Transcript of Proceedings, circa 5 June 1837 [Martindale v. JS et al.]
Source Note
Transcript of Proceedings, [], Geauga Co., OH, ca. 5 June 1837, Martindale v. JS et al. (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 106–108; handwriting of ; signature presumably of ; Geauga County Archives and Records Center, Chardon, OH.
in said the said defendants (the said using the name & style of ) made their promissory note in writing and delivered the same to the said , and thereby then & there jointly and severally promised for value received to pay the said or order five thousand dollars on the first day of January next after the date thereof, which period has now elapsed; and the said defendants then and there in consideration of the premises jointly and severally promised the said to pay him the amount of the said note according to its tenor and effect; And also for that whereas afterwar[d]s, to wit, on the twentieth day of February A.D. 1837. at aforesaid, in the aforesaid, the said defendants were jointly and severally indebted to the said in the sum of six thousand dollars for so much money by the said defendants before that time lent and advanced to, and paid, laid out and expended for the said defendants and at their special instance and request; and also in the further sum of six thousand dollars for so much money by the said defendants before that time had and received to and for the use of the said : and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid, at aforesaid, in the aforesaid, jointly and severally undertook and then and there faithfully promised the said to pay him the said sums of money in this court mentioned on request: Yet they have disregarded their promises & have not paid nor hath any or either of them paid the said several sums of money, or any or either of them or any part thereof; to the damage of the said of seven thousand five hundred dollars, & therefore he brings his suit, &c.
s. Att[orne]y.”
And now at this term of said court that is to say, at the term thereof first aforesaid, come the said parties and by their mutual agreement this cause is settled and discontinued at the costs of the defendants. It is therefore considered by the court, that the recover against the defendants his costs and charges by him in and about the prosecuting of this suit, in that behalf expended, taxed at five dollars and fifty cents: and it is ordered by the court, that the defendants pay the costs and charges by them made in and about the defending of this suit, taxed at ninety one cents, and in default thereof, that issue to collect the same.