Clary v. Webster Abstract


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Robert Clary v. John Webster
Abstract

On April 10, 1810, John Webster made a note for $105.00, payable to George S. Culberson five days later. Perly Wallis witnessed the note. Culberson assigned the note to Robert Clary, who asked Webster for payment, but was refused. Clary sued in debt, apparently filing his declaration with the Court of Common Pleas in November of 1810. On November 11, Judge Francois Vaugine ordered the clerk, Patrick Cassidy, to issue a writ commanding Sheriff Daniel Mooney to bring John Webster to the court for the December term. However, on November 19^th, the sheriff entered a return of "not found." There is an entry in the record book of the Court of Common Pleas on December 5, 1811, that the cause was "discontinued by order of the Court." On December 6, however, the record book notes that "the defendant by his council Mr. Haden pleads want of consideration and moves for continuance till next term, continuance granted."

On April 6, 1812, the parties again appeared in court. Webster represented himself, having released Anthony Haden. Clary was represented by Perly Wallis. By now damages of $150 were appended to the debt of $105. Both parties consented to postpone the trial. On Saturday, August 8, the plaintiff's attorney appeared in court and acknowledged that the debt had been satisfied. The sheriff's fee had also been paid.

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