Supreme Court of Greene County

Originals located at the State Library at Albany

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Transcribed by Scott Wichman

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Supreme Court

Greene County:  Satisfaction is acknowledged between William Quinby plaintiff and Moses Quinby Defendant of a plea of Debt for Six hundred & fifty seven Dollars fifty eight cents and ten Dollars damages and costs

                                                                        Judgment Docketted

Taken & acknowledged                                  7th August 1823
before me this 29 Septr. 1824
Ambrose Kirtland                                                       Wm. Quinby
Commissioner under the act of 14th Apl 1823

Supreme Court:  William Quinby vs Moses Quinby  Satisfaction

            Van Dyck & Bronk, Attys for Pltf
            charge  A. Kirtland, Esqr
                        chd      7 Aug 1823
                        Entd
                        Filed Octr 4th 1824

To any Attorney or Attornies of any Court of Record in the State of

                                    New-York, or elsewhere

WHEREAS I Moses Quinby by virtue of a certain Bond, or writing obligatory, bearing even date herewith, am held and firmly bound unto William Quinby of Coxsackie County of Greene in penal sum of Six hundred & fifty seven Dollars fifty eight cents money of account of the United States, conditioned for the payment of the sum of three hundred & twenty eight Dollars seventy nine cents of like money, with lawful interest, --

NOW Therefore, you and each of you are hereby authorized to appear for me in any court of Record of the said State, in an action of debt, prosecuted by the said oblige or his representative, to receive a declaration in the said action, and to file common bail, to confess or suffer judgment in the said action, by cognovit, actionem, or otherwise, for the said penalty, or as for so much money borrowed, in term or vacation of term, before or after the date hereof; and the said judgment to be thereupon forthwith entered up against me the said Moses of record, as of any term of the said court.  And for so doing this shall be your sufficient warrant.  And if in entering up of the said judgment, or in the issuing of any execution or executions thereon, or in any other proceeding touching the said judgment, there should be any error or defect, I hereby authorize you, for me, and in my name, to release the same.

In Witness whereof, I have hereunto set my hand and seal the Second day of August in the year of our Lord one thousand eight hundred and twenty three.

SEALED AND DELIVERED,  }
                IN PRESENCE OF    }                               Moses Quinby

words “seventy nine” interlined before Execution, also words “twenty eight”

John J. Brandow
Jno L. Bronk

Supreme Court:          Of the Term of August in the year of our Lord one thousand Eight hundred and twenty three—

Scoharie County:        William Quinby of Coxsackie in the County of Greene plaintiff in this suit complains of Moses Quinby, of the Town of Carlisle in the County of Scoharie defendant in this suit, in custody &c of a plea that the said defendant render unto the said plaintiff six hundred and fifty seven dollars fifty eight cents lawful money of the State of New York which the said defendant owes to and unjustly detains from the said plaintiff, for that—Whereas the said defendant on the second day of August in the year One thousand Eight hundred and twenty three at the Town of Middleburgh in the County aforesaid borrowed of the said plaintiff the said sum of six hundred and fifty seven dollars fifty eight cents, to be paid to the said plaintiff when the said defendant should be thereunto afterwards requested; whereby an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of money above demanded:  Yet the said defendant (although often requested, &c) hath not yet paid the said sum of money above demanded or any part thereof, to the said plaintiff, but to pay the same hath hitherto wholly refused, and still doth refuse to the damage of the said plaintiff of One hundred dollars; and therefore the said plaintiff bring suit &c.

                                                                        Van Dyck & Bronk—Attys for Pltff

Pledgers &c}  John Doe
                        Richard Roe

Scoharie Co.:               William Quinby puts in his place, Abraham Van Dyck and John L. Bronk, his Attorneys against Moses Quinby in a plea of debt—
Supreme Court:          Moses Quinby ads William Quinby—Plea

            And the said Moses Quinby by Absalom Townsend his Attorney, comes and defends the wrong and injury when &c, and says that he cannot deny the action aforesaid of the said plaintiff, nor also but that he does owe to the said plaintiff the said sum of six hundred and fifty seven dollars fifty eight cents in manner an form as the said plaintiff hath above in declaring complained

                                                                        Absalom Townsend, Atty for Defendant

Scoharie Co.:          Moses Quinby puts in his place Absalom Townsend his Attorney, at the suit of William Quinby in the plea aforesaid— 
Supreme Court:     Of the Term of August in the year of our Lord one thousand eight hundred and twenty three—

Scoharie Co.:  Moses Quinby is delivered to bail upon the taking of his body to John Doe and Richard Roe of Middleburgh, in the County aforesaid, gentlemen, in the suit of William Quinby--                               Absalom Townsend—Atty for Deft. 

Supreme Court:          Pleas before the Justices of the People of the State of New York of the Supreme Court of Judicature of the same people at the Academy in the town of Utica, County of Oneida, of the term of August, in the year of our Lord one thousand eight hundred and twenty three—Witness—John Savage Esquire Chief Justice—

                                                            Fairlee, Page & Breese, Clerks

Scoharie County:        William Quinby puts in his place, Abraham Van Dyck & John L. Bronk, his Attorneys, against Moses Quinby in a plea of debt—
Schoharie Co.:             Moses Quinby puts in his place Absalom Townsend his Attorney at the suit of William Quinby in a plea aforesaid—

Scoharrie Co.  Be it remembered That on the first Monday of August in this same term before the Justices of the People of the State of New York of the Supreme Court of Judication of the same People at the Academy in the town of Utica, County of Oneida, comes William Quinby by Abraham Van Dyck & John Q. Bronk his Attorneys, and brings into the same Court of the People, before the said Justices now here, his certain bill against Moses Quinby in custody &c of a plea of debt:  and these are pledges for the prosecution, to wit, John Doe and Richard Roe:  which said bill follows in these words, to wit—

Scoharie County

            William Quinby plaintiff in this suit complains of Moses Quinby defendant in the suit, in custody &c, of a plea that the said defendant render unto the said plaintiff six hundred and fifty seven dollars fifty eight cents, lawful money of the State of New York, which the said defendant owes to and unjustly detains from the said plaintiff; for that—Whereas the said defendant on the second day of August, in the year one thousand eight hundred and twenty three at Middleburgh in the County aforesaid borrowed of the said plaintiff the sum of six hundred and fifty seven dollars fifty eight cents, to be paid to the said plaintiff, when the said defendant should be thereunto afterwards required requested; whereby an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of money above demanded; Yet the said defendant (although often requested &c) hath not yet paid the said sum of money above demanded, or any part thereof to the said plaintiff, but to pay the same hath hitherto wholly refused and still doth refuse to the damage of the said plaintiff of One hundred dollars; and therefore the said plaintiff brings suit &c 

And the said defendant by Absalom Townsend his Attorney, comes and defends the wrong and injury when &c, and says that he cannot deny the action aforesaid of the said plaintiff nor also but that he does owe to the said plaintiff the said sum of six hundred and fifty seven dollars fifty eight cents in manner and form as the said plaintiff hath above in declaring complained—

Therefore, it is considered that the said plaintiff recover against the said defendant his debt:  And also the sum of ten dollars for damages which he has sustained, as well by occasion of the detaining said debt, as for his costs and charges by him about his suit in this behalf expended by the Court of the People aforesaid now here adjudged to the said William by his assent; and the said Moses in mercy &c—

Judgment signed 7th day of August MDCCCXXIII

                                                Ested Hous, President

Afterwards to wit in the Term of August One thousand Eight hundred and twenty four before the Justices of the Supreme Court of Judicature of the People of the State of New York at the Academy in Utica comes here into Court the said Plaintiff and acknowledges he is satisfied by the said Defendant for the Debt and Damages aforesaid.  Therefore be the said Defendant from these Debt & damages thereof quit &c

