The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Introduction to Newbould v. Rigdon, Smith & Cowdery Capias ad Respondendum, 20 April 1837 [Newbould v. Rigdon, Smith & Cowdery] Special Bail, 5 June 1837 [Newbould v. Rigdon, Smith & Cowdery] Declaration, circa 8 July 1837 [Newbould v. Rigdon, Smith & Cowdery] Docket Entry, Discontinuance, 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery] Docket Entry, Costs, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery] Transcript of Proceedings, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery]

Transcript of Proceedings, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery]

Source Note

Transcript of Proceedings, [
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

More Info
, Geauga Co., OH], ca. 24 Oct. 1837, Newbould v. Rigdon, Smith & Cowdery (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 351–353; handwriting of Charles H. Foot; signature presumably of
Van R. Humphrey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

View Full Bio
; Geauga County Archives and Records Center, Chardon, OH.

Historical Introduction

See Introduction to Newbould v. Rigdon, Smith & Cowdery.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Special Bail, 5 June 1837 [ Newbould v. Rigdon, Smith & Cowdery ] Capias ad Respondendum, 20 April 1837 [ Newbould v. Rigdon, Smith & Cowdery ] Declaration, circa 8 July 1837 [ Newbould v. Rigdon, Smith & Cowdery ] Transcript of Proceedings, circa 24 October 1837 [ Newbould v. Rigdon, Smith & Cowdery ]

Page 352

fifth day of June AD 1837.
Martin Harris

18 May 1783–10 July 1875. Farmer. Born at Easton, Albany Co., New York. Son of Nathan Harris and Rhoda Lapham. Moved with parents to area of Swift’s landing (later in Palmyra), Ontario Co., New York, 1793. Married first his first cousin Lucy Harris, 27 Mar...

View Full Bio
and Hiram Corey of the County of
Geauga

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
personally appeared before me
D[avid] D Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

View Full Bio
Clerk of the Court of Common Pleas of the said County of
Geauga

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
and severally acknowledged themselves to owe unto
John A. Newbo[u]ld

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
the sum of eight hundred dollars each to be levied upon their several goods and chattels, lands, tenements and real estates upon condition that if the defendants
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
, Joseph Smith Jnr. and
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

View Full Bio
shall be condemned in this action at the suit of
John A. Newbold

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
the plaintiff they shall pay the costs and condemnation of the Court or be rendered or rendered or render themselves into the custody of the
Sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

View Full Bio
of said
County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
for the same; or in case of failure that the said
Martin Harris

18 May 1783–10 July 1875. Farmer. Born at Easton, Albany Co., New York. Son of Nathan Harris and Rhoda Lapham. Moved with parents to area of Swift’s landing (later in Palmyra), Ontario Co., New York, 1793. Married first his first cousin Lucy Harris, 27 Mar...

View Full Bio
and Hiram Corey will pay the costs and condemnation for them. Taken and acknowledged the day and year above written before me.
D. D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

View Full Bio
Clerk.”
And thereupon it was ordered by the Court that this cause be continued until the next term of said court.— Afterwards to wit, on the eighth day of July in the year aforesaid, the plaintiffs filed in the office of the
Clerk

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

View Full Bio
aforesaid, his declaration in the words and figures following to wit:—
“The State of Ohio,
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
ss. [scilicet]} In the Court of Common Pleas,
Vacation

“Period of time between the end of one term [of court] and beginning of another.”

View Glossary
after June Term 1837—
John A. Newbo[u]ld

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
complains of
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
, Joseph Smith Jnr. &
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

View Full Bio
under the firm of
Rigdon, Smith & Cowdery

A mercantile partnership composed of Sidney Rigdon, JS, and Oliver Cowdery, likely formed in June 1836. The partnership purchased wholesale goods on credit, using promissory notes, from merchants in Buffalo, New York, in June 1836. In September 1836, the ...

View Glossary
, in a plea of the case for that whereas the defendants under the name of their said firm of
Rigdon, Smith & Cowdery

A mercantile partnership composed of Sidney Rigdon, JS, and Oliver Cowdery, likely formed in June 1836. The partnership purchased wholesale goods on credit, using promissory notes, from merchants in Buffalo, New York, in June 1836. In September 1836, the ...

View Glossary
on the seventeenth day of June eighteen hundred thirty six, at
Buffalo

Located in western New York on eastern shore of Lake Erie at head of Niagara River and mouth of Buffalo Creek. County seat. Settled by 1801. Land for town allocated, 1810. Incorporated as village, 1813, but mostly destroyed later that year during War of 1812...

More Info
to wit, at
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

More Info
Geauga County Ohio, made his promissory note in writing & delivered the same to the said
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
and thereby promised to pay to the said
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
or order two hundred eighty seven 32/100 dollars in six months from the date of the said note which period has now elapsed, and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
according to the tenor and effect thereof.—
John A. Newbo[u]ld

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
complains of
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
Joseph Smith Jr. and
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

View Full Bio
under the firm of
Rigdon, Smith & Cowdery

A mercantile partnership composed of Sidney Rigdon, JS, and Oliver Cowdery, likely formed in June 1836. The partnership purchased wholesale goods on credit, using promissory notes, from merchants in Buffalo, New York, in June 1836. In September 1836, the ...

View Glossary
in a plea of the case for that whereas the defendants under the name of their said firm on the twentieth day of December eighteen hundred thirty six at
Buffalo

Located in western New York on eastern shore of Lake Erie at head of Niagara River and mouth of Buffalo Creek. County seat. Settled by 1801. Land for town allocated, 1810. Incorporated as village, 1813, but mostly destroyed later that year during War of 1812...

More Info
to wit,
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

More Info
Geauga County was indebted to the
Plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
in the sum of four hundred dollars for the price and value of goods then & there bargained and sold by the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
to the defendants at their request: And in the sum of four hundred dollars for the price and value of goods then and there sold and delivered by the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
to the defendants at their request: and in the sum of four hundred dollars of the price and value of work then and there done and materials for the same provided by the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
for the defendant at their request: And in the sum of four hundred dollars for money then and there lent by the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
to the defendants at their request: And in the sum of four hundred dollars for money then and there paid by the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
for the use of the defendant at their request: And in the sum of four hundred dollars for money then and there received by the defendants for the use of the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
: And in the sum of four hundred dollars for money found to be due from the defendants to the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
on an account then and there stated between them: And whereas the defendants afterwards on the first day of January eighteen hundred thirty seven in consideration of the premises then and there promised to pay the said several sums of money to the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
on request. Yet they have disregarded their promises & have not paid the said several sums of money nor either of them nor any part thereof, To the damage of the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
four hundred dollars and thereupon he brings suit &c.
<​Perkins & Osborn
Plff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
s Attys.”​>
And now at this term of said Court, that is to say, at the term thereof first aforesaid come the said parties and by their mutual agreement this cause is discontinued at the costs of the defendants. It is therefore considered by the Court that the
plaintiff

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

View Full Bio
recover against the defendants his costs and charges by him in and about the prosecuting of this suit in that behalf expended, taxed at ten dollars and seventy- [p. 352]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page 352

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 24 October 1837 [Newbould v. Rigdon, Smith & Cowdery]
ID #
3481
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Charles H. Foot

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06