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John T Davies Indorsee
vs } Assumpset
Robert Crittenden
The clerk of the Superior Court is hereby Directed to Issue a writ of Error to operate as a supersedeas on the said Robert Crittenden entering into bond a recognizance with sufficient Security to the above named John T Davies Indorsee as aforesaid in double the amount of the Judgment within mentioned conditioned according to the form of the statute in such case made and provided given under my hand at Littlerock this 4th day of November 1830
J Woodson Bates
One of the Judges of the Superior Court of the Territory of Arkansas

John T Davies assignee
vs
Robert Crittenden

copy $3.30
cert & seal .50
$3.80

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Territory of Arkansas
Pulaski County
ss
Circuit Court July Term on the 4th Monday of July AD 1829

Pulaski County ss
John T Davies Indorsee plaintiff in this suit by his attorney complains of Robert Crittenden defendant in this suit being in custody &co of a plea of Trespass on the case upon promises for that whereas the said defendant heretofore to wit on the twenty seventh day of January in the year one Thousand Eight Hundred and twenty six to wit in the County of Pulaski aforesaid 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 and which the said plaintiff brings now into court ready to be shown bearing date the same day and Year aforesaid and then and there delivered the said Note to one Johnson Malone whose name is written in said promissory note in the style and after the manner of J Malone by which said Note the said defendant then and there promised to pay the said Johnson Malone by the name and style of J Malone on demand the sum of one Hundred and sixty four dollars and fifty cents and the said Johnson Malone by the style of J Malone 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 and before the payment of the said sum of money within the said note specified endorsed the said note his own proper hand being to such indorsement subscribed in the words and figures following to wit. For value received I do assign the within Note to J. T. Davies this 11th March 1826 J Malone by which said indorsement he the said J Malone then and there ordered and appointed the said sum of money in the said note specified to be paid to the said John T Davies and he the said Malone then and there delivered the said Note so endorsed as aforesaid to the said John T Davies of which said indorsement so made on the said Note [Image of page 3] Note as aforesaid the said defendant afterwards to wit on the day and year last aforesaid had notice by means whereof and by force of the statute in such case made and provided he the said defendant became liable to pay to the said John T Davies the sum of money in the said note specified according to the tenor and effect of the said Note and of the said endorsement so made thereon as aforesaid and being so liable he the said defendant in consideration thereof afterwards to wit on the day and year last aforesaid undertook and then and there faithfully promised the said John T Davies to pay him the said sum of money in the said Note specified according to the tenor and effect of the said Note and of the said endorsement so made thereon as aforesaid