Know all men by these Presents—that I Moses Quinby of the Town of Carlisle in the County of Scoharrie—am held and firmly bound unto William Quinby of Coxsackie, County of Green in the sum of Six hundred and fifty seven dollars fifty eight cents, Money of account of the United States To be paid to the said William, or to his certain Attorney, Heirs, Executors, Administrators or Assigns:  To the which payment well and truly to be made I bind myself, my heirs, executors and administrators, and each and every of them firmly by these presents—Sealed with my seal—dated the second day of August in the year of our Lord One thousand eight hundred and twenty three—

The Condition of this obligations such that if the above bounden Moses Quinby his heirs, executors or administrators shall and do well and truly pay or cause to be paid unto the above named William Quinby his Heirs, Executors Administrators or Assigns, the just and full sum of three hundred and twenty eight dollars seventy nine cents with Interest—without any pause or other delay, then this obligation to be void and of none effect, or otherwise to remain in full force and virtue

Sealed and delivered in presence of                                      Moses Quinby

John J. Brandow
John L. Bronk

Copy oyer of Bond from Moses Quinby to William Quinby

Supreme Court

            William Quinby v Moses Quinby
            Judgment Record
                        Van Dyck & Bronk, Attys for Pltff

657.58
  10.00
Filed August 7th 1823

 

Pleas before the Justices of the People of the state of New York of the Supreme Court of Indenture of the same people at the City of Albany of the term of January one thousand eight hundred and twenty three.  Witness Ambrose Spencer Viz. Chief Justice at Albany

                                                                        Bloodgood, Fairlee & Brunals

Greene County            James Powers & John Adams puts in their place Powers & Day their attornies against Percy Richmond as a plea of debt—

Greene County            Be it remembered that on the first Monday in January of the term of January one thousand eight hundred and twenty three, at the City of Albany came James Powers & John Adams by Powers & Day their attornies and bring unto the same Court of the People before the Justices aforesaid their their, their Bill against Percy Richmond in Custody &c: in a plea of debt and there are pledges of prosecution to wit John Doe & Richard Roe, which said Bill &c is in these words to wit—

Greene County            James Powers and John Adams complain of Perez Richmond in custody &c of a plea that he render to the said plaintiffs the sum of five hundred dollars lawful money of the United States, which he owes to and unjustly detains from the said plaintiffs.  For that whereas the said defendant heretofore to wit on the fifth day of July in the year of our Lord one thousand eight hundred and twenty at Windham in the same County of Greene by his certain writing obligatory sealed with his seal, and now shown to the Court of the People before the Justices of the Supreme Court of Judicature of the same people acknowledged himself to be held and firmly bound to the same plaintiff in the said sum of five hundred dollars above demanded to be paid to the said plaintiffs, when he the said defendant should be thereunto afterwards requested, Yet the said defendant although often requested so to do, hath not as yet paid the said sum of five hundred dollars above demanded or any part thereof to the said plaintiffs, but to pay the same to the said plaintiffs he the said defendant hath hitherto wholly refused and still does refuse so to do.  To the damage of the said plea also of one hundred dollars and whereof they being just do

            And the same Perez Richmond in his proper person comes & defends the wrong and injury when & says that he cannot deny the action of the aforesaid plaintiffs, nor but that he does owe to them the sum of five hundred dollars in manner and form as the said plaintiffs have above thereof complained against him—

            Therefore it is considered that the said plaintiffs do move against the said defendant the sum of five hundred dollars for his said debt-and also twenty four Dollars nineteen cents for their damages, by reason of detaining the said debt as for their costs & charges by them about their suit in this behalf expended by the Court now have adjudged to the said plaintiffs according to the form of the Statute in such case made & provided

            And the said Defendant in mercy &c

Judgment Roll Signed February 8th 1823

            John V.D.S. Scott, a Judge of Green County first named in the Commission Counsellor &c

Sup. Court

            James Powers, John Adams vs Perez Richmond

Record            Powers & Day Attys

500—
  24.19
Filed Feby 11th 1823

Supreme Court

James Van Volkenbergh v John H. Rogers
Judgment Record
Powers & Day, Attys

400—
  10—

Filed June 27th 1823

[Croswell & Son, Printers, Catskill.]

To any Attorney or Attornies of any Court of Record in the State of New-York.

            These are are (sic) to authorize you or any of you to appear for Mr. John H. Rodgers of the Town of Catskill in the county of Greene and state of New York in any court of Record in the State of New-York, at the suit of James Van Valkenburgh of the Town of Catskill in the county of Greene and state of New York as of any term or time before or after the date of these Presents, to file common bail and to receive a declaration against me in action of debt on a bond or bill penal bearing even date herewith, for the sum of Four hundred Dollars the penalty of said bond or bill, or for so much money borrowed, and thereupon to confess the action or otherwise to suffer judgment to pass against me for the said debt, and to release all errors on such judgment so confessed; for which this shall be your sufficient warrant.  In witness whereof I have hereunto set my hand and seal the Twenty Seventy day of May in the year of our Lord one thousand eight hundred and Twenty three—

Sealed and Delivered in Presence of                                     John H. Rogers

G. Van Bergen

Supreme Court           Of the term of May in the year one thousand eight hundred and twenty three,

Greene County            James Van Volkenbergh plaintiff in this suit, complains of John H. Rogers defendant in this suit, in custody, &c. of a plea, that the said defendant render unto the said plaintiff four hundred dollars lawful money of the State of New-York, which the said defendant owes to, and unjustly detains from the said plaintiff; for that—Whereas the said defendant on the twenty seventh day of May in the year one thousand eight hundred and twenty three at Catskill in the county aforesaid, borrowed of the said plaintiff the said sum of four hundred dollars to be paid to the said plaintiff when the said defendant should be thereto afterwards requested; whereby an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of money above demanded:  Yet the said defendant (although often requested, &c.) has not het paid the said sum of money above demanded, or any part thereof, to the said plaintiff but to pay the same has hitherto wholly refused, and still doth refuse, to the damage of the said plaintiff of one hundred dollars; and therefore the said plaintiff brings suit, &c.

                                                                        Powers & Day, Att’ys for Pl’ff

Pledges to Prosecute
John Doe and Richard Roe

Greene County            James Van Volkenbergh put in his place James Powers & Caleb Day his Attorneys against John H. Rogers in a plea of debt.

[Judgment Record on Bond and Warrant of Attorney.  Croswell’s Print, Catskill.]

Supreme Court.

John H. Rogers adverse James Van Volkenbergh—PLEA

And the said John H. Rogers by R. Dorlon Attorney, comes and defends the wrong and injury, when, &c. and say that he cannot deny the action aforesaid, of the said plaintiff or also but that he does owe to the said plaintiff the said sum of four hundred dollars in manner and form as the said plaintiff has above in declaring complained.

                                                                        R. Dorlon, Att’y for Def’t.

Greene County            John H. Rogers puts in his place R. Dorlon his Attorney, at the suit of James Van Volkenbergh in the plea aforesaid.

Supreme Court.          Of the term of May in the year one thousand eight hundred and Twenty three

Greene County            John H. Rogers delivered to bail, upon the taking of his body to John Doe and Richard Roe, of Catskill in the county aforesaid, Gentlemen, in the suit of James V. Volkenbergh--

                                                R. Dorlon, Att’y for Def’t. 

Supreme Court.          Of May Term in the Year one thousand eight hundred & twenty six

Greene County            Satisfaction is acknowledged of a Judgment entered in the Supreme Court Between James Van Volkenbergh Plaintiff & John H. Rogers defendant for Four Hundred dollars of Debt & Ten dollars damages & Costs.—

Judgment Docketted 27th June 1823                          James Vn Volkenbergh

Acknowledged the 1st day of June 1826 before me

Jas. Pinckney Commissr. under the act of April 1823

?? has before the Justices of the People of the State of New York of the Supreme court of Judicature of the same People at the City Hall in the City of New York of May Term in the year 1823.  Witness John Savage Esquire Chief Justice—

                                                Fairlee Page & Breese Clks.

