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Bartley Harrington v. Adam Stroud
Record

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Bartley Harrington
vs } Transcript of Record
Adam Stroud

This transcript 2640 words $2.62 ½
certificate & Seal - .50
$3.12 ½
attest
Isaac Ward Clk

Filed 12th Jany 1831
W Field clk

Costs Taxed page 128

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United States of America
Territory of Arkansas
County of Clark } Sct.
Pleas before the Honourable the Judge of the Clark Circuit Court held at the house of Adam Stroud in said County of Clark, on the south East quarter of Section twenty eight in Township seven south in Range twenty one West On Tuesday the twenty eighth day of September in the year of Our Lord One Thousand eight hundred and Thirty
Be it remembered that heretofore to wit on the Seventh day of April in the year of Our Lord One thousand eight hundred and twenty nine Bartley Harrington by Chester Ashley his attorney filed in the clerks office of the said Clark Circuit Court his certain declaration in an action of tresspass on the case on promises against Adam Stroud which said declaration is in the words and figures following to wit

Territory of Arkansas
Clark County } ss
In the Circuit Court of Clark County March Term 1829
Bartley Harrington Plaintiff in this suit complains of Adam Stroud defendant in this suit in Custody &c of a plea of trespass on the case upon promises for that where as the said defendant on the fourteenth day of September in the year one thousand eight hundred twenty seven to wit in the County of Clark in the Territory of Arkansas and within the Jurisdiction of this court made his certain note in writing commonly called a promissory note his own proper hand being thereunto subscribed & which the said plaintiff brings now into court here the date where of is the same day & year last aforesaid & then & there dilivered the said note to one Benjamin Clark by which Said note he the said defendant then & there promised nine months after the date of said [Image of page 3] promissory note to pay to said Benjamin Clark the Sum of one hundred and ninety Eight dollars & seventy five cents to bear interest at the Rate of Six per cent per annum until paid for value Received and the said Benjamin Clark to whom the payment of the said sum of money in the said note specified was by the said note to be made after the making of the said note & before the payment of the said sum of money in the said note specified or any part thereof to wit on the day & year last aforesaid at the place & within the Jurisdiction aforesaid indorsed the said note his own proper hand being to such indorsment subscribed by which indorsment he the said Benjamin Clark then & there assigned & indorsed the said note to the said plaintiff & by such indorsment or assignment Ordered and appointed the said sum of money in said note specified to be paid to the said plaintiff & then & there delivered the said note so indorsed as aforesaid to the said plaintiff of which said indorsement so made on the said note as aforesaid the said defendant afterwards to wit on the day & year last aforesaid had notice by means whereof & by force of the statute in such case made & provided he the said defendant became liable to pay the said plaintiff the said sum of money in the said note specified according to the tenor & effect of the said note & the said indorsement so made thereon as aforesaid & being so liable he the said defendant in consideration there of afterwards to wit on the day & year last aforesaid at the place & within the Jurisdiction aforesaid undertook & then & there faithfully promised the said plaintiff to pay him the said sum of money in the said note specified according to the tenor & effect of the said note & of the said indorsement so was made thereon as aforesaid Nevertheless the said defendant not regarding the said promise and undertaking but contriving & fraudulently intending to deceive & defraud the said plaintiff in this behalf has not as yet paid the said sum of money or any part thereof to the said Benjamin Clark before the said assignment or indorsement or to the [Image of page 4] said plaintiff since said assignment or indorsement altho often Requested So to do But the said defendant to pay him the same has hitherto wholly neglected & refused & still does neglect & refuse to the damage of the said plaintiff of four hundred Dollars & therefore he brings suit &c
Chester Ashley Plff Atty

The Clerk of the Circuit Court for the County of Clark will issue a summons on the foregoing Declaration to the Sheriff of Clark County in an action of assumpsit damages $400
C. Ashley Plff atty

On which said declaration is the following indorsement to wit
Bartley Harrington
vs
Adam Stroud
this is an action of Trespass on the case on promises damage $400 Summons no bail Required
Clark Circuit Court April Term A.D. 1829
Filed April 7th 1829
attest Daniel Ringo Clk

On which said declaration being filed as aforesaid a writ of Summons thereon indorsed issued which is in the words & figures following to wit
Territory of Arkansas
United States of America }ss
To the Sheriff of Clark county Greeting
You are hereby commanded to Summon Adam Stroud if he may be found within your bailiwick to appear before the Judge of Our Circuit Court at at a Court to holden at or near the house of Adam Stroud in the County aforesaid on the first day of Our Instant April term then and there to answer Bartley Harrington assignee of [Image of page 5] Benjamin Clark to a plea of trespass on the case in assumpsit damage Four hundred Dollars and that you make due Return of this writ to Our Said Court
In testimony whereof I have set my hand as Clerk and affixed my private Seal no Seal of Said court being provided this 7th day of April 1829 and of the independence of the United States the fifty third
Daniel Ringo clerk

