Jesse Jeffery v. Schlesinger & Gillett Record

[Image of page 2] Territory of Arkansas } County of Laurence } ss Pleas before James Campbell and Spencer Crouch Esquire, judges of the court of commonpleas, within and for the county of Laurence and territory of Arkansas, at the town of Davidsonville, in the first Monday of November, it being the fifth day of the month, in the year of our Lord One thousand eight hundred and twenty one, and of the Independence of the United States of America the fortysixth year= ~Be it remembered that heretofore Towit, on the 22nd day of September, in the year of our Lord one thousand eight hundred and twenty one, Arnold Scheslinger and Aaron Gillett, merchants, and doing business under the name style & firm of Scheslinger & Gillett by Richard Searcy their attorney filed in the office of the clerk of the clerk for the county aforesaid their declaration in an action on the case against Jesse Jeffrey, and the proceedings therein, are in the words and figures following Towit—Territory of Arkansas. County of Laurence. SS=In the Court of CommonPleas in and for the county aforesaid November Term AD 1821. ~Arnold Scheslinger and Aaron Gillett merchants trading and doing business under the name, style and firm of Scheslinger & Gillett by Richard Searcy their attorney complain of Jesse Jeffrey of a plea of trespass on the case, for that whereas heretofore Towit, on the first day of August in the year of our Lord one thousand eight hundred and twenty one, at county of Laurence aforesaid, in consideration that the said plaintiffs at the special instance and request of the said defendant would deliver to the said defendant divers goods and merchandize, of great value Towit of the value of two thousand dollars of lawful money of the United States to be sold and disposed of by the said defendant or and on account [Image of page 3] of the said plaintiffs for a reasonable reward to him said defendant in that behalf he the said defendant undertook and promised the said plaintiff to sell and dispose of said goods wares and merchandize for the said plaintiffs and to render a true and just account of the sale thereof and of the monies arrising from such sale to the said plaintiffs whenever after the sale thereof the said defendant should be thereunto requested, and although the said plaintiffs confiding and trusting in the honesty, interity and diligence of the said defendant did afterwards Towit, on the same day and year aforesaid, at the county aforesaid deliver the said goods and merchandize to the said defendant for the purposes aforesaid, and although the said defendant did afterwards To wit on the first day of September in the year of our Lord one thousand eight hundred and twenty one at the county aforesaid sell and dispose of the said goods and merchandize for and in the accunt of the said plaintiffs for divers sums of money, in the whole amounting to the sum of two thousand dollars of like lawful money and although the said plaintiffs afterwards Towit on the same day and year last aforesaid, at the county aforesaid, requested the said defendant so to do Yet the said defendant not regarding his said several promises and undertakings, but contriving and craftily intending to deceive and defraud the said plaintiffs in this behalf hath not rendered to the said plaintiffs a just and true or other account of the said goods and merchandize or any part thereof, or of the monies arrising from such sale or any part thereof but the said defendant hath hitherto wholly refused and still doth refuse so to do– ~And whereas afterward Towit, on the same day and year aforesaid at the county aforesaid in consideration that the said plaintiff at the [Image of page 4] like special instance and request of the said defendant had delivered, to the said defendant divers other goods and chattels of great value to wit of the value of two thousand dollars, to be sold and disposed of by the said defendant for the said plaintiffs, he the said defendant undertook to render a just and reasonable account of the said last mentioned goods and chattels to the said plaintiffs whenever afterwards he the said defendant should be thereunto requested, and although the said defendant then & there had received the said last mentioned goods & chattels of and for the said plaintiffs for the purposes last aforesaid, yet the said defendant not regarding his said several promises and undertakings, but contriving and craftily intending to deceive and defraud the said plaintiffs in this behalf hath not rendered to the said plaintiffs a just and reasonable, or other account of the said, last mentioned goods & chattels or any part thereof, although the said defendant on the same day and year last aforesaid at the county aforesaid was requested by the said plaintiffs so to do, but the said defendant hath wholly refuses and still doth refuse so to do—and whereas also the said defendant afterwards to wit on the day and year last aforesaid at the county aforesaid was indebted to the said plaintiffs in the further sum of two thousand dollars of like lawful money for as much money by the said defendant before that time had and received to and for the use of the said plaintiffs and being so indebted, he the said defendant in Consideration thereof, afterwards Towit on the day and year last aforesaid at the county [Image of page 5] aforesaid undertook then & there faithfully promised the said plaintiffs to pay the said last mentioned sum of money when he the said defendant should be thereunto afterwards requested - And whereas also the said defendant afterwards Towit on the day and year last aforesaid, at the County aforesaid accounted with the said plaintiffs of and owing divers other sums of money for the said defendant to the said plaintiffs before that time due and owing & then in arrear and unpaid and upon such accounting the said defendant was then and there found to be in arrear and indebted to the said plaintiff the further sum of two thousand dollars of like lawful money. And being so found in arrear and indebted the said defendant in Consideration thereof aftwards Towit on the same day & year last aforesaid at the county aforesaid undertook & then and there faithfully promised the said plaintiffs to pay them the said last mentioned sums, when he the said defendant should be thereuntoafterwards requested - Nevertheless the said defendant not regarding his said several promises and undertakings but contriving and fraudulently intending to deceive & defraud the said plaintiffs in this behalf, hath not as yet paid the said several sums of money or any part of them or any part thereof to the said plaintiffs, although often requested so to do, but to pay the same he the said defendant hath hitherto wholly refused & still doth refuse [Image of page 6] so to do, to the damage of the said plaintiff of two thousand dollars and therefore they bring suit R Searcy Plff atty

The clerk of the court of commonpleas for the county of Laurence will please issue a summons of the foregoing declaration & endorse the same an action of trespass on the case Dams $2000.00 Searcy for Plff.