Greene County            James Vn Volkenbergh puts in his place James Powers & Caleb Day his Attornies against John H. Rogers in a plea of debt.

Greene County            John H. Rogers puts in his place R. Dorlon his Attorney, at the suit of James Van Volkenbergh in a plea aforesaid.

Greene County            Be it remembered, That on the first Monday of May in this same Term, before the Justices of the People of the State of New-York, of the Supreme Court of Judicature of the same People, at the City of New York comes James Van Volkenbergh by Powers & Day his Attorneys and bring into the same Court of the People, before the said Justices now here, his certain bill against John H. Rogers in custody, &c. of a plea of debt: and there are pledges for the prosecution, to wit, John Doe and Richard Roe; which said bill follows in these words, to wit.

Greene County            James Van Volkenbergh plaintiff in this suit complains of John H. Rogers defendant in the suit, in custody, &c. of a plea, that the said defendant render unto the said plaintiff four hundred dollars lawful money of the State of New-York, which the said defendant owes to, and unjustly detains from the said plaintiff; for that—Whereas the said defendant on the twenty seventh day of May in the year one thousand eight hundred and twenty three at Catskill in the county aforesaid, borrowed of the said plaintiff the sum of four hundred dollars to be paid to the said plaintiff when the said defendant should be thereto afterwards requested:  whereby an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of money above demanded:  Yet the said defendant (although often requested, &c.) has not yet paid the said sum of money above demanded, or any part thereof, to the said plaintiff but to pay the same has hitherto wholly refused, and still does refuse, to the damage of the said plaintiff of one hundred dollars:  and therefore the said plaintiff brings suit, &c.

And the said John H. Rogers by R. Dorlon his Attorney, comes and defends the wrong and injury, when, &c. and says that he cannot deny the action aforesaid, of the said plaintiff nor also but that he does owe the said plaintiff the said sum of four hundred dollars in manner and form as the said plaintiff has above in declaring complained

Therefore, it is considered that the said plaintiff recover against the said defendant his said debt:  And also ten dollars for his damages which he has sustained, as well by occasion of the detaining said debt, as for his costs and charges, by him about his suit in this behalf expended, by the Court of the People aforesaid now here adjudged to the said plaintiff by his assent; and the said defendant in mercy, &c.

                                                Afterwards to wit

in the term of February one thousand eight Hundred and twenty seven before the Justices aforesaid at the Capitol in the City of Albany comes here into Court the said Plaintiff and acknowledges he is satisfied by the said Defendant for the debt and damages aforesaid.  Therefore be the said Defendant from that Debt and damages aforesaid thereof quit &c.

Judgment Signed June 26th 1823

John V.D.S. Scott, first Judge Greene County Counseller &c.

 

Filed May 22nd 1823

To any Attorney or Attornies of any Court of Record in the State of New-York, or elsewhere

WHEREAS I Nicholas N. Rowe am by virtue of a certain Bond, or writing obligatory, bearing even date herewith, are held and firmly bound unto Nicholas Rowe of the town of Milan in the County of Dutchess in the penal sum of twelve hundred Dollars money of account of the United States, conditioned for the payment of the sum of Six hundred Dollars on demand with interest of like money, with lawful interest.

Now therefore, you and each of you are hereby authorized to appear for me in any Court of Record of the said State, in an action of debt, prosecuted by the said oblige or his representative, to receive a declaration in the said action, and to file common bail, to confess or suffer judgment in the said action, by cognovits, actionem, or otherwise, for the said penalty, or as for so much money borrowed, in term or vacation of term, before or after the date hereof; and the said judgment to be thereupon forthwith entered up against me of record, as of any term of the said court.  And for so doing this shall be your sufficient warrant.  And if in entering up of the said judgment , or in the issuing of any execution or executions thereon, or in any other proceeding touching the said judgment, there should be any error or defect, I hereby authorize you, for me, and in my name, to release the same.

In Witness whereof, I have hereunto set my hand and seal the 19th day of May in the year of our Lord one thousand eight hundred and twenty three

Sealed and Delivered, in Presence of                                                Nicholas N. Rowe

Nicholas Rowe Plaintiff in this suit complains of Nicholas N. Rowe defendant in this suit, in custody, &c. of a plea, that the said defendant render unto the said plaintiff twelve hundred Dollars lawful money of the state of New-York, which the said defendant owes to, and unjustly detains from the said plaintiff; for that—Whereas the said defendant on the nineteenth day of May in the year one thousand eight hundred and twenty thee at Durham in the county aforesaid, borrowed of the said plaintiff the said sum of twelve hundred Dollars to be paid to the said plaintiff when the said defendant should be thereto afterwards requested; whereby an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of money above demanded:  Yet the said defendant (although often requested, &c.) has not het paid the said sum of money above demanded, or any part thereof, to the said plaintiff but to pay the same has hitherto wholly refused, and still doth refuse, to the damage of the said plaintiff on one hundred dollars; and therefore the said plaintiff brings suit, &c.

                                                                        Hiram Carter, Att’y for Plff.

Pledges to Prosecute

            John Doe and Richard Roe

Greene County            Nicholas Rowe put in his place Hiram Carter his Attorney against Nicholas N. Rowe in a plea of debt.

Supreme Court

Nicholas N. Rowe ads Nicholas Rowe           PLEA

            And the said Nicholas N. Rowe by John F. Bacon his Attorney, come and defend the wrong and injury, when, &c. and say that he cannot deny the action aforesaid, of the said plaintiff nor also but that he does owe to the said plaintiff the said sum of one thousand two hundred Dollars in manner and form as the said plaintiff has above in declaring complained.

                                                John F. Bacon, Att’y for Def’t.

Greene County            Nicholas N. Rowe puts in his place John F. Bacon his Attorney, at the suit of Nicholas Rowe in the plea aforesaid.

Supreme Court                       Of the Term of May in the year one thousand eight hundred and twenty three         (blank) County,          Nicholas N. Rowe is delivered to bail, upon the taking of his body to John Doe and Richard Roe, of Durham in the county aforesaid, Gentlemen, in the suit of Nicholas Rowe in a plea of debt

                                                John F. Bacon, Att’y for Def’t.

Of May Term in the year of our Lord One Thousand Eight Hundred Twenty Seven

Greene County            Satisfaction is acknowledged between Nicholas Rowe Plaintiff and Nicholas N. Rowe Defendant in a plea of Debt for Twelve Hundred Dollars of Debt & Fourteen Dollars & Six Cents Damages & Costs

Judgment Docketed 22nd May 1823

H. Carter, Attorney

Taken & acknowledged this 26th day of June 1827               Samuel Rowe one of the
before me   John D. Darling                                                      Administrators of
Commissioner for the County of Dutchess                            Nicholas Rowe, Decest

Albany County           Nicholas N. Row being sworn deposeth & saith that he is personally acquainted with the above named Samuel Row, & that the said Samuel is one of the administrators of Nicholas Row deceased, & that this Deponent is also one of said administrators

Sworn before me this 28th June 1827                         Nicholas N. Row

            Holley & Page, Court &c

N.N. Rowe, Deft.

