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Introduction to G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery Summons, 28 March 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Declaration, circa 29 April 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Docket Entry, Judgment, 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Docket Entry, Costs, circa 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Transcript of Proceedings, circa 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Assignment of Judgment, 17 March 1838 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Notice, 1 May 1838 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Docket Entry, Motion, 4 May 1841 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]

Transcript of Proceedings, circa 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]

Source Note

Transcript of Proceedings, [
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. ...

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], Geauga Co., OH, ca. 5 June 1837, G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 126–128; handwriting of Charles H. Foot; signature presumably of
Van R. Humphrey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

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; Geauga County Archives and Records Center, Chardon, OH.

Historical Introduction

See Introduction to G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Declaration, circa 29 April 1837 [ G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery ] Summons, 28 March 1837 [ G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery ]
Transcript of Proceedings, circa 5 June 1837 [ G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery ]

Page 126

Pleas before the Court of Common Pleas, within and for the County of
Geauga

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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and State of
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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, on the fifth day of June in the year of our Lord one thousand eight hundred and thirty seven.
Be it remembered, that heretofore to wit, at the March term of said court in the year aforesaid,
G. C <​A.​> H. [George A. H. Patterson]

ca. 1810–23 Sept. 1843. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Lived in Hudson, Columbia Co., New York. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning...

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&
J[ohn] Patterson

ca. 1812–1 Jan. 1852. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning 1832, in Buffalo. Involved in case of G...

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by Paine [Payne] & Wil[l]son their Attorneys, sued out of the office of the Clerk of said Court, a Writ of Summons against
R[eynolds] 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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& others in the words and figures following, to wit:
“The State of Ohio )
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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ss. )
Seal
To 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...

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of said
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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. . . Greeting: We command you that you summon
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.,...

View Full Bio
,
Jared Carter

14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...

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&
Hiram [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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of the firm of
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...

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and
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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,
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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& Joseph Smith Jr. of 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 ...

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, to appear forthwith before our court of Common Pleas for said
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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, now sitting at the Court house in
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. ...

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, to answer unto
George A. H. Patterson

ca. 1810–23 Sept. 1843. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Lived in Hudson, Columbia Co., New York. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning...

View Full Bio
&
John Patterson

ca. 1812–1 Jan. 1852. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning 1832, in Buffalo. Involved in case of G...

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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.”

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to their damage one thousand dollars, as is said. Herein fail not, but of this writ and your service make due return. Witness
Van R. Humphrey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

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President of said Court at
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. ...

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this twenty eighth day of March A.D. 1837.
D[avid] 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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Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brot. on note given by def[endan]ts. dated
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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Dec. 14th 1836 for $596.46 and payable at the
Bank of Geauga

Organized, Oct. 1831, with capital stock of $100,000. Originally located on first floor of building at corner of Main and State streets in Painesville village. Made loan to JS, Dec. 1835. New building completed, 1836.

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one month after date to the order of Gardner & Patterson and endorsed to pl[ainti]ffs; also for goods, wares and merchandize, sold and delivered, &c. Amt. due $603.91”
The foregoing writ was forthwith returned into court by 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...

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of our said
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
endorsed as follows, to wit:
“The State of Ohio,
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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ss.) I have obeyed the command of this Writ by leaving true copies with Defts.
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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on the 29th.
Jared Carter

14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...

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,
Hiram 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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, Joseph <​Smith​>

Insertion in unidentified handwriting.


Jr.
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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, on the 29th. day of March 1837,
O. 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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not found, Sh[eri]ff. office March 29th. 1837
A[bel] Kimball

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...

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2d. Shff. by
E[ber] Benjamin

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Deputy.”
And thereupon it was ordered by the court that this cause be continued until the next term of said court.
Afterwards to wit, on the twenty ninth day of April in the year aforesaid the plaintiffs by their said attorneys filed with the Clerk aforesaid, their declaration in the words and figures following, to wit:
“State of Ohio)
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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ss.)
Court of Common Pleas,
vacation

“Period of time between the end of one term [of court] and beginning of another.”

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after March Term A.D. 1837.
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.,...

View Full Bio
,
Jared Carter

14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...

View Full Bio
,
Hiram [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
, Joseph Smith Jr. and
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
, (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
having returned “not found as to
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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” against whom process in this case also issued) were summoned to answer unto
George A. H. Patterson

ca. 1810–23 Sept. 1843. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Lived in Hudson, Columbia Co., New York. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning...

View Full Bio
and
John Patterson

ca. 1812–1 Jan. 1852. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning 1832, in Buffalo. Involved in case of G...

View Full Bio
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
, whereupon the said plaintiffs by Payne & Wil[l]son their Att[orney]ys. complain of the defendants, for that whereas on the fourteenth day of December in the year one thousand eight hundred and thirty six to wit, at
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
[p. 126]
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Source Note

Document Transcript

Page 126

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]
ID #
4517
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Charles H. Foot
  • Unidentified

Footnotes

  1. new scribe logo

    Insertion in unidentified handwriting.

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