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Introduction to Eaton v. JS and O. Cowdery Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery] Special Bail, 10 June 1837 [Eaton v. JS and O. Cowdery] Declaration, circa 7 July 1837 [Eaton v. JS and O. Cowdery] Docket Entry, Judgment, 27 October 1837 [Eaton v. JS and O. Cowdery] Docket Entry, Costs, circa 27 October 1837 [Eaton v. JS and O. Cowdery] Transcript of Proceedings, circa 27 October 1837 [Eaton v. JS and O. Cowdery]

Introduction to Eaton v. JS and O. Cowdery

Page

Eaton v. JS and O. Cowdery
Geauga Co., Ohio, Court of Common Pleas, 27 October 1837
 
Historical Introduction
On 11 October 1836,
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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purchased over $1,100 of merchandise on credit from
Winthrop Eaton

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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, a boot and shoe merchant in
New York City

Dutch founded New Netherland colony, 1625. Incorporated under British control and renamed New York, 1664. Harbor contributed to economic and population growth of city; became largest city in American colonies. British troops defeated Continental Army under...

More Info
.
1

Invoice, Winthrop Eaton to Smith & Cowdery, 11 Oct. 1836; Longworth’s American Almanac [1836], 231; Williams, New-York Annual Register [1836], 504; Ames, Autobiography and Journal, [12].


Comprehensive Works Cited

Longworth’s American Almanac, New-York Register, and City Directory, of the Sixty-First Year of American Independence. . . . New York: Thomas Longworth, 1836.

Williams, Edwin. New-York Annual Register for the Year of Our Lord 1836. Containing an Almanac, Civil and Judicial List; with Political, Statistical and Other Information, respecting the State of New-York and the United States. New York: Edwin Williams, 1836.

Ames, Ira. Autobiography and Journal, 1858. CHL. MS 6055.

This purchase was likely made on behalf of the
Kirtland Township

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...

More Info
, Ohio, firm
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
.
2

Although the invoice from Eaton attributed this purchase to “Smith & Cowdery,” contextual evidence suggests that this was a purchase on behalf of the mercantile firm of Rigdon, Smith & Cowdery, which had made several purchases from wholesale merchants in New York City in October 1837. (See Historical Introduction to Deed to William Marks, 10 April 1837–B.)


Eaton received payment by a promissory note, which was payable in six months at the not-yet-established
Kirtland Safety Society Bank

A financial institution formed to raise money and provide credit in Kirtland, Ohio. On 2 November 1836, JS, Sidney Rigdon, and others officially organized the Kirtland Safety Society as a community bank by ratifying its constitution. Sidney Rigdon served ...

View Glossary
.
3

See Invoice, Winthrop Eaton to Smith & Cowdery, 11 Oct. 1836; Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; and Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837.


After the note became due and payment was not made,
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...

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lawyers
Sherlock Andrews

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and John Foot commenced legal proceedings against JS and Cowdery on behalf of Eaton, entering 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.”

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to collect on the note.
4

Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery]. Assumpsit was an action brought to recover damages for breach of a simple contract or for the recovery of money; it was “the usual remedy upon promissory notes.” (Swan, Practice in Civil Actions and Proceedings at Law, 1:14.)


Comprehensive Works Cited

Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

JS was arrested and brought before the court on 9 June; Cowdery could not be found.
5

Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery]. It is unknown why Cowdery could not be located. On 6 June 1837, he notified the Kirtland trustees that he had received his commission to act as a newly elected justice of the peace for the city. (Kirtland Township Trustees’ Minutes and Poll Book, 6 June 1837, p. 154.)


Comprehensive Works Cited

Kirtland Township Trustees’ Minutes and Poll Book, 1817–1838. Lake County Historical Society, Painesville, OH.

The following day,
John Gaylord

12 July 1797–17 July 1874. Farmer, carpenter. Born at Luzerne Co., Pennsylvania. Son of Chauncey John Gaylord and Dorithy Taylor. Married first Elizabeth Terry of East Palmyra, Wayne Co., New York, Apr. 1820. Baptized into Church of Jesus Christ of Latter...

