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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]

Introduction to Newbould v. Rigdon, Smith & Cowdery

Page

Newbould v. Rigdon, Smith & Cowdery
Geauga Co., Ohio, Court of Common Pleas, 24 October 1837
Historical Introduction
 
On 20 April 1837,
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,...

More Info
merchant
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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initiated legal proceedings in 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 against 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
to collect payment on an overdue promissory note.
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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—acting on behalf of the firm—had purchased hardware, tools, and various household items totaling $264.54 from Newbould on 17 June 1836, giving the hardware merchant a promissory note that was payable in six months.
1

Capias ad Respondendum, 20 Apr. 1837 [Newbould v. Rigdon, Smith & Cowdery]; Invoice, John Newbould to Rigdon, Smith & Cowdery, 17 June 1836. Two reminiscent accounts identify Oliver Cowdery and Hyrum Smith as the men who traveled to New York to purchase merchandise in 1836, but the date of their trip is not specified. Newbould’s business was located at 189 Main Street in Buffalo, New York. (Ames, Autobiography and Journal, [12]; Clark, Gleanings by the Way, 333; Directory for the City of Buffalo, 114.)


Comprehensive Works Cited

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

Clark, John A. Gleanings by the Way. New York: Robert Carter, 1842.

A Directory for the City of Buffalo; Containing the Names and Residence of the Heads of Families and Householders, in Said City, on the First of May, 1836. Buffalo, NY: L. P. Crary, 1836.

After the note became due and payment was not made, Newbould engaged the services of lawyers
William Perkins

22 Jan. 1799–1 Dec. 1882. Teacher, attorney, insurance agent, politician. Born in Ashford, Windham Co., Connecticut. Son of William Perkins and Mary Lee. Moved to Hartford, Hartford Co., Connecticut, to study law, ca. 1822. Admitted to Connecticut bar, May...

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and
Salmon Osborn

21 Oct. 1804–4 Mar. 1904. Attorney, bank executive. Born in Walton, Delaware Co., New York. Son of Samuel Osborn and Polly Webster. Moved to Jefferson, Ashtabula Co., Ohio, 1813; to Erie, Erie Co., Pennsylvania, 1814; and to Sandusky, Huron Co., Ohio, 1816...

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, whose firm, Perkins & Osborn, commenced the suit against Rigdon, Smith & Cowdery. On 20 April 1837, the Geauga County Court of Common Pleas issued a writ of
capias ad respondendum

Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...

View Glossary
, leading to the arrest 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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, JS, and Oliver Cowdery on 25 April 1837; they were released on bail the same day.
2

See Declaration, 8 July 1837 [Newbould v. Rigdon, Smith & Cowdery]; Capias ad Respondendum, 20 Apr. 1837 [Newbould v. Rigdon, Smith & Cowdery]; and An Act concerning Mesne Process in Civil and Criminal Cases [10 Feb. 1831], Statutes of Ohio, vol. 3, p. 1718, secs. 1, 4.


Comprehensive Works Cited

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.

On 5 June,
Martin Harris

18 May 1783–10 July 1875. Farmer. Born at Easton, Albany Co., New York. Son of Nathan Harris and Rhoda Lapham. Moved with parents to area of Swift’s landing (later in Palmyra), Ontario Co., New York, 1793. Married first his first cousin Lucy Harris, 27 Mar...

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and Hiram Corey entered special bail at the court on JS’s behalf, meaning they would be held liable for court costs and the debt claimed by Newbould if judgment was rendered in favor of the plaintiff. In July, Perkins & Osborn filed a declaration on Newbould’s behalf claiming $400 in damages.
3

Special Bail, 5 June 1837 [Newbould v. Rigdon, Smith & Cowdery]; Declaration, 8 July 1837 [Newbould v. Rigdon, Smith & Cowdery]. Though the declaration claimed that the initial note was for $287.32, that figure represented the value of the goods sold ($264.54) plus interest at seven percent over fifteen months (June 1836–September 1837). Seven percent was the highest amount allowed by New York law. Though the plaintiff’s declaration appears to ask for multiple damages, each for $400 and for a different reason, the damages amounted to a single sum of $400, expressed in various ways. This followed legal procedures of the times. (See Invoice, John Newbould to Rigdon, Smith & Cowdery, 17 June 1836; Of Title to Personal Property, in Certain Cases, Revised Statutes of the State of New-York, title 3, p. 771, sec. 1; and Swan, Practice in Civil Actions and Proceedings at Law, 1:212–217.)


Comprehensive Works Cited

The Revised Statutes of the State of New-York, Passed During the Years One Thousand Eight Hundred and Twenty-Seven, and One Thousand Eight Hundred and Twenty-Eight: To Which Are Added, Certain Former Acts Which Have Not Been Revised. 3 Vols. Albany: Packard and Van Benthuysen, 1829.

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.

