Additionally, there is the case of Lowell Goodman v. Cahoon, Smith, and Carter, which is based on a 20 May 1835 contract and appears to predate their forming the company. (Transcript of Proceedings, 25 Oct. 1836, Goodman v. Cahoon, Smith, and Carter [Geauga Co. C.P. 1836], Geauga County Court of Common Pleas, Common Pleas Record, vol. S, pp. 438–440, microfilm 20,279, U.S. and Canada Record Collection, FHL.)  

    U.S. and Canada Record Collection. FHL.