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Introduction to Commercial Bank of Lake Erie v. Cahoon et al. Summons, 26 October 1837 [Commercial Bank of Lake Erie v. Cahoon et al.] Declaration, circa 4 December 1837 [Commercial Bank of Lake Erie v. Cahoon et al.] Docket Entry, Settlement, 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.] Transcript of Proceedings, circa 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.] Docket Entry, Costs, circa 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.]

Introduction to Commercial Bank of Lake Erie v. Cahoon et al.

Page

Commercial Bank of Lake Erie v. Cahoon, JS, and Young
Geauga Co., Ohio, Court of Common Pleas, 3 April 1838
 
Historical Introduction
In October 1837, the president and directors of the
Commercial Bank of Lake Erie

First bank in Cleveland; chartered 1816. Failed, 1820, after Panic of 1819; revived 1832. During Panic of 1837, faltered but did not fail. Charter not renewed by state legislature, 1842. Bank closed and all assets distributed, by 1845. In January 1837, loaned...

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initiated a lawsuit against
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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, JS, and
Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

View Full Bio
to reclaim a debt the men owed the bank.
1

Summons, 26 Oct. 1837 [Commercial Bank of Lake Erie v. Cahoon et al.]. The Commercial Bank of Lake Erie was established in Cleveland, Ohio, in 1816. The bank failed as a result of the Panic of 1819. It was revived in 1832 by wealthy investors, the Dwight family and George Bancroft, who saw the potential in a Cleveland bank and formed an investor group. They chose Leonard Case as the bank’s president and twelve other prominent Ohio residents as their board of directors. (Scheiber, “Commercial Bank of Lake Erie,” 50–51.)


Comprehensive Works Cited

Scheiber, Harry N. “The Commercial Bank of Lake Erie, 1831–1843.” Business History Review 40, no. 1 (Spring 1966): 47–65.

Cahoon, JS, and Young had taken out a loan for $1,225 on 3 July 1837 and had signed a promissory note to pay the debt in three months at the banking house in
Cleveland

Cuyahoga Co. seat of justice, 1833. Situated on south shore of Lake Erie, just east of mouth of Cuyahoga River. First settled, 1797. Incorporated as village, 1815; incorporated as city, 1836. Became center of business and trade at opening of Ohio and Erie...

More Info
, Ohio.
2

Summons, 26 Oct. 1837 [Commercial Bank of Lake Erie v. Cahoon et al.]. Both Cahoon and Young were involved with church financial matters in 1837. In January, Cahoon took out a loan that may have been connected to the Kirtland Safety Society. In the spring of 1837, Young joined his cousin Willard Richards on a business mission for the church to settle debts in the eastern United States. ([Reynolds Cahoon et al.] to Commercial Bank of Lake Erie, Promissory Note, Cleveland, OH, 10 Jan. 1837, JS Collection, CHL; see also Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–Apr. 1837; and Historical Introduction to Power of Attorney to Oliver Granger, 27 Sept. 1837.)


Comprehensive Works Cited

Smith, Joseph. Collection, 1827–1846. CHL. MS 155.

The reason for the loan is not recorded in extant documents,
3

JS and other church leaders had taken out loans from Ohio banks, including the Commercial Bank of Lake Erie, in January 1837, which were likely related to the opening of the Kirtland Safety Society office and intended to bolster its specie reserves. In early January 1837, JS took out a $3,000 loan from the Bank of Geauga and Reynolds Cahoon took out a $1,200 loan from the Commercial Bank of Lake Erie. However, by July 1837, JS had abandoned efforts to stabilize the finances of the failing Kirtland Safety Society. Sometime between June and July 1837, JS and Sidney Rigdon resigned as officers of the institution and were replaced by Warren Parrish and Frederick G. Williams. (Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–Apr. 1837; Introduction to Bank of Geauga v. JS et al.; [Reynolds Cahoon et al.] to Commercial Bank of Lake Erie, Promissory Note, Cleveland, OH, 10 Jan. 1837, JS Collection, CHL; Historical Introduction to Notice, ca. Late August 1837; Editorial, Elders’ Journal, Aug. 1838, 58.)


Comprehensive Works Cited

Smith, Joseph. Collection, 1827–1846. CHL. MS 155.

but it likely related to efforts to repay and renegotiate the mercantile debts that the partnerships 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 ...

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and
Cahoon, Carter & Co.

A mercantile company likely established in June 1835, composed of partners Reynolds Cahoon, Jared Carter, and Hyrum Smith. The company was an outgrowth of their role as members of the committee to build the House of the Lord in Kirtland, Ohio; the funds they...

View Glossary
had amassed the previous year and been unable to repay. Such renegotiations began in July and continued into September.
4

For more on the repayment and renegotiation of mercantile debts, see Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837; Power of Attorney to Oliver Granger, 27 Sept. 1837; Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838; and Agreement with Mead & Betts, 2 Aug. 1839.


