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Introduction to Cahoon, Carter & Co. for the use of JS v. Avery Docket Entry, between 20 July and circa 5 August 1837 [Cahoon, Carter & Co for the use of JS v. Avery]

Introduction to Cahoon, Carter & Co. for the use of JS v. Avery

Page

Cahoon, Carter & Co. for the use of JS v. Avery
Geauga Co., Ohio, Justice of the Peace Court, 5 August 1837
 
Historical Introduction
In December 1836, became indebted to in the amount of $24.55. In February 1837, he made a partial payment of $17.17 toward the debt, leaving a balance of $7.38. The note was to JS at some point thereafter. In 1837, JS’s financial situation became increasingly strained, and he sought to recover debts owed to him. When payment was not made, JS commenced an before , Ohio, Justice of the Peace .
On 21 July 1837, constable noted that he served the summons “by copy,” meaning was absent at the time of service and not served personally. Avery failed to appear on 25 July, and the court continued the matter until 5 August. When he failed to appear the second time, judgment was issued against him. It is unknown whether Avery satisfied 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.
 

1836 (1)

December (1)

2 December 1836

Cahoon, Carter & Co., Promissory Note, Geauga Co., OH, to Arvin Avery

 
Cahoon, Carter & Co. for the use of JS v. Avery, Geauga Co., Ohio, Justice of the Peace Court

1837 (2)

July (1)

Ca. 20 July 1837

Summons, to Burton Phelps, for Arvin Avery, Kirtland Township, Geauga Co., OH

August (1)

Between 20 July and ca. 5 August 1837

Docket Entry, Kirtland Township, Geauga Co., OH

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Editorial Title
Introduction to Cahoon, Carter & Co. for the use of JS v. Avery
ID #
14876
Total Pages
1
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    Footnotes

    1. [1]

      Docket Entry, between 20 July and ca. 5 Aug. 1837 [Cahoon, Carter & Co. for the use of JS v. Avery].

    2. [2]

      During 1837, the Kirtland Safety Society failed, the church was in debt for the construction of the temple, and financial matters were one of JS’s primary worries. (See Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; Historical Introduction to Notice, ca. Late August 1837; Historical Introduction to Discourse, 6 Apr. 1837.)

    3. [3]

      Docket Entry, between 20 July and ca. 5 Aug. 1837 [Cahoon, Carter & Co. for the use of JS v. Avery]; see also An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Civil Cases [14 Mar. 1831], Statutes of Ohio, vol. 3, p. 1746, sec. 17.)

      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.

    4. [4]

      Docket Entry, between 20 July and ca. 5 Aug. 1837 [Cahoon, Carter & Co. for the use of JS v. Avery]. Judgment was rendered in the amount of $7.89. The fifty-one-cent difference between this amount and the debt owed apparently represents interest.

    5. [5]

      The firm Cahoon, Carter & Co. was party to or mentioned in several other legal proceedings for debt collection that involved JS: G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery; Cahoon, Carter & Co. for the use of JS v. Draper; and W. W. Spencer v. Cahoon et al. 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.

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