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Introduction to Bailey, Keeler & Remsen v. JS and O. Cowdery Promissory Note to Bailey, Keeler, & Remsen, 12 October 1836 Praecipe, 7 September 1837 [Bailey, Keeler & Remsen v. JS and O. Cowdery]

Praecipe, 7 September 1837 [Bailey, Keeler & Remsen v. JS and O. Cowdery]

Source Note

Lord Sterling

14 May 1805–21 Jan. 1905. Lawyer, judge. Born in Lima, Ontario Co., New York. Son of James Sterling and Mabel Chester. Married Ellen Elizabeth Allen Sterling, 1 Nov. 1835. Moved to Willoughby, Lake Co., Ohio, before 1837. Admitted to the bar, 1837. Attorney...

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,
Praecipe

“The written instructions given by an attorney or plaintiff to the clerk or prothonotary of a court, whose duty it is to make out the writ.”

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, [
Willoughby

Village located in northeastern Ohio at mouth of Chagrin River, about three miles northwest of Kirtland, Ohio, and four miles from Lake Erie. Area settled, 1797. Township formerly named Charlton, then Chagrin. Became home of Willoughby Medical College, 1834...

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, Cuyahoga Co., OH], to
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...

More Info
Court of Common Pleas Clerk [
David D. Aiken

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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], [
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

More Info
, Geauga Co., OH], 7 Sept. 1837, Bailey, Keeler & Remsen v. JS and O. Cowdery (Geauga Co., OH, Court of Common Pleas 1837, not litigated); handwriting of
Lord Sterling

14 May 1805–21 Jan. 1905. Lawyer, judge. Born in Lima, Ontario Co., New York. Son of James Sterling and Mabel Chester. Married Ellen Elizabeth Allen Sterling, 1 Nov. 1835. Moved to Willoughby, Lake Co., Ohio, before 1837. Admitted to the bar, 1837. Attorney...

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; docket by
Lord Sterling

14 May 1805–21 Jan. 1905. Lawyer, judge. Born in Lima, Ontario Co., New York. Son of James Sterling and Mabel Chester. Married Ellen Elizabeth Allen Sterling, 1 Nov. 1835. Moved to Willoughby, Lake Co., Ohio, before 1837. Admitted to the bar, 1837. Attorney...

View Full Bio
, [
Willoughby

Village located in northeastern Ohio at mouth of Chagrin River, about three miles northwest of Kirtland, Ohio, and four miles from Lake Erie. Area settled, 1797. Township formerly named Charlton, then Chagrin. Became home of Willoughby Medical College, 1834...

More Info
, Cuyahoga Co., OH, 7 Sept. 1837]; two pages; Lord Sterling Papers, Lake County Historical Society, Painesville, OH.

Historical Introduction

See Introduction to Bailey, Keeler & Remsen v. Smith & Cowdery.

Page [1]

John J Bailey

Ca. 1797–after 1870. Merchant, grocer. Born in New York. Son of James Bailey and Catharine Brinckerhoff. Married Cordelia L. Cruger, 23 Dec. 1820, in New York City. Partner in firm of Bailey & Remsen, 1825–1831, in New York City. Partner in firm of Bailey...

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Charles Keeler

9 Apr. 1789–1 Apr. 1840. Merchant. Born in New York. Moved to New York City, as early as 1810. Married first Eliza Davis, 4 Apr. 1810, in New York City. Wife died, 23 May 1822, in New York City. Married second Rebecca. Partner in firm of Bailey, Keeler & ...

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Edward Remsen

27 Feb. 1800–24 Nov. 1878. Merchant, grocer. Born in New York Co., New York. Son of Henry J. Remsen and Sarah. Married first Mary Van Wyck, 18 Apr. 1826, in Poughkeepsie, Dutchess Co., New York. Married second Matilda White, 11 Apr. 1832, in Fishkill, Dutchess...

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&
Benjamin Graham

1810–25 Jan. 1864. Merchant, farmer. Born in Scotland. Immigrated to U.S. and lived in New York City, by 1837. Partner in firm of Bailey, Keeler & Remsen, 1837. Married Evelina White, 19 Dec. 1839, in Fishkill, Dutchess Co., New York. Moved to Crocker’s Grove...

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Partners in trade doing business under the firm of Bailey Keeler & Remsen)
In
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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Dam. $3000
vs)
Joseph Smith Junior &
Oliver Cowd[e]ry

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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)
Issue a Summons returnable at the next term Endorse “suit Brot on note of hand given by Defts to Pltffs for the sum of eighteen hundred and four dollars and ninety <​four​> eight cents ($1804.94/100
1

TEXT: Possibly “$1804 94/100”.


) dated
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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12th October 1836 and payable nine months aft[e]r
2

TEXT: Possibly “afte[r]”.


date at the Bank of Cleveland Also for goods sold and delivrd Money had and received and on account stated amount appearing to be due 1824.94/100”
September 7th 1837
L[ord] Sterling

14 May 1805–21 Jan. 1905. Lawyer, judge. Born in Lima, Ontario Co., New York. Son of James Sterling and Mabel Chester. Married Ellen Elizabeth Allen Sterling, 1 Nov. 1835. Moved to Willoughby, Lake Co., Ohio, before 1837. Admitted to the bar, 1837. Attorney...

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Atty for Pltff
To 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 Court of Common Pleas
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
[1/3 page blank] [p. [1]]
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Document Information

Related Case Documents
Editorial Title
Praecipe, 7 September 1837 [Bailey, Keeler & Remsen v. JS and O. Cowdery]
ID #
1663
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Lord Sterling

Footnotes

  1. [1]

    TEXT: Possibly “$1804 94/100”.

  2. [2]

    TEXT: Possibly “afte[r]”.

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