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Schlesinger & Gillett
vs } Paper
Jesse Jeffrey

Filed 13th Day Nov? 1821

D.E. McKinney, clk

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Scheslinger & Gillett }
vs }
Jesse Jeffrey }

On motion of the plaintiffs attorney, this case is ordered to the superior court for a final decision, on account of the judge of the circuit court having been originally the plaintiffs council.

Henry Sanford, Clerk of the circuit court in & for the county of Laurence in the Territory of arkansas do certify, that the above is a true copy of the order of the circuit court in the suit of Arnold Schlesinger and Aaron Gillett against Jesse Jeffery, ordering the proceeding therein to be certified to the superior court for a final determination, for the reason above.

Given under my hand and seal of office at Dardanelle, this 28th day of October AD 1822–
Hy. Sanford Clk

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Filed 21st Apr 1823
Territory of Arkansas }
County of Laurence }

In the court of Common pleas in and for the Count of at said September Term AD 1821

Arnold Schlesinger and Aaron Gillett merchants trading and doing business under the name(?) style and firm of Schlesinger Gillett by Richard Searcy their attorney complains of Jesse Jeffery of a plea of trespass on the case for that whereas heretofore to wit on the first day of august in the year of our Lord one thousand eight hundred and twenty one at County of Lawrence aforesaid in consideration that the Said plaintiff at the special instance and request of the said defendant wanted delivered to the said defendant divers goods and merchandise of great value to wit of the value of two thousand dollars of Lawful money of the united States, to be sold and disposed of by the said defendant for and on account of the said plaintiff 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 merchandise for the said plaintiffs and to render a true and just account of the sale thereof and of the monies accrusing from such sale to the said plaintiffs whereas after the sale thereof the said defendant should be thereunto requested and although the said plaintiffs confiding and trusting in the honesty integrity and diligence of the said defendant did afterwards to wit on the same day and year aforesaid deliver the said goods and merchandise up 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 merchandise for and on the account of the said plaintiffs for divers sum of money in the whole amounting to the sum of two thousand dollars of lawful money and although the said plaintiffs afterwards to wit on the same day and year last aforesaid at the county aforesaid requested the said defendant so to do yet the said defendant not [Image of page 4] 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 merchandise or any part thereof but the said defendant hath hitherto wholly refused and still doth refuse so to do and whereas also afterwards to wit on the same day and year aforesaid at the county aforesaid in consideration that the said plaintiff at the 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 plaintiff to the said defendant undertook to render 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 and there had and received the said last mentioned goods and chattels and from the said plaintiffs for the purposes last aforesaid yet the said defendant not regarding his said several promises and undertakings but continuing 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 and chattels or any part thereof although the said defendant on the same day and year aforesaid at the county aforesaid was requested by the said plaintiffs so to do but the said defendant hath hitherto wholly refused and still doth refuse to do so.

And whereas afterwards 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 so 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 undertook and then and there faithfully promised the said plaintiffs to pay the sum the said last mentioned sum of money when he the said defendant should be thereto afterwards requested.

And whereas also the said defendant afterwards to with on the day and year last aforesaid a the county aforesaid accounted to with the said plaintiffs of and concerning divers other sums of money for the said defendant to the said plaintiffs before that time due and owing and [Image of page 5]  made the following return " Strawberry township October the sixth eighteen hundred and twenty one. Executed the within by reading to the within named Jesse Jeffrey service 80 cts, mileage 2.00–
James M Kuykendale Dept Sheriff =

attorney Searcy------------------ $6.00
cost of suit = Clerk Sanford-------------------- 12.91 ½
Jury fee--------------------------- 3.00
Sheriff of Lawrence County---- 14.82
" of Independence do 1.65-------$38.38 ½

Witness fee-------- George Teal------------------- 6.50
John Reed--------------------- 7.00
John Sissums------------------- 7.00
Jarrit McCarty----------------- 4.25
Bradley Williams-------------- 4.70 $29,45
Joseph Martin---------------- 5.20
James Ward-------------------- 5.00
Levi Tailer---------------------- 5.00
John Raney------------------- 4.70
John Trimble----------------- 5.50
Matt Dickinson--------------- 5.50 $30.90
making out the copy 1424 words 10/100-------------------- $1.42.4
" ? 25. certificate seal 50-------------------------------- 75
2.17.4-- 2.17
Total Amount of Costs------------------------------------------------------------- $100.90 ½

Henry Sanford Clerk of the circuit court, in and for the county of Lawrence & territory of arkansas, do certify that the foregoing four pages is a true copy of the declaration with Sheriffs return & costs in the suit wherein Arnold Schlesinger and Aaron Gillett are plaintiffs and Jesse Jeffrey is defendant as the same appears on file in my office-

In witness whereof I have hereunto set my hand and seal of office at Davidsonville this seventeenth day of September AD 1822 and of the Independence of the United States of America the 47th year

Hy. Sanford clk

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