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Introduction to Bank of Geauga v. JS et al. Capias ad Respondendum, 22 March 1837 [Bank of Geauga v. JS et al.] Special Bail, 25 March 1837 [Bank of Geauga v. JS et al.] Declaration, circa 24 April 1837 [Bank of Geauga v. JS et al.] Docket Entry, Discontinuance, 6 June 1837 [Bank of Geauga v. JS et al.] Transcript of Proceedings, circa 6 June 1837 [Bank of Geauga v. JS et al.] Docket Entry, Costs, circa 6 June 1837 [Bank of Geauga v. JS et al.]

Transcript of Proceedings, circa 6 June 1837 [Bank of Geauga v. JS et al.]

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. 6 June 1837], Bank of Geauga v. JS et al. (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 67–69; 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 Bank of Geauga v. JS et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Declaration, circa 24 April 1837 [ Bank of Geauga v. JS et al. ] Capias ad Respondendum, 22 March 1837 [ Bank of Geauga v. JS et al. ] Special Bail, 25 March 1837 [ Bank of Geauga v. JS et al. ]
Transcript of Proceedings, circa 6 June 1837 [ Bank of Geauga v. JS et al. ]

Page 67

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, The President, Directors & Co. of 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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sued out of the office of 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 said Court, a writ of
Capias

Latin for “that you take”; a writ or process commanding a sheriff or other officer to take a defendant into legal custody. Each use of this term is adapted to the purposes indicated by additional words used for its designation. When a summons was not the ...

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, against Joseph Smith Jr. & 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. [scilicet])
SEAL
1

TEXT: “SEAL” enclosed in a hand-drawn representation of a 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 take Joseph Smith Jr.
Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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&
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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, and them safely keep so that you have them forthwith before the 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 in session at the Court House in the town of
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 the President Directors & Company of 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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, in a plea of the case; damages four thousand dollars; and have you then there this writ.
Witness, the Hon.
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 Judge 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 22d 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 is brought to recover the amount of a promisory note given by defts. to
plff.

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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dated January 2d. 1837. for the sum of three thousand dollars, forty five days after date, at their
Banking house

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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in
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

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; and also for money lent and advanced, by
Plffs.

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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to Defts.— Sum now appearing due $3018 00/100.”
The foregoing writ was forthwith returned into Court by the Sheriff 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...

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, 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 executed this writ by arresting the within named defendants on the 24. day of March A.D. 1837 & have them in Court,
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. Geo. W Purple Deputy.”
And thereupon the said defendants entered into recognizance of special bail, in the words and figures following, to wit:
“The President Directors & Co.)
of 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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)
vs) Case—
Joseph Smith Jr.
Newel K.

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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)
Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
&
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 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...

More Info
ss. [scilicet])
Be it remembered, that on the twenty fifth day of [p. 67]
View entire transcript

|

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Source Note

Document Transcript

Page 67

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 6 June 1837 [Bank of Geauga v. JS et al.]
ID #
4504
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Charles H. Foot

Footnotes

  1. [1]

    TEXT: “SEAL” enclosed in a hand-drawn representation of a seal.

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