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and
Reuben Hedlock

1809–5 July 1869. Printer, carpenter, journeyman. Born in U.S. Married first Susan Wheeler, 1827. Married second Lydia Fox. Baptized into Church of Jesus Christ of Latter-day Saints, by 1836. Moved to Kirtland, Geauga Co., Ohio, and ordained an elder, by ...

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entered
special bail

“Persons who undertake generally that if the defendant be condemned in the action, he shall satisfy the debt, costs, and damages . . . or that they will do it for him.” A plaintiff could initiate a civil suit by summons, which simply notified the defendant...

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on JS’s behalf.
6

Special Bail, 10 June 1837 [Eaton v. JS and O. Cowdery].


In July, Andrews and Foot filed Eaton’s declaration, which described in detail the damages sought, and the trial was set for the October 1837 court term.
7

Declaration, 7 July 1837 [Eaton v. JS and O. Cowdery]; Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery].


At the end of September 1837, JS and other church leaders left
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...

More Info
to visit the 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...

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, Missouri.
8

“Be it known unto the Saints scattered abroad greeting,” Elders’ Journal, Nov. 1837, 27.


JS was still in Far West when 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...

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Court of Common Pleas convened on 27 October. In his absence, a default judgment was rendered against him.
9

Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery]; Docket Entry, Judgment, 27 Oct. 1837 [Eaton v. JS and O. Cowdery].


The court attempted unsuccessfully to collect the judgment and costs in 1838 and again in 1839.
10

Docket Entry, Costs, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery]


Because JS had relocated to
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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in early 1838 and transferred his property in Kirtland to agents, the court was unable to find property in his name to satisfy the debt.
11

JS left Kirtland on 12 January and arrived in Far West on 14 March. (See Revelation, 12 Jan. 1838–C; and JS Journal, Mar.–Sept. 1838, 16.)


However, unlike many other debts to
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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merchants, the obligation to
Eaton

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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was not included in JS’s 1842 bankruptcy application, suggesting that either the debt had been satisfied or that JS was unaware of any remaining debt.
12

Application for Bankruptcy, ca. 14–16 April 1842, in JSP, D9:364–369.


Comprehensive Works Cited

JSP, D9 / Smith, Alex D., Christian K. Heimburger, and Christopher James Blythe, eds. Documents, Volume 9: December 1841–April 1842. Vol. 9 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2019.

 
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 (2)

October (2)

11 October 1836

Winthrop Eaton, Invoice, New York City, New York Co., NY, to Smith & Cowdery, Kirtland Township, Geauga Co., OH

  • 11 Oct. 1836; JS Office Papers, CHL; handwriting of John M. Valentine; dockets in handwriting of Marcellus Cowdery.
11 October 1836

JS and Oliver Cowdery, Promissory Note, Kirtland Township, Geauga Co., OH, to Winthrop Eaton
1

Note for $1,143.01 due 11 April 1837. (Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery].)


  • 11 Oct. 1836. Not extant.
    2

    See Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery].


 
Eaton v. JS and O. Cowdery, Geauga Co., Ohio, Court of Common Pleas

1837 (7)

June (2)

6 June 1837

David D. Aiken, Capias ad Respondendum, to Geauga Co. Sheriff, for JS and Oliver Cowdery, Chardon, Geauga Co., OH

  • 6 June 1837. Not extant.
  • Ca. 27 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 277, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
10 June 1837

John Gaylord and Reuben Hedlock, Special Bail, before David D. Aiken, Chardon, Geauga Co., OH

  • 10 June 1837. Not extant.
  • Ca. 27 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 277, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

July (1)

7 July 1837

Andrews & Foote on behalf of Winthrop Eaton, Declaration, Geauga Co., OH

  • 7 July 1837. Not extant.
  • Ca. 27 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 277–278, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

October (4)

27 October 1837

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

  • 27 Oct. 1837; Geauga County Court of Common Pleas, Journal, vol. N, p. 252, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
Ca. 27 October 1837

Execution, Chardon, Geauga Co., OH

  • Ca. 27 Oct. 1837. Not extant.
    1

    See Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery].


Ca. 27 October 1837

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

  • Ca. 27 Oct. 1837; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 157, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of David D. Aiken; notation in unidentified handwriting; notation in handwriting of Charles H. Foot; notation in handwriting of David D. Aiken with signature of Abel Kimball.
Ca. 27 October 1837

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 27 Oct. 1837; Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 277–278, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.