(Seal)

On which Said writ the Sheriff made the following endorsements and Return to wit Served on the Defendant Adam Stroud on the 10th day of April 1829 by reading in Caddo Township
Service 80
James Miles Shff

And afterwards to wit at the Term of Said Circuit Court appointed by Law to be held on the fourth Monday in April in the year of our Lord one Thousand Eight hundred & twenty nine no Judge appearing to hold said Court on Tuesday the twenty eighth day of said month being the second day of said term the Court was adjourned by Order of the Clerk thereof until Court in Course

And afterwards to wit at a court Continued and held near the house of Adam Stroud on the South East quarter of section twenty eight in township seven South in Range twenty one west before the Honourable William Trimble one of the Judges of the Superior Court of Said Territory assigned by Law to hold the court in and for the Several counties of the first Judicial Circuit therein of which the County of Clark aforesaid then was one


The following Order was made and Entered in said suit to wit
Bartley Harrington Plff
vs } Assumpsit
Adam Stroud deft
This day came the deft by Thomas Hubbard his attorney and craved oyer of the promissory note in plaintiffs declaration mentioned and of the indorsements or assignments of said promissory note which said prayer of*
(side)
* see star at bottom = Oyer is as follows to wit Adam Stroud ads Bartley Harrington assignee of Benjamin Clark assumpsit The said Stroud comes and craves oyer of the promissory note in the plaintiffs declaration declared on and also the assignment or indorsement thereof Hubbard Atty Pro Df
Filed April 18 1829 attest
Daniel Ringo clk

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And afterwards to wit at the same court continued and held as aforesaid on Wednesday the 19th of August A.D. 1829 the following Entry was made in the record of Said Suit To wit
Bartley Harrington assignee of Benjn Clark Plff
vs } assumpsit
Adam Stroud deft
The defendant this day filed his plea of non assumpsit in this cause to which the plaintiff filed a joinder ( see star in margin )
* and on motion of the defendant this cause is continued until the next term of this court
[margin]
Which are as follows viz Adam Stroud ads Bartley Harrington assignee of Benjamin Clark- Assumpsit-And the said Adam Stroud by Thomas Hubbard his attorney comes and defends the wrong and injury when &c and says that the did not undertake or promise in manner and form as the said Bartley Harrington hath above thereof complained against him and of this he puts himself upon the country.
Joinder
A. H. Sevier for plaintiff
Filed August 19 1829
attest Daniel Ringo clk

And afterwards to wit at the term of said court appointed by Law to be holden on the Last Monday in march in the year of our Lord one thousand Eight Hundred & thirty present the Honourable William Trimble one of the Judges of the Superior Court of said Territory and assigned by Law to hold the courts in and for the first Judicial Circuit therein of which the county of Clark aforesaid is one

The following order was made and entered in said Suit to wit
Bartley Harrington
vs } case in assumpsit
Adam Stroud
And now at this day appeared the parties aforesaid by their Attornies and on the affidavit of the defendant it is ordered that this case be Continued and it is also considered by the court that the said plaintiff have and Recover of said Defendant the costs of the continuance

And afterwards to wit; = at a circuit court commenced and held at the house of Adam Stroud in the county of Clark and Territory aforesaid on Monday the 27th day of September in the year of our Lord one thousand eight hundred and thirty it being the last Monday in said month Present the Honourable Thomas P. Eskridge one of the Judges of the Superior court of said Territory assigned [Image of page 7] by law to hold Circuit Court in and for the territory and circuit aforesaid;- The following Order was made and Entered in said Suit to wit
Bartley Harrington Plff
vs } Assumpsit
Adam Stroud Deft
And now at this day came the parties aforesaid by their attorneys and the case being Submitted and the parties heard and the court not now sufficiently advised takes time to consider; =
And afterwards to wit at the same court continued and held aforesaid on tuesday the 28th of September A.D. 1830 the following Entry was made in the record of Said Suit to wit
Bartley Harrington assignee Plff
vs } Assumpsit
Adam Stroud deft
And now at this day came the parties aforesaid by their attorneys and neither party requiring a Jury the case was Submited to the court and the parties being fully heard & the court now sufficiently advised of and concerning the premises doth consider that the plaintiff have and Recover of the defendant the sum of two hundred and twenty five dollars fifty seven cents in damages together with his costs in and about this suit expended

