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Introduction to Commercial Bank of Lake Erie v. Cahoon et al. Summons, 26 October 1837 [Commercial Bank of Lake Erie v. Cahoon et al.] Declaration, circa 4 December 1837 [Commercial Bank of Lake Erie v. Cahoon et al.] Docket Entry, Settlement, 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.] Transcript of Proceedings, circa 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.] Docket Entry, Costs, circa 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.]

Transcript of Proceedings, circa 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.]

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. ...

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], Geauga Co., OH, ca. 3 Apr. 1838, Commercial Bank of Lake Erie v. Cahoon et al. (Geauga Co., OH, Court of Common Pleas 1838); Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 5–6; handwriting of Charles H. Foot; Geauga County Archives and Records Center, Chardon, OH.

Historical Introduction

See Introduction to Commercial Bank of Lake Erie v. Cahoon et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Summons, 26 October 1837 [ Commercial Bank of Lake Erie v. Cahoon et al. ] Verdict, 26 February 1842 [ JS v. Shearer ]
Transcript of Proceedings, circa 3 April 1838 [ Commercial Bank of Lake Erie v. Cahoon et al. ]

Page 5

Pleas before the Court of Common Pleas within and for 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...

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in the State of
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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on the third day of April in the year of our Lord one thousand eight hundred & thirty eight.
BE IT REMEMBERED, that heretofore to wit, at the October term of said Court in the year of our Lord one thousand eight hundred and thirty seven, the President, Directors & Company of the
Commercial Bank of Lake Erie

First bank in Cleveland; chartered 1816. Failed, 1820, after Panic of 1819; revived 1832. During Panic of 1837, faltered but did not fail. Charter not renewed by state legislature, 1842. Bank closed and all assets distributed, by 1845. In January 1837, loaned...

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sued out of 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...

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of said Court a writ of Summons against
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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and others, 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...

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ss. [scilicet])
Seal
1

TEXT: “Seal” enclosed in a hand-drawn representation of a seal.


To 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...

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of our 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...

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. . . Greeting:— We command you that you summon
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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, Joseph Smith Jr. and
Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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to appear forthwith before our Court of Common Pleas for 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...

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now sitting at the Court House in
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. ...

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to answer unto The President Directors & Company of the
Commercial Bank of Lake Erie

First bank in Cleveland; chartered 1816. Failed, 1820, after Panic of 1819; revived 1832. During Panic of 1837, faltered but did not fail. Charter not renewed by state legislature, 1842. Bank closed and all assets distributed, by 1845. In January 1837, loaned...

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in a plea of
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money. Assumpsit was a form of trespass on the case. In Ohio law, it was “the usual remedy upon promissory notes.”

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to their damage two thousand dollars as is said. Herein fail not, but of this writ and your service make due return. Witness
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...

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Clerk of said Court at
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. ...

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this 26th. day of October AD 1837. C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:
“Suit brought vs defts as makers of a note of hand given to plffs. or order for $1225, dated
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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July 3d. 1837 & payable at plffs Banking House in
Cleveland

Cuyahoga Co. seat of justice, 1833. Situated on south shore of Lake Erie, just east of mouth of Cuyahoga River. First settled, 1797. Incorporated as village, 1815; incorporated as city, 1836. Became center of business and trade at opening of Ohio and Erie...

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three months after the date thereof. Also for money had and recd. Amt. due $1230.”
The foregoing writ was forthwith returned into Court by the Sheriff of our 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...

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endorsed as follows to wit:— [p. 5]
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Source Note

Document Transcript

Page 5

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.]
ID #
4526
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Charles H. Foot

Footnotes

  1. [1]

    TEXT: “Seal” enclosed in a hand-drawn representation of a seal.

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