Entd.
???
May 23
Filed 28th June 1827

SUPREME COURT.               PLEAS before the Justices of the People of the State of New-York, of the Supreme Court of Judicature of the same People, at the City Hall of New York of the Term of May in the year of our Lord one thousand eight hundred and twenty three            Witness John Savage Esq. Chief Justice

                                                            Fairlee, Bloodgood & Breese, Clerks

Greene County            Nicholas Rowe puts in his place Hiram Carter Attorney, against Nicholas N. Rowe in a plea of debt.

Greene county            Nicholas N. Rowe put in his place John F. Bacon his Attorney, at the suit of Nicholas Rowe in a plea aforesaid.

Greene County            Be it Remembered, That on the first Monday of Mar in this same Term, before the Justices of the People of the State of New-York, of the Supreme Court of Judicature of the same People, at the City Hall of New York comes Nicholas Rowe by Hiram Carter his Attorney, and brings into the same Court of the People, before the said Justices now here, his certain bill against Nicholas N. Rowe in custody, &c. of a plea of debt; and there are pledges for the prosecution, to wit, John Doe and Richard Roe; which said bill follows in these words, to wit:

Greene County            Nicholas Rowe plaintiff in this suit complains of Nicholas N. Rowe defendant in the suit, in custody, &c. of a plea, that the said defendant render unto the said plaintiff twelve hundred Dollars lawful money of the state of New-York, which the said defendant on the fourteenth day of Mar. in the year one thousand eight hundred and twenty three at Durham in the county aforesaid, borrowed of the said plaintiff the sum of twelve hundred Dollars to be paid to the said plaintiff when the said defendant should be thereto afterwards requested:  whereby an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of money above demanded:  Yet the said defendant (although often requested, &c.) has not yet paid the said sum of money above demanded, or any part thereof, to the said plaintiff but to pay the same ha (sic) hitherto wholly refused, and still do refuse, to the damage of the said plaintiff of one hundred dollars; and therefore the said plaintiff bring suit, &c.

And the said Nicholas N. Rowe by John F. Bacon his Attorney, come and defend the wrong and injury, when, &c. and says that he cannot deny the action aforesaid, of the said plaintiff nor also but that he does owe to the said plaintiff the said sum of twelve hundred Dollars in manner an form as the said plaintiff has above in declaring complained—

Therefore, it is considered that the said plaintiff recover against the said defendant his said debt:  And also fourteen dollars & six Cents for his damages which he has sustained, as well by occasion of the detaining said debt, as for his costs and charges, by him about his suit in this behalf expended, by the Court of the People aforesaid now here adjudged to the said Nicholas Rowe by his assent; and the said Nicholas N. Rowe in mercy, &c.

Judgment signed this 22nd day of May 1823

Estes Howe, President

            Afterwards to wit in the term of May one thousand eight hundred and twenty seven before the Justices aforesaid at the City Hall in the City of New York comes here into Court the administrator of the said plaintiff and acknowledges he is satisfied by the said Defendant for the Debt and damages aforesaid                     Therefore he the said Defendant from that Debt and damages aforesaid thereof quit &c.

Supreme Court

Nicholas Rowe vs Nicholas N. Rowe

Judgt. Record
H. Carter, Atty.

1200.
    14.06
Filed May 22nd 1823

Supreme Court                       Pleas before the Justices of the People of the State of New York of the Supreme Court of Judicature of the same People at the academy in Utica of the Term of August, in the year of our Lord one Thousand Eight Hundred & Twenty-Three               Witness John Savage Esquire Chief Justice at the academy in Utica

                                                Fairlie, Page & Breese, Clks.

Greene County            The President, Directors & Company of the Catskill Bank put in their place Adams & Benton their attornies against Michael Rikart in a plea of trespass on the case.

Greene County            Be it remembered that on the First Monday of May last past before the Justices of the People of the State of New York of the Supreme court of Judicature of the same people at the City Hall in the City of New York, came the President, Directors & Company of the Catskill Bank by John Adams & Lewis Benton their attornies, and bring into the the (sic) said Court of the said People before the aforesaid Justices thereof now here their certain bill against Michael Rikart in Custody &c. of a plea of Trespass on the case, & there are pledges for the prosecution thereof to wit John Doe & Richard Row which said bill follows in these words to wit

Greene County            The President, Directors & Company of the Catskill Bank complain of Michael Rikart in Custody &c.  In that whereas the said Defendant on the Fifth day of March one Thousand Eight Hundred & Twenty-Three at Windham in the County of Greene made his certain promissory note in writing commonly called a promissory note bearing date the day & year aforesaid & then & there delivered the said Note to one Bennet Osborne by which said Note he the said Michael Rikart “Sixty days after date value Received promised to pay the said Bennet Osborn or order (by the name & description of Bennet Osborn or order) one Hundred dollars at the Catskill Bank.  And the said Bennet Osborn to whom or to whose order the payment of the said sum of money in the said promissory note specified was to be made after the making of the said promissory note & before the payment of the said sum of money therein specified to wit on the day & year aforesaid & at the place aforesaid then & there indorsed & delivered the said promissory note to one Sidney Tuttle, who then & there indorsed & delivered the said promissory note to the said Plaintiff, of which said indorsements is made on the said Note as aforesaid, the said Defendant afterwards to wit on the same day & year aforesaid and at the place aforesaid had notice

By means whereof and by force of the Statute in such case made & provided, the said Defendant became liable to pay to the said Plaintiffs the said sum of money in the said promissory note specified according to the tenor & effect of the said promissory 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 same day & year & at the place aforesaid undertook & then & there faithfully promised the said Plaintiff to pay them the said sum of money in the said promissory note specified according to the tenor and effect thereof; & of the said indorsements so made thereon as aforesaid:  And whereas also the before named Defendant afterwards to wit on the same day & year & at the place aforesaid was indebted unto the before named Plaintiffs in the further sum of Two Hundred dollars lawful money of the United States of America for so much money by the said Plaintiffs before that time lent & advanced to the before named Defendant at his special request & instance:  And being so indebted the before named Defendant in consideration thereof afterwards to wit on the same day & year & at the place aforesaid undertook & then & there faithfully promised the said Plaintiffs well & truly to pay to the said Plaintiffs the said sum of money last mentioned when he the before named Defendant should be thereunto afterwards requested.

Nevertheless the before named Defendant the said several promises & undertakings so made by him as aforesaid not regarding but contriving & fraudulently intending craftily & subtilly to deceive & defraud the before named Plaintiffs in this behalf has not paid the said sum of money in the said note specified, nor the said sum of money last mentioned or any part thereof to the before named Plaintiffs:  (although the before named Defendant to pay the same to the before named Plaintiffs afterwards to wit on the day & year aforesaid a and often times since to wit at the place aforesaid was requested by the before named Plaintiff) but to pay the same to the before named Plaintiffs the before named Defendant has hitherto wholly refused & still does refuse to the damage of the before named Plaintiffs of Two Hundred Dollars & thereof they bring suit &c.

And now at this day that is to say on the First Monday of August one Thousand Eight Hundred & Twenty-Three until which day the said Defendant had leave to impart to the said bill & then to answer the same before the said Justices of the said People at the academy in Utica comes the said Plaintiffs by their attornies aforesaid & the said Defendant although solemnly called comes not, nor says anything in bar or preclunin of the said action of the said Plaintiff but therein wholly fails & makes default, whereby the said Plaintiffs remain therein wholly undefended against the said Defendant.  Wherefore the said Plaintiffs ought to recover against the said Defendant their damages by them sustained on occasion of the not performing of the said several promises & undertakings in the said declaration mentioned to be adjudged to them:  and because it is suggested & proved & manifestly appears to the Court here that the said Plaintiffs have sustained Damages in occasion of the not performing of the said several promises & undertakings in the said declaration mentioned to the sum of One hundred & two dollars & Eighty three Cents—besides their costs & charges by them about their suit in that behalf expended.  Therefore it is considered by the said Court that the said Plaintiffs do recover against the said Defendant their damages aforesaid by reason of the premises in form aforesaid assessed and also Seventeen Dollars & seventy eight cents for their costs & charges by the court of the People now here adjudged to the said Plaintiffs with their assent, which said damages costs & charges in the whole amount to the sum of One hundred & twenty Dollars & sixty one cents

And the said Defendant in Mercy &c.