The following September, Perkins & Osborn reached an agreement to consolidate and renegotiate the unpaid debts 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
with four
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,...

More Info
firms, including
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...

View Full Bio
’s.
4

On 1 September 1837, Perkins & Osborn helped the Kirtland Township, Ohio, mercantile firms of Rigdon, Smith & Cowdery and Cahoon, Carter & Co. renegotiate their debts with four wholesale New York mercantile firms: John A. Newbould; Halsted, Haines & Co.; Mead & Betts; and Holbrook & Ferme. As part of this renegotiation, JS and his partners signed new promissory notes for their debt to Newbould due in increments of twelve, eighteen, and twenty-four months. (See Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.)


This likely explains why the parties came to a “mutual agreement” to discontinue the suit at the October 1837 term of the court. 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
Court of Common Pleas assessed court costs to the defendants and in November issued a
fieri facias

Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”

View Glossary
that was returned unsatisfied “for want of property.” A second fieri facias was issued in April 1838, wherein properties of the defendants were levied to pay costs for the Newbould case and the judgment for Kelley v. Rigdon, Smith & Cowdery, but the properties “were not sold for want of time.”
5

Transcript of Proceedings, ca. 24 Oct. 1837 [Newbould v. Rigdon, Smith & Cowdery]; Docket Entry, Costs, ca. 24 Oct. 1837 [Newbould v. Rigdon, Smith & Cowdery].


Church agent
Oliver Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

View Full Bio
continued efforts to pay 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,...

More Info
debts in 1839.
6

See Agreement with Mead & Betts, 2 Aug. 1839; John Newbould to Oliver Granger, Agreement, ca. 2 Aug. 1839, Hiram Kimball Collection, CHL.


Comprehensive Works Cited

Kimball, Hiram. Collection, 1830–1910. CHL.

The consolidated
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...

View Full Bio
debt was listed in JS’s 1842 bankruptcy application, but a decision was not rendered on his petition for bankruptcy before his death in 1844. Though several New York firms submitted and were allowed claims against the estate of JS, Newbould’s was not among them.
7

Application for Bankruptcy, ca. 14–16 Apr. 1842, in JSP, D9:366; Hancock County, IL, Claim Records, 1840–1866, vol. C, p. 242, microfilm 947,480, U.S. and Canada Record Collection, FHL. This suggests either that Newbould submitted a claim that was rejected by the Hancock County Probate Court, that he gave up pursuing payment of the debt, or that the debt was paid prior to JS’s death.


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.

U.S. and Canada Record Collection. FHL.

 
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)

June (2)

17 June 1836

John Newbould, Invoice, Buffalo, Erie Co., NY, to Rigdon, Smith & Cowdery, Kirtland Township, Geauga Co., OH

  • 17 June 1836; JS Office Papers, CHL; printed form with manuscript additions probably in handwriting of John Newbould; docket in handwriting of Oliver Cowdery.
17 June 1836

Rigdon, Smith & Cowdery, Promissory Note, Buffalo, Erie Co., NY, to John Newbould

  • 17 June 1836. Not extant.
    1

    See Transcript of Proceedings, ca. 24 Oct. 1837 [Newbould v. Rigdon, Smith & Cowdery].


 
Geauga Co., Ohio, Court of Common Pleas

1837 (8)

April (2)

20 April 1837

David D. Aiken, Capias ad Respondendum, to Geauga Co. Sheriff, for Sidney Rigdon and Others, Chardon, Geauga Co., OH

  • 20 Apr. 1837. Not extant.
  • Ca. 24 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 351, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
25 April 1837

William Smith and Others, Bond, Kirtland Township, Geauga Co., OH

  • 25 Apr. 1837. Not extant.
    1

    See Capias ad Respondendum, 20 Apr. 1837 [Newbould v. Rigdon, Smith & Cowdery].


  • 25 Apr. 1837. Not extant.
    2

    A copy of the bond was returned with the capias ad respondendum. (See Capias ad Respondendum, 20 Apr. 1837 [Newbould v. Rigdon, Smith & Cowdery].)


June (1)

5 June 1837

Martin Harris and Hiram Corey, Special Bail, before David D. Aiken, Chardon, Geauga Co., OH

  • 5 June 1837. Not extant.
  • Ca. 24 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 351–352, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

July (1)

Ca. 8 July 1837

Perkins & Osborn on behalf of John Newbould, Declaration, Geauga Co., OH

  • Ca. 8 July 1837. Not extant.
  • Ca. 24 Oct. 1837; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 352, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.

October (3)

24 October 1837

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

  • 24 Oct. 1837; Geauga County Court of Common Pleas, Common Pleas Record, vol. N, p. 228, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot.
Ca. 24 October 1837

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

  • Ca. 24 Oct. 1837; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 140, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of Charles H. Foot and David D. Aiken.
Ca. 24 October 1837

Transcript of Proceedings, Chardon, Geauga Co., OH

  • Ca. 24 Oct. 1837; Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 351–353, Geauga County Archives and Records Center, Chardon, OH; handwriting of Charles H. Foot; signature presumably of Van R. Humphrey.