And whereas also the said defendant heretofore to wit on the twenty seventh day of January in the year one Thousand Eight Hundred and twenty six to wit in the County of Pulaski aforesaid and within the jurisdiction of this Court made his certain other note in writing commonly called a promissory note his own proper hand being thereunto subscribed and which the said Plaintiff brings now into court ready to be shown bearing date the same day and year last aforesaid and then and there delivered the said other note to one Johnson Malone whose name is written in said promissory note in the style and after the manner of J Malone by which said other note he the said defendant then and there promised to pay the said Johnson Malone by the name and style of J Malone in ninety days from the date thereof the sum of one Hundred and seventy Nine dollars in the words and figures following to wit Due J Malone one Hundred and seventy nine dollars for value received in furniture this day delivered to me for others on my responsibility to be paid by them or me in ninety days 27th Jan 1826 Robert Crittenden and the said Johnson Malone by the style of J Malone to whom the payment of the said sum of money on the said other note specified was by the said other note to be made after the making of the said other note and before the payment of the said sum of money in the said other note specified endorsed the said other note his own proper hand being to such endorsement subscribed [Image of page 4] in the words and figures following to wit. For value received I do assign the within note to J. T. Davies this 11th March 1826 J Malone – by which said indorsement he the said J Malone then and there ordered and appointed the said sum of money in the said other note specified to be paid to the said John T Davies and he the said Malone then and there delivered the said other note so indorsed as aforesaid to the said John T Davies of which said endorsement so made on the said other note as aforesaid the said defendant afterwards to wit on the day and year last aforesaid had notice by means whereof and by force of the statute in such case made and provide he the said defendant became liable to pay to the said John T Davies the sum of money in the said other note specified according to the tenor and effect of the said other note specified according and of the said endorsement so made thereon as aforesaid And being so liable he the said defendant in consideration thereof afterwards to wit on the day and year last aforesaid undertook and then and there faithfully promised the said John T Davies to pay him the said sum of money in the said other note specified according to the tenor and effect of the said other note specified and of the said endorsement so made thereon as aforesaid. And whereas also the said defendant heretofor to wit on the twenty seventh day of January in the year one Thousand Eight Hundred and Twenty six to wit in the County of Pulaski aforesaid and within the jurisdiction of this Court made his certain other note in writing commonly called a promissory note his own proper hand being thereunto subscribed and which the said plaintiff brings now into court ready to be shown bearing date the same day and year aforesaid and then and there delivered the said other and last mentioned note to one Johnson Malone whose name is written in said promissory note in the style and after the manner of J Malone by which said other and last mentioned note he the said defendant then and there promised to pay the said Johnson Malone by the name and style of J Malone three months after the date thereof the sum of Two Hundred and fifty dollars for value received in the words and figures following to wit. Due J Malone Two Hundred and fifty dollars three months after date for value received this 27th Jan 1826. Robert Crittenden and the said Johnson Malone by the style of J Malone to whome the payment of the said sum of [Image of page 5] of money in the said other and last mentioned note specified was by the said other and last mentioned note to be made after the making of the said other and last mentioned note and before the payment of the said sum of money in the said other and last mentioned note specified indorsed the said other and last mentioned note his own proper hand being to such endorsement subscribed in the words and figures following to wit" I do assign the within note to J.T. Davies for value received this 11th March 1826 J Malone by which said indorsement he the said J Malone then and there ordered and appointed the said sum of money in the said other and last mentioned note specified to be paid to the said John T Davies and he the said J Malone then and there delivered the said other and last mentioned note so endorsed as aforesaid to the said John T Davies of which said indorsement so made on the said other and last mentioned note as aforesaid the said defendant afterwards to wit on the day and year last aforesaid had notice by means whereof and by the force of the statute in such case made and provided he the said defendant became liable to pay to the said John T Davies the sum of money in the said other and last mentioned note specified according to the tenor and effect of the said other and last mentioned note and of the said indorsement so made thereon as aforesaid and being so liable he the said defendant in consideration thereof afterwards to wit on the day & year last aforesaid undertook and then and there faithfully promised the said John T Davies to pay him the said sum of money in the said other and last mentioned note specified according to the tenor and effect of the said other and last mentioned note and of the said endorsement so made thereon as aforesaid

Nevertheless the said defendant not regarding his said several promises and undertakings but contriving and fraudulently intending to deceive and defraud the said John T Davies in this behalf hath not as yet paid the said sum of money or any part thereof which is in the first count of this declaration mentioned and set forth and also contriving and fraudulently intending to deceive and defraud the said John T Davies in this behalf he the said defendant hath not as yet paid the said sum of money [Image of page 6] or any part thereof which is in the second count of this declaration mentioned and set forth. And also contriving and fraudulently intending to deceive and defraud the said John T Davies in this behalf he the said defendant hath not as yet paid the said sum of money or any part thereof which is in the third Count of this declaration mentioned and set forth although often & repeatedly requested to pay each every and all of said several sums of money Neither did he the said defendant at any time before the assignment or indorsement of the aforesaid several notes so in manner and form as aforesaid assigned or indorsed pay either or any of said several sums of money to the said Johnson Malone to whome the payment of the aforesaid several sums of money in the above specified notes was by said notes made payable Neither did he the said defendant at anytime before the assignment or indorsement as aforesaid of the said Notes above specified described and set forth pay any part of either of the said several sums of money mentioned contained and set forth in said several notes though often requested so to do But the said defendant to pay him the said John T Davies any part of the said several sums of money in the above specified notes mentioned hath hitherto wholly neglected and refused so to do and still doth neglect and refuse so to do to the damage of the said John T Davies the sum of one Thousand dollars and therefore he brings his suit &c.
C. Ashley att for Plff

The Clerk of the Circuit Court in and for the county of Pulaski will please issue a Summons in this case directed to the Sheriff of said County to serve and return and will indorse thereon = "Action of Trespass on the case upon promises Damages One Thousand dollars
June 24th AD 1829 C. Ashley att for plff

I Benj T Potter do hereby obligate myself to Robert Crittenden in the sum of One Hundred dollars to be void on the payment by John T Davies of all costs that may accrue or may be legally adjudged against him upon the prosecution of the within cause Witness my hand and seal this [Image of page 7] 24 day of June AD 1829
Benj T Potter (seal)
Bond filed this 25 day of June 1829

Territory of Arkansas
United States of America
ss
To the Sheriff of Pulaski County
Greeting = You are hereby commanded to summon Robert Crittenden if he be found in within your bailiwick to appear before the judge of our Circuit Court at the Court House in the County aforesaid on the first day of our next July term then and there to answer John T Davies assignee of Johnson Malone to a plea of Trespass on the case upon promises damages One Thousand 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 the seal of Office this 25th day of June 1829 and of the Independence of the United States the fifty third
J H Caldwell DC
for Thos. W. Newton Clerk

(seal)

on which are the following indorsements (To wit)
filed this 25th June 1829 - JH Caldwell D.C.