102.23
  17.78
120.61

Judgment signed this Eighth day of August 1823

Estes Howe, Recorder

Supreme Court

The President, Directors & Company of the Catskill Bank vs Michael Rickart
Judgment Record
Adams & Benton, Atties.

120.61             DK
Filed August 8th 1823

Supreme Court           Pleas before the Justices of the People of the State of New York of the Supreme court of Judication of the same People at the academy in the town of Utica in the county of Oneida of the term of August in the year of our Lord one thousand eight hundred and twenty three.  Witness John Savage Esquire Chief Justice at Utica

                                                Fairlie, Paige & Breese, Clks.

Greene County            Thomas Limbrick puts in his place James Powers & Caleb Day his Attornies against John H. Rogers in a plea of trespass on the case.

Greene County            John H. Rogers puts in his place Charles C. Abeel his Attorney at the suit of Thomas Limbrick in the plea aforesaid—

Greene County            Be it remembered that on the first Monday of August in the same term of August before the Justices of the People of the Supreme Court of Judicature of the same People at the Academy in the town of Utica in the County of Oneida comes Thomas Limbrick by Powers & Day his Attornies and brings into the said Court of the said People before the aforesaid Justices thereof now here, his certain bill against John H. Rogers in custody &c of a plea of trespass on the case, and there are pledges for the prosecution thereof to wit John Doe &  Richard Roe, which said bill follows in these words to wit:

Greene County            Thomas Limbrick complains of John H. Rogers in custody &c.  For that whereas the said defendant on the first day of August in the year one thousand eight hundred and twenty three at Catskill in the County of Greene was indebted unto the said plaintiff in the sum of one hundred and twenty five dollars lawful money of the United States for so much money by the said plaintiff by the said plaintiff before that time lent and advanced to the said defendant and at his special instance and request, and being so indebted he the said defendant in consideration thereof afterwards to wit on the day & year aforesaid at the place aforesaid undertook and then and there faithfully promised the said plaintiff to pay him the said sum of money mentioned when he the said defendant should be thereunto afterwards requested.

Nevertheless the said defendant his promise & undertaking not regarding but contriving & fraudulantly intending craftily & subtilly to deceive & defraud the said plaintiff in this behalf, hat not paid the said sum of money mentioned or any part thereof to the said plaintiff (although often requested so to do) but to pay the same to the said plaintiff the said defendant hath hitherto refused and still doth refuse To the damage of the said plaintiff of one hundred and twenty five dollars and thereof he bring suit &c.

            And the said John H. Rogers by Charles C. Abeel his Attorney comes and defends the wrong and injury when &c and says that he cannot deny the action aforesaid, nor but that he did assume and promise in manner and form as the said plaintiff hath complained against him nor but that the said plaintiff hath sustained damages by reason of the promises to one hundred and eleven dollars and fourteen cents, besides costs to be toted, but no execution is to be issued on the judgment to be entered in this suit until the fourth day of October term 1823

            Therefore it is considered by the said Court, that the said plaintiff do recover against the said defendant his damages aforesaid, by reason of the promises in form aforesaid confessed and also Sixteen dollars & fourteen Cents for his costs and charges by the Court of the said People now here, adjudged to the said plaintiff with his assent:  which said damages costs and charges in the whole amount to one hundred & twenty seven dollars & twenty eight cents

            And the said defendant in Mercy &c

damages          $111.14
costs                    16.14
                        $127.28

Judgement signed the 10th August 1823
A.L. Jordan, Recorder, Hudson

Supreme Court

Thomas Limbrick vs John H. Rogers
Judgment Record
Powers & Day, Attys.
127.28             DK
Filed August 22nd 1823

Supreme Court           Pleas before the Justices of the People of the State of New York of the Supreme Court of Judicature of the same People at the Capitol in the City of Albany of the Term of October in the year of our Lord one Thousand Eight Hundred & Twenty-Three.  John Savage Esquire Chief Justice at the Capitol in the City of Albany.

                                    Fairlie, Paige & Breese, Clks.

Greene County            John Jearom puts in his place John Adams & Lewis Benton his attornies against John Rutherford Junior in a plea of debt.

Greene County            Be it remembered that on the First Monday of August last past before the Justices of the People of the State of New York of the Supreme Court of Judicature of the same people at the academy in Utica came John Jearom by John Adams & Lewis Benton his attornies & brings into the said Court of the said People before the aforesaid Justices thereof now here his certain bill against John Rutherford Junior in custody &c. of a plea of debt, & there are pledges for the prosecution thereof to wit John Doe & Richard Roe which said bill follows in these words to wit—

Greene County            John Jearom Plaintiff in this suit complains of John Rutherford Junior Defendant in this suit in Custody &c. of a plea that he render to the said John Jearom the sum of one Thousand six Hundred and Twenty-four dollars of lawful money of the United States of America which he owes to and unjustly detains from him the said John Jearom.  For that whereas the said John Rutherford Junior heretofore to wit on the eleventh day of February in the year of our Lord One Thousand Eight Hundred & Twenty Two at the town of Durham in the County of Greene by his certain bond or writing obligatory sealed with his seal and to the Court of the People now here shown the date whereof is on the same day & year aforesaid acknowledged himself to be held & firmly bound unto the said John Jearom in the sum of One Thousand six hundred & Twenty-Four dollars above demanded to be paid to the said John Jearom when he the said John Rutherford Junior should be thereunto afterwards requested;  Yet the said John Rutherford Junior although often requested so to do hath not as yet paid the said sum of One Thousand six hundred and Twenty-four dollars above demanded or any part thereof to the said John Jearom, but to pay the same or any part thereof to the said John Jearom he the said John Rutherford Junior hath hitherto wholly refused and stil refuses so to do.  To the damage of the said John Jearom of One Thousand six hundred and Twenty-four dollars and thereof brings suit &c.            And now at this day that is to say on the Third Monday of October one Thousand Eight Hundred & Twenty-Three until which day the said Defendant had leave to imparle to the said bill & then to answer the same before the said Justices of the said People at the Capitol in the City of Albany come the said Plaintiff by his attornies aforesaid & the said Defendant although solemnly called comes not, nor says anything in bar or preclusion of the said action of the said Plaintiff but therein wholly fails & makes default whereby the said Plaintiff remains therein undefended against the said Defendant.

Therefore it is considered that the said Plaintiff recover against the said Defendant his said debt and also twenty Seven dollars and sixteen Cents—for his damages, which he hath sustained as well on occasion of the detaining the said debt as for his costs & charges by him about his suit in this behalf expended by the court of the said People now here adjudged to the said Plaintiff & with his assent & the said Defendant in Mercy &c.

Judgment signed 26th October 1823

John V.D.S. Scott, first Judge Greene County Court Counsellor &c.

Supreme Court

John Jearom vs John Rutherford Junior

Judgment Record                    Adams & Benton, Atties.

1624.00
    27.16                       DK
Filed Novr. 3rd 1823

To any Attorney or Attornies of any Court of Record in the State of New-York, or elsewhere.