November (1)

14 November 1837

Fieri Facias, Chardon, Geauga Co., OH

  • 14 Nov. 1837. Not extant.
    1

    See Docket Entry, Costs, ca. 24 Oct. 1837 [Newbould v. Rigdon, Smith & Cowdery].


1838 (1)

April (1)

23 April 1838

Alias Fieri Facias, Chardon, Geauga Co., OH

  • 23 Apr. 1838. Not extant.
    1

    See Docket Entry, Costs, ca. 24 Oct. 1837 [Newbould v. Rigdon, Smith & Cowdery].


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Editorial Title
Introduction to Newbould v. Rigdon, Smith & Cowdery
ID #
15846
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Capias ad Respondendum, 20 Apr. 1837 [Newbould v. Rigdon, Smith & Cowdery]; Invoice, John Newbould to Rigdon, Smith & Cowdery, 17 June 1836. Two reminiscent accounts identify Oliver Cowdery and Hyrum Smith as the men who traveled to New York to purchase merchandise in 1836, but the date of their trip is not specified. Newbould’s business was located at 189 Main Street in Buffalo, New York. (Ames, Autobiography and Journal, [12]; Clark, Gleanings by the Way, 333; Directory for the City of Buffalo, 114.)

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

      Clark, John A. Gleanings by the Way. New York: Robert Carter, 1842.

      A Directory for the City of Buffalo; Containing the Names and Residence of the Heads of Families and Householders, in Said City, on the First of May, 1836. Buffalo, NY: L. P. Crary, 1836.

    2. [2]

      See Declaration, 8 July 1837 [Newbould v. Rigdon, Smith & Cowdery]; Capias ad Respondendum, 20 Apr. 1837 [Newbould v. Rigdon, Smith & Cowdery]; and An Act concerning Mesne Process in Civil and Criminal Cases [10 Feb. 1831], Statutes of Ohio, vol. 3, p. 1718, secs. 1, 4.

      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.

    3. [3]

      Special Bail, 5 June 1837 [Newbould v. Rigdon, Smith & Cowdery]; Declaration, 8 July 1837 [Newbould v. Rigdon, Smith & Cowdery]. Though the declaration claimed that the initial note was for $287.32, that figure represented the value of the goods sold ($264.54) plus interest at seven percent over fifteen months (June 1836–September 1837). Seven percent was the highest amount allowed by New York law. Though the plaintiff’s declaration appears to ask for multiple damages, each for $400 and for a different reason, the damages amounted to a single sum of $400, expressed in various ways. This followed legal procedures of the times. (See Invoice, John Newbould to Rigdon, Smith & Cowdery, 17 June 1836; Of Title to Personal Property, in Certain Cases, Revised Statutes of the State of New-York, title 3, p. 771, sec. 1; and Swan, Practice in Civil Actions and Proceedings at Law, 1:212–217.)

      The Revised Statutes of the State of New-York, Passed During the Years One Thousand Eight Hundred and Twenty-Seven, and One Thousand Eight Hundred and Twenty-Eight: To Which Are Added, Certain Former Acts Which Have Not Been Revised. 3 Vols. Albany: Packard and Van Benthuysen, 1829.

      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.

    4. [4]

      On 1 September 1837, Perkins & Osborn helped the Kirtland Township, Ohio, mercantile firms of Rigdon, Smith & Cowdery and Cahoon, Carter & Co. renegotiate their debts with four wholesale New York mercantile firms: John A. Newbould; Halsted, Haines & Co.; Mead & Betts; and Holbrook & Ferme. As part of this renegotiation, JS and his partners signed new promissory notes for their debt to Newbould due in increments of twelve, eighteen, and twenty-four months. (See Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.)

    5. [5]

      Transcript of Proceedings, ca. 24 Oct. 1837 [Newbould v. Rigdon, Smith & Cowdery]; Docket Entry, Costs, ca. 24 Oct. 1837 [Newbould v. Rigdon, Smith & Cowdery].

    6. [6]

      See Agreement with Mead & Betts, 2 Aug. 1839; John Newbould to Oliver Granger, Agreement, ca. 2 Aug. 1839, Hiram Kimball Collection, CHL.

      Kimball, Hiram. Collection, 1830–1910. CHL.

    7. [7]

      Application for Bankruptcy, ca. 14–16 Apr. 1842, in JSP, D9:366; Hancock County, IL, Claim Records, 1840–1866, vol. C, p. 242, microfilm 947,480, U.S. and Canada Record Collection, FHL. This suggests either that Newbould submitted a claim that was rejected by the Hancock County Probate Court, that he gave up pursuing payment of the debt, or that the debt was paid prior to JS’s death.

      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.

      U.S. and Canada Record Collection. FHL.

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