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Introduction to Newbould v. Rigdon, Smith & Cowdery Capias ad Respondendum, 20 April 1837 [Newbould v. Rigdon, Smith & Cowdery] Special Bail, 5 June 1837 [Newbould v. Rigdon, Smith & Cowdery] Declaration, circa 8 July 1837 [Newbould v. Rigdon, Smith & Cowdery] Docket Entry, Discontinuance, 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery] Docket Entry, Costs, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery] Transcript of Proceedings, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery]

Declaration, circa 8 July 1837 [Newbould v. Rigdon, Smith & Cowdery]

Source Note

Perkins & Osborn on behalf of
John Newbould

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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, Declaration,
Geauga Co.

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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, OH, [ca. 8 July 1837], Newbould v. Rigdon, Smith & Cowdery (Geauga Co., OH, Court of Common Pleas 1837). Copied [ca. 24 Oct. 1837] in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 352; handwriting of Charles H. Foot; Geauga County Archives and Records Center, Chardon, OH.

Historical Introduction

See Introduction to Newbould v. Rigdon, Smith & Cowdery.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
Declaration, circa 8 July 1837 [ Newbould v. Rigdon, Smith & Cowdery ]
Transcript of Proceedings, circa 24 October 1837 [ Newbould v. Rigdon, Smith & Cowdery ]

Page 352

The State of Ohio,
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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ss. [scilicet]} In the Court of Common Pleas,
Vacation

“Period of time between the end of one term [of court] and beginning of another.”

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after June Term 1837—
John A. Newbo[u]ld

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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complains of
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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, Joseph Smith Jnr. &
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

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under the firm of
Rigdon, Smith & Cowdery

A mercantile partnership composed of Sidney Rigdon, JS, and Oliver Cowdery, likely formed in June 1836. The partnership purchased wholesale goods on credit, using promissory notes, from merchants in Buffalo, New York, in June 1836. In September 1836, the ...

View Glossary
, in a plea of the case for that whereas the defendants under the name of their said firm of
Rigdon, Smith & Cowdery

A mercantile partnership composed of Sidney Rigdon, JS, and Oliver Cowdery, likely formed in June 1836. The partnership purchased wholesale goods on credit, using promissory notes, from merchants in Buffalo, New York, in June 1836. In September 1836, the ...

View Glossary
on the seventeenth day of June eighteen hundred thirty six, at
Buffalo

Located in western New York on eastern shore of Lake Erie at head of Niagara River and mouth of Buffalo Creek. County seat. Settled by 1801. Land for town allocated, 1810. Incorporated as village, 1813, but mostly destroyed later that year during War of 1812...

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to wit, at
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

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Geauga County Ohio, made his promissory note in writing & delivered the same to the said
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
and thereby promised to pay to the said
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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or order two hundred eighty seven 32/100 dollars in six months from the date of the said note which period has now elapsed, and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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according to the tenor and effect thereof.—
John A. Newbold

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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complains of
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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Joseph Smith Jr. and
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

View Full Bio
under the firm of
Rigdon, Smith & Cowdery

A mercantile partnership composed of Sidney Rigdon, JS, and Oliver Cowdery, likely formed in June 1836. The partnership purchased wholesale goods on credit, using promissory notes, from merchants in Buffalo, New York, in June 1836. In September 1836, the ...

View Glossary
in a plea of the case for that whereas the defendants under the name of their said firm on the twentieth day of December eighteen hundred thirty six at
Buffalo

Located in western New York on eastern shore of Lake Erie at head of Niagara River and mouth of Buffalo Creek. County seat. Settled by 1801. Land for town allocated, 1810. Incorporated as village, 1813, but mostly destroyed later that year during War of 1812...

More Info
to wit,
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

More Info
Geauga County was indebted to the
Plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
in the sum of four hundred dollars for the price and value of goods then & there bargained and sold by the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
to the defendants at their request: And in the sum of four hundred dollars for the price and value of goods then and there sold and delivered by the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
to the defendants at their request: and in the sum of four hundred dollars of the price and value of work then and there done and materials for the same provided by the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
for the defendant at their request: And in the sum of four hundred dollars for money then and there lent by the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
to the defendants at their request: And in the sum of four hundred dollars for money then and there paid by the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
for the use of the defendant at their request: And in the sum of four hundred dollars for money then and there received by the defendants for the use of the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
: And in the sum of four hundred dollars for money found to be due from the defendants to the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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on an account then and there stated between them: And whereas the defendants afterwards on the first day of January eighteen hundred thirty seven in consideration of the premises then and there promised to pay the said several sums of money to the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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on request. Yet they have disregarded their promises & have not paid the said several sums of money nor either of them nor any part thereof, To the damage of the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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four hundred dollars and thereupon he brings suit &c.
<​Perkins & Osborn
Plff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
s Attys.​> [p. 352]
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Source Note

Document Transcript

Page 352

Document Information

Related Case Documents
Editorial Title
Declaration, circa 8 July 1837 [Newbould v. Rigdon, Smith & Cowdery]
ID #
6072
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Charles H. Foot

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