Whereas I William Rea of New Baltimore in the County of Greene by virtue of a certain Bond, or writing obligatory, bearing even date herewith, am held and firmly bound unto John L. Bronk in the penal sum of eight hundred & twenty dollars money of account of the United States, conditioned for the payment of like money, with lawful interest, on demand—

Now therefore, you and each of you are hereby authorized to appear for me in any Court of Record of the said State, in an action of debt, prosecuted by the said oblige or his representative, to receive a declaration in the said action, and to file common bail, to confess or suffer judgment in the said action, by cognovits, actionem, or otherwise, for the said penalty, or as for so much money borrowed, in term or vacation of term, before or after the date hereof; and the said judgment to be thereupon forthwith entered up against me the said William of record, as of any term of the said court.  And for so doing this shall be your sufficient warrant.  And if in entering up of the said judgment, or in the issuing of any execution or executions thereon, or in any other proceeding touching the said judgment, there should be any error or defect, I hereby authorize you, for me, and in my name, to release the same.

In Witness whereof, I have hereunto set my hand and seal the Seventh day of February in the year of our Lord one thousand eight hundred and twenty four

Sealed and Delivered in Presence of                         William Rea

Abm Van Dyck

Supreme Court                       Of the term of October in the year one thousand eight hundred and twenty three

Greene County                        John L. Bronk plaintiff in this suit complains of William Rea defendant in this suit in custody &c. of a plea, that the said defendant render unto the said plaintiff eight hundred & twenty dollars lawful money of the State of Newyork, which the said defendant owes to and unjustly detains from the said plaintiff—For that whereas the said defendant on the seventh day of February in the year one thousand eight hundred and twenty four at Coxsackie in the County aforesaid borrowed of the said plaintiff the said sum of eight hundred & twenty dollars to be paid to the said plaintiff when the said defendant should be thereto afterwards requested; whereby an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said sum of money above demanded—yet the said defendant (although often requested &c) hath not yet paid the said sum of money above demanded or any part thereof to the said plaintiff but to pay the same hath hitherto wholly refused and still doth refuse to the damage of the said plaintiff of one hundred dollars, & therefore the said plaintiff bringeth suit &c.

Pledges &c.                            Van Dyck & Bronk, attys. for Plff.

Greene County                        John L. Bronk puts in his place Abraham Van Dyck & John L. Bronk his attornies against William Rea in a plea of debt

Supreme Court

William Rea ads John L. Bronk—Plea

Ant the said William by Isaac Hamilton his attorney comes and defends the wrong & injury when &c and says that he cannot deny the action aforesaid of the said plaintiff nor also but that he doth owe to the said plaintiff the said sum of eight hundred & twenty dollars in manner and form as the said plaintiff hath above in declaring complained

                                                I. Hamilton, Atty for Deft.

Greene County            William Rea puts in his place Isaac Hamilton his attorney at the suit of John L. Bronk in the plea aforesaid

Supreme Court                       Of the term of October in the year one thousand eight hundred & twenty three

Greene County                        William Rea is delivered to bail upon the taking of his body to John Doe & Richard Roe of Coxsackie in the County aforesaid Gentlemen in the suit of John L. Bronk                         I. Hamilton, Atty for Deft

Supreme Court                       Pleas before the Justices of the people of the State of Newyork of the Supreme Court of Judicature of the same people at the Capitol in the City of Albany of the term of October in the year of our Lord one thousand eight hundred & twenty three—witness John Savage Esquire Chief Justice

                                                Fairlie Page & Breese, Clerks

Greene County                        John L. Bronk puts in his place Abraham Van Dyck & John L. Bronk his attornies against William Rea in a plea of debt

Greene County                        William Rea puts in his place Isaac Hamilton his attorney at the suit of John L. Bronk in a plea aforesaid

Greene County                        Be it Remembered that on the third Monday of October in this same term before the Justices of the people of the State of Newyork of the Supreme Court of Judicature of the same people at the Capitol in the City of Albany comes John l. Bronk by Abraham Van Dyck & John L. Bronk his attornies and brings into the same Court of the people before the said Justices now her his certain bill against William Rea in Custody &c. of a plea of Debt & there are pledges for the prosecution to wit John Doe & Richard Roe, which said bill follows in these words, to wit

Greene County                        John L. Bronk plaintiff in this suit complains of William Rea defendant in the suit in Custody &c of a plea that the said defendant render unto the said plaintiff eight hundred & twenty dollars lawful money of the State of Newyork which the said defendant owes to & unjustly detains from the said plaintiff—for that whereas the said defendant on the seventh day of February in the year one thousand eight hundred & twenty four at Coxsackie the aforesaid borrowed of the said plaintiff the sum of one hundred  & twenty dollars to be paid to the said plaintiff when the said defendant should be thereunto afterwards requested Whereby an action hath accrued to the said plaintiff to demand & have of and from the said defendant the said sum yet the said defendant (although often requested &c) hath not yet paid the said sum of money above demanded , or any part thereof to the said plaintiff but to pay the same hath hitherto wholly refused and still doth refuse to the damage of the said plaintiff of one hundred dollars and therefore the said plaintiff bringeth suit &c.

And the said William by Isaac Hamilton his attorney comes & defends the wrong and injury when &c and says that he cannot deny the action aforesaid of the said plaintiff nor also but that he doth owe to the said plaintiff the said sum of eight hundred & twenty dollars in manner and form as the said plaintiff hath above in declaring complained—

Therefore it is considered that the said plaintiff recover against the said defendant his debt and also ten dollars for his damages which he hath sustained as well by occasion of the declaring said debt as for his costs and charges by him about his suit in this behalf expended, by the Court of the people aforesaid now here adjudged to the said John by his assent and the said William in mercy &c

Judgment signed the Eleventh day of February MDCCCXXIV

Jno. Keyes Paige, Clk

Supreme Court

John L. Bronk vs William Rea
Judgment Record
Van Dyck & Bronk, Attys

$”70 ½
820—
  10—                          DK
Filed Feby 11th 1824

 

Supreme Court                       Pleas at the City Hall in the City of New York before the Justices of the People of the State of New York of the Supreme Court of Judicature of the same people, of the term of May in the year of our Lord one thousand eight hundred and twenty three.  Witness John Savage Esquire, Chief Justice              Fairlie, Clerk

Greene County                        James Jackson plaintiff in this suit puts in his place John C.  Tillotson and William Cockburn his attorneys against John Styles in a plea of trespass and Ejectment

Greene County                        Be it remembered that heretofore, that is to say in the term of January last past James Jackson came before the Justices of the People of the State of New York of the Supreme Court of Judicature of the same people by John C. Tillotson and William Cockburn his attorneys and brought here into the said Court his bill against the said John Styles being in Custody &c of a plea of trespass and Ejectment and there are pledges for the prosecution to wit John Doe and Richard Roe which said bill follows in these words:

Greene County                        James Jackson, plaintiff in this suit, complains of Edward P. Livingston heretofore, to wit, on the first day of May in the year of our Lord one thousand eight hundred and twenty two at the town of Lexington in the county of Greene had demised set and to farm let to the said James Jackson one messuage, one barn, one stable, one house on corn house, one barrack, two thousand acres of land, two thousand acres of arable land, two thousand acres of meadow land, two thousand acres of pasture land, two thousand acres of wood land, two thousand acres of land covered with water, with the appurtenances, situate in the said town of Lexington in the county of Greene aforesaid