We command you to summon the within named Jesse Jeffrey if he may be found in your bailiwick to be and appear before the Judges of our Court of Commonpleas to be holden at the town of Davidsonville in and for the county aforesaid on the first monday of November next then there to answer the within Scheslinger & Gillett of the within complaint and have you then there this writ - Witness Henry Sanford clerk of our said court at office the 22 day of September A.D. 1821 - and of our Independence the forty sixth

filed September 22d, 1821 Hy Sanford clk This is an action of trespass on the case summons issued, damages $2000, Hy Sanford clk=Strawberry township October the sixth eighteen hundred & twenty one, executed the [Image of page 7] within by reading to the within named Jesse Jeffrey - Service 80 cts, milage $2.00 James M.Kuykendall Dept. Shff - At the said November Term of the said Court of commonpleas the following proceedings were had in this case = Scheslinger & Gillett } vs } Case Jesse Jeffrey } the plaintiffs by their attorneys comes, and the defendant in his own proper person, whereupon the parties agree to file their pleas and come to trial at the next term of this court, & this cause is Continued by consent of the parties -

aterwards at the January term of the circuit court, on the 4th day of the term, it being the 17th day of the said month of January, in the year 1822, before the honorable Thomas P. Eskridge judge of the said circuit court, the following proceedings were had = Territory of Arkansas, Laurence County Scheslinger & Gillett vs Jesse Jeffrey = In the circuit court, of the term of January 1822 And the said Jesse Jeffrey comes and defends the wrong and injury when &c and saith that he did not undertake or promise in the manner and form as the said plaintiffs hath thereof above complained against him and of this he puts himself upon the country &c Samuel S. Hall Atty

Arnold Scheslinger &} Aaron Gillett } Case = Damages 2000$ vs } Jesse Jeffrey } ~And now at this day came the parties by their attorneys whereupon came a jury Towit Jarret Benkey, John Williams, Samuel Crowley, George Thompson, Reason Davis, Robert M. Williams, Michael Stubblefield, Fielden Stubblefield, William McAdoo, Thomas Crowley, John Miller and Reuben Richardson twelve good and lawful men who being duly elected tried and sworn on their oaths do say "we of the jury find for the plaintiffs the sum of two thousand dollars in damages" Therefore it is considered and adjudged by the court that the plaintiffs do have and recover of the defendant Jesse Jeffrey their damages aforesaid, in form aforesaid assessed to the sum of two thousand dollars together with their Costs & charges by them laid out, and about their suit in this behalf expended & the said defendant in mercy &c Whereupon on motion of the defendant by his attorney, defendant Jesse Jeffrey is permitted to take his to the superior court for a further trial. And the said Jesse Jeffrey and Edward Richardson comes here into court and acknowledges to owe to Arnold Schelslinger and Aaron Gillett plaintiffs the sum of four thousand dollars to be levied of their respective goods and Chattels lands and tenements to be void on this condition [Image of page 9] condition Towit that said Jesse Jeffrey will prosecute this appeal with effect, or, in default thereof to pay the damages and cost of suit. Scheslinger & Gillett vs Jesse Jeffrey, In the circuit court of the term of January in the year 1822 = Be it remembered that in the trial of this cause, the plaintiffs offered in evidence their original book of entries having previously proved that they kept a correct book of entries as merchants, and also proved that they were regular merchants trading under the style and firm of Scheslinger & Gillett & that said book was the hand writing of said plaintiffs, to which evidence the defendant objected, and the court overruled said objection, and the court instructed the jury that it was not necessary to prove any special request, in this case, the commencement of the suit being a request in law & the defendant offered to prove the payments of the several sums in the declaration mentioned, and there being no plea of payment or notice of setoff, the court rejected said last mentioned evidence to which several opinions of the court the defendant accepts, and that this bill of exception may be signed sealed and enrolled- Thos. P. Eskridge [written seal]

Territory of Arkansas }
County of Laurence } SS I Henry Sanford clerk of the circuit court in and for the county and territory aforesaid do certify that the foregoing eight pages and a half contain a true transcript of the record and proceedings had between the parties therein named

[paper seal]      in testimony whereof I have hereunto set my hand and affixed my seal of office at 
                        Davidsonville in the county and territory aforesaid this 25th day of February 
                        A.D. 1822 and of the Independence of the United States of America the forty sixth 
                        year.                                                                                            Hy Sanford clerk
                                                                                                                    of Laurence county AT

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