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Promissory Note to Horace Hotchkiss, 12 August 1839–W

Source Note

[
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
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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], Promissory Note,
Commerce

Located near middle of western boundary of state, bordering Mississippi River. European Americans settled area, 1820s. From bank of river, several feet above high-water mark, ground described as nearly level for six or seven blocks before gradually sloping...

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, Hancock Co., IL, to
Horace Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

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, 12 Aug. 1839; handwriting of
Horace Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

View Full Bio
; probable signatures 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...

View Full Bio
, JS, and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
(now missing); one page; JS Collection, CHL.
One leaf measuring 3½ × 7¾ inches (9 × 20 cm), with ten printed lines. The top edge of the leaf was unevenly hand cut, presumably from a larger sheet of paper. The document was folded twice for transmission or filing. The note was likely returned to JS when it was voided, whereupon the signatures were removed and the note was filed with JS’s other papers in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, Illinois. Presumably, the note has remained in continuous institutional custody since then.

Historical Introduction

On 12 August 1839, JS,
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...

View Full Bio
, and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
signed three promissory notes in connection with a bond for land they arranged to purchase that day from
Horace Hotchkiss

15 Apr. 1799–21 Apr. 1849. Merchant, land speculator. Born in East Haven, New Haven Co., Connecticut. Son of Heman Hotchkiss and Elizabeth Rowe. Moved to New Haven, New Haven Co., by 1815. Married Charlotte Austin Street, 22 Feb. 1824, in East Haven. Purchased...

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. This bond was one of two that 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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entered into with Hotchkiss on 12 August for land in and around
Commerce

Located near middle of western boundary of state, bordering Mississippi River. European Americans settled area, 1820s. From bank of river, several feet above high-water mark, ground described as nearly level for six or seven blocks before gradually sloping...

More Info
, Illinois.
1

The other bond was with Hotchkiss and his business partners, John Gillet and Smith Tuttle. (See Bond from Horace Hotchkiss, 12 Aug. 1839–A.)


Hotchkiss created the bonds for the two transactions; the bond associated with the three promissory notes was for land that Hotchkiss arranged to purchase from
William White

25 Apr. 1813–22 Sept. 1872. River pilot. Born in St. Charles, St. Charles Co., Missouri Territory. Son of James White and Lurana Barber. Married first Achsa Golden, 25 Sept. 1838, in Hancock Co., Illinois. Sold property in and around what became Commerce ...

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.
2

See Bond from Horace Hotchkiss, 12 Aug. 1839–B.


One of these promissory notes—for $1,000—was given to White. The two other notes—for $1,250 each—were payable to Hotchkiss; one was due in five years, and the other, featured here, was due in ten years. In April 1840, JS and his
counselors

An assistant appointed next to the presiding authority in an organization in the church. Assistants, or counselors, were first appointed to assist the bishop. They were expected to “understand the laws of the kingdom” in order to assist “in all things pertaining...

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paid White, who provided the men with a deed for the specified land. On 23 October 1840, the First Presidency renegotiated the two notes for Hotchkiss by combining the two payments into one new note for $2,500, due in eight months.
3

JS et al., Promissory Note, Nauvoo, IL, to Horace Hotchkiss, 23 Oct. 1840, JS Collection, CHL. The 23 October 1840 promissory note was paid no later than October 1841 by James Ivins on behalf of JS. (Horace R. Hotchkiss, Fair Haven, CT, to JS, Nauvoo, IL, 11 Oct. 1841; Horace R. Hotchkiss, Fair Haven, CT, to JS, Nauvoo, IL, 9 Nov. 1841, JS Collection, CHL.)


As part of this new agreement, the signatures of the First Presidency were removed from the featured promissory note, indicating the note had been voided.
4

When a promissory note was paid or canceled, the signatures on the note were removed to invalidate the note, ensuring it was no longer negotiable; the invalidated note could then serve as a receipt for payment. Signatures might also be removed to void a note that had been renegotiated. (“Cancellation,” in Bouvier, Law Dictionary, 1:151; Chitty, Practical Treatise on Bills of Exchange, 303.)


Comprehensive Works Cited

Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

Chitty, Joseph. A Practical Treatise on Bills of Exchange, Checks on Bankers, Promissory Notes, Bankers’ Cash Notes, and Bank Notes. 6th American ed. Philadelphia: H. C. Carey and I. Lea, 1826.

Footnotes

  1. [1]

    The other bond was with Hotchkiss and his business partners, John Gillet and Smith Tuttle. (See Bond from Horace Hotchkiss, 12 Aug. 1839–A.)

  2. [2]

    See Bond from Horace Hotchkiss, 12 Aug. 1839–B.

  3. [3]

    JS et al., Promissory Note, Nauvoo, IL, to Horace Hotchkiss, 23 Oct. 1840, JS Collection, CHL. The 23 October 1840 promissory note was paid no later than October 1841 by James Ivins on behalf of JS. (Horace R. Hotchkiss, Fair Haven, CT, to JS, Nauvoo, IL, 11 Oct. 1841; Horace R. Hotchkiss, Fair Haven, CT, to JS, Nauvoo, IL, 9 Nov. 1841, JS Collection, CHL.)

  4. [4]

    When a promissory note was paid or canceled, the signatures on the note were removed to invalidate the note, ensuring it was no longer negotiable; the invalidated note could then serve as a receipt for payment. Signatures might also be removed to void a note that had been renegotiated. (“Cancellation,” in Bouvier, Law Dictionary, 1:151; Chitty, Practical Treatise on Bills of Exchange, 303.)

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

    Chitty, Joseph. A Practical Treatise on Bills of Exchange, Checks on Bankers, Promissory Notes, Bankers’ Cash Notes, and Bank Notes. 6th American ed. Philadelphia: H. C. Carey and I. Lea, 1826.

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Related Case Documents
Editorial Title
Promissory Note to Horace Hotchkiss, 12 August 1839–W
ID #
2080
Total Pages
2
Print Volume Location
JSP, D6:559–560
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