To have and to hold the said tenements with the appurtenances unto the said James Jackson and his assigns from the first day of May in the year aforesaid, until the full end and term of twenty one years from thence next ensuing and fully to be complete and ended.  By virtue of which said demise, the said James Jackson entered into the said tenements with the appurtenances so to him demised as aforesaid, for the term aforesaid, and was thereof possessed until the said John Styles afterwards, and during the continuance of the said term and interest of the said James Jackson in the said tenements with the appurtenances, to wit, on the fifth day of May in the year of our Lord one thousand eight hundred and twenty two entered with force and arms, &c. into and upon the said tenements with the appurtenances, so demised to the said James Jackson as aforesaid, and then and there ejected him out, off, and from his said premises, his said term therein being not yet ended; and other wrongs to him the said James Jackson the and there did

AND WHEREAS ALSO Robert L. Livingston on the first day of May in the year of our Lord one thousand eight hundred and twenty two at the town of Lexington in the county of Greene aforesaid had demised set and to farm let to the said James Jackson one messuage, one barn, one stable, one house one corn house, one barrack, two thousand acres of land, two thousand acres of arable land, two thousand acres of meadow land, two thousand acres of pasture land, two thousand acres of wood land, two thousand acres of land covered with water, with the appurtenances, situate in the said town of Lexington in the county of Greene aforesaid

To have and to hold the said tenements with the appurtenances unto the said James Jackson and his assigns, from the first day of may in the year aforesaid, until the full end and term of twenty one years from thence next ensuing, and fully to be complete and ended.  By virtue of which said demise, the said James Jackson entered into the said tenements with the appurtenances so to him demised as aforesaid, for the term aforesaid, and was thereof possessed until the said John Stiles afterwards and during the continuance of the said term and interest of the said James Jackson in the said tenements with the appurtenances, to wit, on the fifth day of May in the year of our Lord one thousand eight hundred and twenty two entered with force and arms, &c. into and upon the said tenements with the appurtenances so demised to the said James Jackson as aforesaid and then and there ejected him out off and from his said premises, his said term therein being not yet ended; and other wrongs to him the said James Jackson then and there did

AND WHEREAS ALSO Edward P. Livingston and Elizabeth his wife and Robert L. Livingston on the first day of May in the year of our Lord one thousand eight hundred and twenty two at the town of Lexington in the county of Greene aforesaid had demised set and to farm let to the said James Jackson one messuage, on barn, one stable one house one corn house, one barrack, two thousand acres of land, two thousand acres of arable land, two thousand acres of meadow land, two thousand acres of pasture land, two thousand acres of woodland, two thousand acres of land covered with water, with the appurtenances, situate in the said town of Lexington in the county of Greene aforesaid

To have and to hold the said tenements with the appurtenances unto the said James Jackson and his assigns, from the first day of May in the year aforesaid, until the full end and term of twenty one years from thence next ensuing, and fully to be complete and ended.  By virtue of which said demise, the said James Jackson entered into the said tenements with the appurtenances so to him demised as aforesaid, for the term aforesaid, and was thereof possessed until the said John Styles afterwards and during the continuance of the said term and interest of the said James Jackson in the said tenements with the appurtenances, to wit, on the fifth day of May in the year of our Lord one thousand eight hundred and twenty two entered with force and arms, &c. into and upon the said tenements with appurtenances so demised to the said James Jackson as aforesaid and then and there ejected him out off and from his said premises his said term therein being not yet ended and other wrongs to him the said James Jackson then and there did against the peace of the People of the State of New York and to the damage of the said James Jackson of one thousand dollars and thereof he brings suit &c.

And now at this day that is to say on the first Monday in May in this same term to which day the said John Styles had leave to empart and then to answer before the Justices aforesaid at the City Hall of the City of New York comes the said James Jackson by his attorneys aforesaid and the said John Styles although solemnly demanded comes not but makes default by reason whereof the said James Jackson remains undefended by the said John Styles wherefore the said James Jackson ought to recover against the said John Styles his damages on occasion of the premises.

Therefore it is considered that the said James Jackson recover against the said John Styles his said term yet to come of and in the tenements aforesaid with the appurtenances and also his damages sustained by reason of the trespass and ejectment aforesaid and hereupon the said James Jackson freely here in Court remits to the said John Styles all such damages costs and charges as might or ought to be adjudged to him the said James Jackson by reason of the trespass and ejectment aforesaid:  Therefore, let the said John Styles be acquitted of those damages costs and charges &c.  And hereupon the said James Jackson prays a writ to be directed to the Sheriff of the County aforesaid to cause him to have possession of his said term yet to come of and in the tenements aforesaid with the appurtenances and it is granted to him returnable before the Justices of this same Court at the Academy in Utica on the first Monday of August next—

The same day is given to the said James Jackson, there &c.

Judgment signed this 12th May 1823

Estes Howe, Recorder

Supreme Court

James Jackson, ex dem.
Edward P. Livingston
Edward P. Livingston & Elizabeth his wife
Robert L. Livingston
            vs       
John Styles  (Thomas Streator, Tenant)
Record
            Tillotson & Cockburn, Attorneys
Lexington, Greene Co.           Dd
Filed May 12th 1823

Supreme Court                       Pleas at the City Hall in the City of New York before the Justices of the People of the State of New York of the Supreme Court of Judicature of the same people, of the term of May in the year of our Lord one thousand eight hundred and twenty three.  Witness John Savage Esquire, Chief Justice              Fairlie, Clerk

Greene County                        James Jackson plaintiff in this suit puts in his place John C.  Tillotson and William Cockburn his attorneys against John Styles in a plea of trespass and Ejectment

Greene County                        James Jackson, plaintiff in this suit, complains of Edward P. Livingston and Elizabeth his wife heretofore, to wit, on the first day of May in the year of our Lord one thousand eight hundred and twenty two at the town of Lexington in the county of Greene had demised set and to farm let to the said James Jackson one messuage, one barn, one stable, one house on corn house, one barrack, two thousand acres of land, two thousand acres of arable land, two thousand acres of meadow land, two thousand acres of pasture land, two thousand acres of wood land, two thousand acres of land covered with water, with the appurtenances, situate in the said town of Lexington in the county of Greene aforesaid

To have and to hold the said tenements with the appurtenances unto the said James Jackson and his assigns from the first day of May in the year aforesaid, until the full end and term of twenty one years from thence next ensuing and fully to be complete and ended.  By virtue of which said demise, the said James Jackson entered into the said tenements with the appurtenances so to him demised as aforesaid, for the term aforesaid, and was thereof possessed until the said John Styles afterwards, and during the continuance of the said term and interest of the said James Jackson in the said tenements with the appurtenances, to wit, on the fifth day of May in the year of our Lord one thousand eight hundred and twenty two entered with force and arms, &c. into and upon the said tenements with the appurtenances, so demised to the said James Jackson as aforesaid, and then and there ejected him out, off, and from his said premises, his said term therein being not yet ended; and other wrongs to him the said James Jackson the and there did

AND WHEREAS ALSO Robert L. Livingston on the first day of May in the year of our Lord one thousand eight hundred and twenty two at the town of Lexington in the county of Greene aforesaid had demised set and to farm let to the said James Jackson one messuage, one barn, one stable, one house one corn house, one barrack, two thousand acres of land, two thousand acres of arable land, two thousand acres of meadow land, two thousand acres of pasture land, two thousand acres of wood land, two thousand acres of land covered with water, with the appurtenances, situate in the said town of Lexington in the county of Greene aforesaid

To have and to hold the said tenements with the appurtenances unto the said James Jackson and his assigns, from the first day of may in the year aforesaid, until the full end and term of twenty one years from thence next ensuing, and fully to be complete and ended.  By virtue of which said demise, the said James Jackson entered into the said tenements with the appurtenances so to him demised as aforesaid, for the term aforesaid, and was thereof possessed until the said John Stiles afterwards and during the continuance of the said term and interest of the said James Jackson in the said tenements with the appurtenances, to wit, on the fifth day of May in the year of our Lord one thousand eight hundred and twenty two entered with force and arms, &c. into and upon the said tenements with the appurtenances so demised to the said James Jackson as aforesaid and then and there ejected him out off and from his said premises, his said term therein being not yet ended; and other wrongs to him the said James Jackson then and there did