In July 1837, the financial situation in
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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, Ohio, proved so difficult that in addition to this loan, church leaders decided to mortgage the
temple

JS revelation, dated Jan. 1831, directed Latter-day Saints to migrate to Ohio, where they would “be endowed with power from on high.” In Dec. 1832, JS revelation directed Saints to “establish . . . an house of God.” JS revelation, dated 1 June 1833, chastened...

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in Kirtland. On 11 July 1837, the
First Presidency

The highest presiding body of the church. An 11 November 1831 revelation stated that the president of the high priesthood was to preside over the church. JS was ordained as president of the high priesthood on 25 January 1832. In March 1832, JS appointed two...

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and
temple committee

A committee assigned to raise funds and direct the building of the Nauvoo temple; also called the building committee or temple building committee. On 3 October 1840, Alpheus Cutler, Reynolds Cahoon, and Elias Higbee were appointed as a committee responsible...

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reached a mortgage agreement with the
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

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mercantile firm of Mead, Stafford & Co.
5

Mortgage to Mead, Stafford & Co., 11 July 1837.


The decision to mortgage the temple, the most significant asset available to the church, signaled church leaders’ difficult financial circumstances; they had few resources to offset the mercantile debt they had amassed in building the house of the Lord and expanding the Kirtland community.
6

See Introduction to Documents, Volume 5: October 1835–January 1838.


On 26 October 1837 the officers of the
Commercial Bank of Lake Erie

First bank in Cleveland; chartered 1816. Failed, 1820, after Panic of 1819; revived 1832. During Panic of 1837, faltered but did not fail. Charter not renewed by state legislature, 1842. Bank closed and all assets distributed, by 1845. In January 1837, loaned...

More Info
requested that the
clerk

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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of the
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...

More Info
, Ohio, Court of Common Pleas issue a summons for
Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

View Full Bio
, JS, and
Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

View Full Bio
, thereby initiating a civil suit in a plea of
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money. Assumpsit was a form of trespass on the case. In Ohio law, it was “the usual remedy upon promissory notes.”

View Glossary
for payment on the debt.
7

The suit claimed $1,230, which was $5 higher than the original debt.


Either the
sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

View Full Bio
or his deputy left copies of the writ for each of the defendants on 1 November 1837.
8

Summons, 26 Oct. 1837 [Commercial Bank of Lake Erie v. Cahoon et al.]. It is unclear from the return notation whether the summons was served by Sheriff Abel Kimball or Deputy Sheriff Jabez A. Tracy.


JS was not in
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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at the time, having traveled to visit Latter-day Saints in
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

More Info
, Missouri.
9

Minutes, 6 Nov. 1837.


The law firm Payne & Willson filed a
declaration

English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...

View Glossary
on behalf of the bank on 4 December 1837 claiming $2,000 in damages.
10

Declaration, ca. 4 Dec. 1837 [Commercial Bank of Lake Erie v. Cahoon et al.].


The case came to trial on 3 April 1838, months after JS had moved to Missouri, and, according to the transcript of proceedings, the case was settled and the court fees paid.
11

Transcript of Proceedings, ca. 3 Apr. 1838 [Commercial Bank of Lake Erie v. Cahoon et al.].


No documentation exists as to what settlement JS, Cahoon, and Young reached with the Commercial Bank of Lake Erie.
 
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.
 

1837 (1)

July (1)

3 July 1837

Reynolds Cahoon and Others, Promissory Note, Kirtland, Geauga Co., OH, to Commercial Bank of Lake Erie, Cleveland, OH

  • 3 July 1837. Not extant.
    1

    See Transcript of Proceedings, ca. 3 Apr. 1838 [Commercial Bank of Lake Erie v. Cahoon et al.].


 
Geauga Co., Ohio, Court of Common Pleas

1837 (2)

October (1)

26 October 1837

Charles H. Foot, Summons, to Geauga Co. Sheriff, for Reynolds Cahoon and Others, Chardon, Geauga Co., OH

  • 26 Oct. 1837. Not extant.
  • 1 Nov. 1837. Not extant.
    1

    A copy of the summons was left with Reynolds Cahoon. The names of both Sheriff Abel Kimball and Deputy Sheriff Jabez A. Tracy were included in the return notation, making it unclear which official served the summons on the defendants. (Transcript of Proceedings, ca. 3 Apr. 1838 [Commercial Bank of Lake Erie v. Cahoon et al.].)


  • 1 Nov. 1837. Not extant.
    2

    A copy of the summons was left with JS. (Transcript of Proceedings, ca. 3 Apr. 1838 [Commercial Bank of Lake Erie v. Cahoon et al.].)