And afterwards to wit at the same court continued and Held as aforesaid on thursday the 30th day of September A.D. 1830 the following Entry was made in the record of said suit to wit
Bartley Harrington assee Plff
vs } assumpsit
Adam Stroud Deft
And now at this day came the defendant by his attorney and moved the court for a new trial for Reasons in writing filed and also to arrest the Judgment in this suit rendered for his Reasons in writing filed

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And afterwards to wit at the same court continued and held as aforesaid on Saturday the 2nd day of October AD 1830 the following Entry was made in the Record of said Suit to wit
Bartley Harrington assee &c
vs } Assumpsit
Adam Stroud
The court being now sufficiently [advised] of and concerning the motions made on yesterday for a new trial and in arrest of Judgment doth Overrule the same whereupon the deft by his counsel filed his bill of Exceptions which is ordered to be made a part of the record, which is done accordingly and which is In the words and figures following to wit

Bartley Harrington assee &c
vs }
Adam Stroud
In the Clark Circuit Court
In the October Term thereof in the year A.D. 1830
Be it remembered that here to fore to wit on the first day of the present term of this court this cause came on for hearing and was submitted to the court neither partiy requiring a Jury and the same was Submitted on the plea of non assumpsit previously filed and issue thereon previously made up between the parties and that on the trial of said cause the plaintiff produced and offered in evidence in support of the issue joined a note in writing in the words and figures following to wit
$198 75/100
Nine months after date I promise to pay Benjamin Clark the sum of one hundred and ninety Eight dollars & 75 cents to bare interest at the rate of six per cent per annum until paid for value received this 14th September 1827
A. Stroud
Witness M. Collins
on which said note in writing is an endorsement as follows to wit: B. Clark "This being all the evidence produced by the plaintiff; the defendant by his counsel moved the court to Enter a non suit in said cause on the ground that the evidence produced was not sufficient to support the issue on the part of said plaintiff because the blank endorsement did not vest in the plaintiff Such a legal interest in said note as is sufficient to support an action in his own name as assignee or endorsee of said note against the defendant the maker of said note and also because the plaintiff had failed to prove the making of said note by the defendant or the assignment thereof by the payee Benjamin Clark [Image of page 9] Been endorsed in blank or that the said endorsement was made by Benjamin Clark the payee of said note

2nd the court erred in its opinion and decision that a blank endorsement made on a promissory note transfers the property and legal interest in and to such a note so endorsed to the holden thereof
3rd The court Erred in its opinion and decision that in an action of assumpsit Brought by and in the name of the assignee of a promissory note against the maker thereof on the plea of non assumpsit it is not competent for the defendant to dispute or impeach the assignment

4th The court erred in Refusing to permit the defendant to introduce evidence to impeach the assignment of the note on which the suit was founded
for the Reasons aforesaid and for other reasons the said defendant prays that the Judgment Entered in this cause may be set aside and a new trial granted him
Hubbard & Ringo for Deft
And also to arrest the Judgment given and entered in this cause and filed his Reasons there for in writing which are in the words and figures following to wit
Bartley Harrington assee &c
vs }
Adam Stroud
In the Clark Circuit Court
September Term 1830
Trespass on the case in assumpsit
And now at this day comes the said defendant by his attorney comes and moves the court to arrest the Judgment given in this cause against him for the following reasons to wit
1st Because the plaintiff has misconceived his action and brought his action of trespass on the case in assumpsit founded on a note in writing Signed by the defendant whereas the action ought to have [Image page 10] accrue by reason of such appeal then this recognizance to be void, otherwise to remain in full force and virtue in Law
Costs taxed in said suit to wit
attorney ashley-$6.00
Sheff Miles- 80
Sheff D.T. Witter- 75
Shiriff Butler ..10
Dito Wells- ..10
Clerk Ringo- 3..60
Dito Ward- 4.75
$16.10

Territory of Arkansas
County of Clark } Sct
I Isaac Ward Clerk of the Circuit Court in and for the county aforesaid do hereby Certify that the foregoing pages hereunto attached contain a full true and complete transcript of the Record and proceedings had in the Suit therein mentioned between the Bartley Harrington plaintiff and Adam Stroud defendant as true and complete as the same remain of record or file in my office
In testimony whereof I have hereunto Set my hand as Clerk and affixed the seal of Said Court at my office in Clark County this 27th day of November AD 1830 and of the independence of the United States the fifty fifth
Isaac Ward Clk

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