1838 (1)

March (1)

27 March 1838

Capias ad Satisfaciendum, Chardon, Geauga Co., OH

  • 27 Mar. 1838. Not extant.
    1

    See Docket Entry, Costs, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery].


1839 (1)

April (1)

29 April 1839

Fieri Facias, Chardon, Geauga Co., OH

  • 29 Apr. 1839. Not extant.
    1

    See Docket Entry, Costs, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery].


1840 (1)

August (1)

14 August 1840

Receipt, Chardon, Geauga Co., OH

  • 14 Aug. 1840. Not extant.
    1

    See Docket Entry, Costs, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery]. Sherlock Andrews and John Foot, lawyers acting on behalf of Winthrop Eaton, provided a receipt for $6.76 to Geauga Co., Ohio, Clerk David D. Aiken.


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Related Case Documents
Editorial Title
Introduction to Eaton v. JS and O. Cowdery
ID #
14874
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Invoice, Winthrop Eaton to Smith & Cowdery, 11 Oct. 1836; Longworth’s American Almanac [1836], 231; Williams, New-York Annual Register [1836], 504; Ames, Autobiography and Journal, [12].

      Longworth’s American Almanac, New-York Register, and City Directory, of the Sixty-First Year of American Independence. . . . New York: Thomas Longworth, 1836.

      Williams, Edwin. New-York Annual Register for the Year of Our Lord 1836. Containing an Almanac, Civil and Judicial List; with Political, Statistical and Other Information, respecting the State of New-York and the United States. New York: Edwin Williams, 1836.

      Ames, Ira. Autobiography and Journal, 1858. CHL. MS 6055.

    2. [2]

      Although the invoice from Eaton attributed this purchase to “Smith & Cowdery,” contextual evidence suggests that this was a purchase on behalf of the mercantile firm of Rigdon, Smith & Cowdery, which had made several purchases from wholesale merchants in New York City in October 1837. (See Historical Introduction to Deed to William Marks, 10 April 1837–B.)

    3. [3]

      See Invoice, Winthrop Eaton to Smith & Cowdery, 11 Oct. 1836; Documents, Volume 5, Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837; and Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837.

    4. [4]

      Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery]. Assumpsit was an action brought to recover damages for breach of a simple contract or for the recovery of money; it was “the usual remedy upon promissory notes.” (Swan, Practice in Civil Actions and Proceedings at Law, 1:14.)

      Swan, Joseph R. The Practice in Civil Actions and Proceedings at Law, in Ohio, and Precedents in Pleading, with Practical Notes; together with the Forms of Process and Clerks’ Entries. 2 vols. Columbus: Isaac N. Whiting, 1845.

    5. [5]

      Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery]. It is unknown why Cowdery could not be located. On 6 June 1837, he notified the Kirtland trustees that he had received his commission to act as a newly elected justice of the peace for the city. (Kirtland Township Trustees’ Minutes and Poll Book, 6 June 1837, p. 154.)

      Kirtland Township Trustees’ Minutes and Poll Book, 1817–1838. Lake County Historical Society, Painesville, OH.

    6. [6]

      Special Bail, 10 June 1837 [Eaton v. JS and O. Cowdery].

    7. [7]

      Declaration, 7 July 1837 [Eaton v. JS and O. Cowdery]; Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery].

    8. [8]

      “Be it known unto the Saints scattered abroad greeting,” Elders’ Journal, Nov. 1837, 27.

    9. [9]

      Transcript of Proceedings, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery]; Docket Entry, Judgment, 27 Oct. 1837 [Eaton v. JS and O. Cowdery].

    10. [10]

      Docket Entry, Costs, ca. 27 Oct. 1837 [Eaton v. JS and O. Cowdery]

    11. [11]

      JS left Kirtland on 12 January and arrived in Far West on 14 March. (See Revelation, 12 Jan. 1838–C; and JS Journal, Mar.–Sept. 1838, 16.)

    12. [12]

      Application for Bankruptcy, ca. 14–16 April 1842, in JSP, D9:364–369.

      JSP, D9 / Smith, Alex D., Christian K. Heimburger, and Christopher James Blythe, eds. Documents, Volume 9: December 1841–April 1842. Vol. 9 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2019.

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