  • 1 Nov. 1837. Not extant.
    3

    A copy of the summons was left with Brigham Young. (Transcript of Proceedings, ca. 3 Apr. 1838 [Commercial Bank of Lake Erie v. Cahoon et al.].)


  • Ca. 3 Apr. 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 5–6, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

December (1)

Ca. 4 December 1837

Payne & Willson on behalf of Commercial Bank of Lake Erie, Declaration, Geauga Co., OH

  • Ca. 4 Dec. 1837. Not extant.
  • Ca. 3 Apr. 1838; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. V, p. 6, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

1838 (3)

April (3)

3 April 1838

Docket Entry, Settlement, Chardon, Geauga Co., OH

  • Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Journal, vol. N, p. 290, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
Ca. 3 April 1838

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 5–6, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
Ca. 3 April 1838

Docket Entry, Costs, Chardon, Geauga Co., OH

  • Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 355, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; notation in handwriting of David D. Aiken with signature of Abel Kimball.
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Editorial Title
Introduction to Commercial Bank of Lake Erie v. Cahoon et al.
ID #
17602
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Summons, 26 Oct. 1837 [Commercial Bank of Lake Erie v. Cahoon et al.]. The Commercial Bank of Lake Erie was established in Cleveland, Ohio, in 1816. The bank failed as a result of the Panic of 1819. It was revived in 1832 by wealthy investors, the Dwight family and George Bancroft, who saw the potential in a Cleveland bank and formed an investor group. They chose Leonard Case as the bank’s president and twelve other prominent Ohio residents as their board of directors. (Scheiber, “Commercial Bank of Lake Erie,” 50–51.)

      Scheiber, Harry N. “The Commercial Bank of Lake Erie, 1831–1843.” Business History Review 40, no. 1 (Spring 1966): 47–65.

    2. [2]

      Summons, 26 Oct. 1837 [Commercial Bank of Lake Erie v. Cahoon et al.]. Both Cahoon and Young were involved with church financial matters in 1837. In January, Cahoon took out a loan that may have been connected to the Kirtland Safety Society. In the spring of 1837, Young joined his cousin Willard Richards on a business mission for the church to settle debts in the eastern United States. ([Reynolds Cahoon et al.] to Commercial Bank of Lake Erie, Promissory Note, Cleveland, OH, 10 Jan. 1837, JS Collection, CHL; see also Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–Apr. 1837; and Historical Introduction to Power of Attorney to Oliver Granger, 27 Sept. 1837.)

      Smith, Joseph. Collection, 1827–1846. CHL. MS 155.

    3. [3]

      JS and other church leaders had taken out loans from Ohio banks, including the Commercial Bank of Lake Erie, in January 1837, which were likely related to the opening of the Kirtland Safety Society office and intended to bolster its specie reserves. In early January 1837, JS took out a $3,000 loan from the Bank of Geauga and Reynolds Cahoon took out a $1,200 loan from the Commercial Bank of Lake Erie. However, by July 1837, JS had abandoned efforts to stabilize the finances of the failing Kirtland Safety Society. Sometime between June and July 1837, JS and Sidney Rigdon resigned as officers of the institution and were replaced by Warren Parrish and Frederick G. Williams. (Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–Apr. 1837; Introduction to Bank of Geauga v. JS et al.; [Reynolds Cahoon et al.] to Commercial Bank of Lake Erie, Promissory Note, Cleveland, OH, 10 Jan. 1837, JS Collection, CHL; Historical Introduction to Notice, ca. Late August 1837; Editorial, Elders’ Journal, Aug. 1838, 58.)

      Smith, Joseph. Collection, 1827–1846. CHL. MS 155.

    4. [4]

      For more on the repayment and renegotiation of mercantile debts, see Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837; Power of Attorney to Oliver Granger, 27 Sept. 1837; Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838; and Agreement with Mead & Betts, 2 Aug. 1839.

    5. [5]

      Mortgage to Mead, Stafford & Co., 11 July 1837.

    6. [6]

      See Introduction to Documents, Volume 5: October 1835–January 1838.

    7. [7]

      The suit claimed $1,230, which was $5 higher than the original debt.

    8. [8]

      Summons, 26 Oct. 1837 [Commercial Bank of Lake Erie v. Cahoon et al.]. It is unclear from the return notation whether the summons was served by Sheriff Abel Kimball or Deputy Sheriff Jabez A. Tracy.

    9. [9]

      Minutes, 6 Nov. 1837.

    10. [10]

      Declaration, ca. 4 Dec. 1837 [Commercial Bank of Lake Erie v. Cahoon et al.].

    11. [11]

      Transcript of Proceedings, ca. 3 Apr. 1838 [Commercial Bank of Lake Erie v. Cahoon et al.].

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