This is an action of Trespass on the case upon promises
damages One Thousand dollars = J.H Caldwell D.C.
for Thos. W. Newton Clerk

Executed the within by reading the writ & declaration to Robert Crittenden on the 29th day of June 1829 in Big Rock Township
Service $.80
S.M. Rutherford Sherff

Davies
vs
Robert Crittenden
The following are the copies of the Notes set forth in Plaintiffs declaration given in Oyer — viz

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Due J Malone one Hundred and sixty four dollars fifty cents on demand signed Robt Crittenden
Jany 27 1826

$179 Due J Malone one Hundred and seventy nine dollars for value received in furniture this day delivered to me for others on my responsibility to be paid by them or me in Ninety days 27 Jan 1826 signd Robt Crittenden

$200 due J Malone Two Hundred and fifty dollars Three months after for value received this 27th Jan 1826
signed Robt Crittenden

On the first of which notes a credit of Eighty four dollars is entered February 20 1826

United States of America
Territory of Arkansas
County of Pulaski
Sct
Pulaski Circuit Court at the July Term for 1829 thereof present the Honorable Benjamin Johnson

John T Davies Indorsee &c Plff
vs } Assumpsit
Robert Crittenden def
This day came the defendant by Samuel S Hall his attorney in this behalf and Craved oyer of the writing declared on in this suit

Territory of Arkansas
Pulaski County
In the Circuit Court of the Term of July 1829
Robert Crittenden
adsm
John T Davies Indorsee &co
And now at this day comes the said Robert Crittenden by his attorney and defends the wrong and injury when &c and craves oyer of the said supposed promissory notes in the first second & third counts of said plaintiffs declaration mentioned &c
Sam Hall atty

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which being read and heard the said defendant saith that he did not undertake or promise in manner and form as the said plaintiff hath above thereof of the several Counts in his said declaration complained against him and of this he puts himself upon the Country &c
Sam Hall attorney

and the plaintiff doth the Like
Chester Ashley Plff

John T Davies Indorsee &c Plaintiff
vs } assumpsit
Robert Crittenden deft

This day came as well the plaintiff by Chester Ashley his attorney as the defendant by Samuel S Hall and the defendant pleads non assumpsit to which the plaintiff filed a joinder and on motion of the defendant this suit is continued until the next term of this Court

November Term 1829

John T Davies assignee &c Plaintiff
vs } assumpsit
Robert Crittenden defendant

This day came the said defendant in his own proper person and in open court swore to and filed his affidavit and thereon moved the Court to continue this case to the next term of this Court and the Court being now sufficiently advised concerning the same said motion doth order that the same be sustained and that this case be continued to the next term of this Court at the costs of said defendant
October Term 1830

John T Davies assignee of Johnson Malone
vs } assumpsit
Robert Crittenden
And now on this day came the plaintiff by Chester Ashley his attorney as also the defendant by Samuel S Hall Esq his attorney and neither party requiring a jury the case was submitted to the Court and [Image of page 10] and it appearing to the satisfaction of the Court that the defendant is indebted to the plaintiff the sum of Six Hundred and Thirty seven dollars and forty nine cents in damages for the non performance of certain promises and undertakings on the declaration mentioned by him lately made. It is therefore considered by the Court that the said plaintiff have and recover of the said defendant the aforesaid sum of Six Hundred and Thirty seven dollars and forty nine cents in damages as aforesaid with interest at the rate of Six per cent per annum on the same from this date untill paid together with his costs by him about this suit in this behalf expended and the said defendant in mercy &c

Territory of Arkansas
County of Pulaski
Sct
I Joseph Henderson Clerk of the Circuit Court in and for the County aforesaid do Hereby certify that the annexed and foregoing copy contained in pages from one to Nine inclusive contain a full true and perfect transcript of the declaration writ plea and orders of Court in the above case

In Testimony whereof I have hereunto set my hand as Clerk and affixed the seal of said County this 2d day of November AD 1830 and of the Independence of the United States the fifty fifth
Joseph Henderson
DC

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