AND WHEREAS ALSO Edward P. Livingston and Elizabeth his wife and Robert L. Livingston on the first day of May in the year of our Lord one thousand eight hundred and twenty two at the town of Lexington in the county of Greene aforesaid had demised set and to farm let to the said James Jackson one messuage, on barn, one stable one house one corn house, one barrack, two thousand acres of land, two thousand acres of arable land, two thousand acres of meadow land, two thousand acres of pasture land, two thousand acres of woodland, two thousand acres of land covered with water, with the appurtenances, situate in the said town of Lexington in the county of Greene aforesaid

To have and to hold the said tenements with the appurtenances unto the said James Jackson and his assigns, from the first day of May in the year aforesaid, until the full end and term of twenty one years from thence next ensuing, and fully to be complete and ended.  By virtue of which said demise, the said James Jackson entered into the said tenements with the appurtenances so to him demised as aforesaid, for the term aforesaid, and was thereof possessed until the said John Styles afterwards and during the continuance of the said term and interest of the said James Jackson in the said tenements with the appurtenances, to wit, on the fifth day of May in the year of our Lord one thousand eight hundred and twenty two entered with force and arms, &c. into and upon the said tenements with appurtenances so demised to the said James Jackson as aforesaid and then and there ejected him out off and from his said premises his said term therein being not yet ended and other wrongs to him the said James Jackson then and there did against the peace of the People of the State of New York and to the damage of the said James Jackson of one thousand dollars and thereof he brings suit &c.

And now at this day that is to say on the first Monday in May in this same term to which day the said John Styles had leave to emparl and then to answer before the Justices aforesaid at the City Hall of the City of New York comes the said James Jackson by his attorneys aforesaid and the said John Styles although solemnly demanded comes not but makes default by reason whereof the said James Jackson remains undefended by the said John Styles wherefore the said James Jackson ought to recover against the said John Styles his damages on occasion of the premises.

Therefore it is considered that the said James Jackson recover against the said John Styles his said term yet to come of and in the tenements aforesaid with the appurtenances and also his damages sustained by reason of the trespass and ejectment aforesaid and hereupon the said James Jackson freely here in Court remits to the said John Styles all such damages costs and charges as might or ought to be adjudged to him the said James Jackson by reason of the trespass and ejectment aforesaid:  Therefore, let the said John Styles be acquitted of those damages costs and charges &c.  And hereupon the said James Jackson prays a writ to be directed to the Sheriff of the County aforesaid to cause him to have possession of his said term yet to come of and in the tenements aforesaid with the appurtenances and it is granted to him returnable before the Justices of this same Court at the Academy in Utica on the first Monday of August next—

The same day is given to the said James Jackson, there &c.

Judgment signed this 12th May 1823

Estes Howe, Recorder

Supreme Court
James Jackson, ex dem.
Edward P. Livingston
Edward P. Livingston & Elizabeth his wife
Robert L. Livingston
            vs       
John Styles  (Jesse Crow, Tenant)
Record
            Tillotson & Cockburn, AttorneysGreene Dd
Filed May 12th 1823

Pleas before the Justices of the people of the state of New York of the Supreme Court of Judicature of the same people at the City Hall of the City of New York of the Term of May in the year Eighteen hundred and twenty three

                                                                        Fairlie, Bloodgood & Breese, Clks.

Greene            James Jackson puts in his place William Fraser his attorney against John Stiles in a plea of trespass and Ejectment of farm

Greene            John Stiles in his proper person at the suit of James Jackson in the plea aforesaid

Greene            Be it Remembered that of the term of May in the year Eighteen hundred and twenty two before the Justices of the people of the state of New York of the Supreme Court of Judicature of the same people came James Jackson by William Fraser his attorney and brings into the same Court before the said Justices now here his bill against John Stiles in Custody, of a plea of trespass and Ejectment of Farm and there are pledges for the prosecution thereof to wit John Doe and Richard Roe and which bill follows in these words to wit—James  Jackson complains of John Stiles in Custody  &c  for that whereas Nicholas J. Van Loon, John Van Loon and John H. Van Hoesen Trustees of the Evangelical Lutheran Zions Church &c Corporation of Loonenburgh on the first day of June in the year Eighteen hundred and nine had demised granted and to farm let to the said James Jackson on Acre of Land one acre of meadow Land one acre of Pasture Land and one acre of Land covered with water known and distinguished as Lot number forty one of the Glebe Lands belonging to the said Evangelical Lutheran Church and Corporation of Loonenburgh with the appurtenances situate Lying and being now in town and Corporation of Athens formerly Called Loonenburgh aforesaid in the County of Greene to have and to hold the said premises with the appurtenances unto the said James Jackson from the first day of June in the year aforesaid for and during and until the full and and (sic) term of twenty years thence next ensuing and fully to be complete and ended by virtue of which said demise the said James Jackson entered into the said premises with the appurtenances as was possesses thereof until the said John Stiles afterwards to wit of the Second day of June in the year aforesaid with force and arms &c entered into the premises aforesaid with the appurtenances in the possession of the said James Jackson from his said farm and then Ejected drove out and removed the said James Jackson from his said farm his said term therein not being yet ended and his the said James Jackson so Ejected drove out removed hath kept out and still doth keep out from his possession aforesaid and other injuries to him the said James Jackson then and there did against the peace of the people of the state of New York and to the damage of the said James Jackson of one hundred dollars and thereof he brings suit &c

And the said John Stiles in his proper person comes and defends the force and injury when &c and says nothing in ban or preclusion of the action of the said James but hath made default whereby the said James remains against the said John undefended &c.  Therefore it is Considered that the said James ought to recover his term aforesaid yet to come of and in the tenements aforesaid with the appurtenances and his damages by reason of the premises against the said John whereupon the Sheriff is Commanded without delay to cause the said James to have his possession of his term aforesaid yet to come of and in the tenements aforesaid with the appurtenances and to certify how that precept shall be executed to our said Justices of the said people at Albany of the first Monday in August next the same day is given to the said John &c And the said John in mercy &c.

Sup. Court

James Jackson exoim             }
Nicholas J. Van Loon             }  Judgt
& others—Trustees &c          }  Roll
            vs                                   }
John Stiles  John Jas               }
transda fent (???)                   }  Wm. Fraser, Atty.
Athens Greene Co.     Dc
Filed May 19th 1823

 

To any Attorney or Attornies of any Court of Record in the State of New York

There are to authorize you or any of you to appear for me Seth Scott—of the Town of Catskill in the county of Greene and state of New York in any court of Record in the State of New-York, at the suit of Lewis Benton of the Town of Catskill in the county of Greene and state of New York as of any term or time before or after the date of these Presents, to file common bail and to receive a declaration against me in action of debt on a bond or bill penal bearing even date herewith, for the sum of one Hundred Dollars—the penalty of the said bond or bill, or for so much money borrowed, and thereupon to confess the action or otherwise to suffer judgment to pass against me for the said debt, and to release all errors on such judgment so confessed; for which this shall be your sufficient warrant.  In witness whereof I have hereunto set my hand and seal the Twenty sixth day of April in the year of our Lord one thousand eight hundred and Twenty-Three.

Sealed and Delivered in Presence of:

J. Bellamy                                                       Seth Scott

Supreme Court

Lewis Benton
            vs
Seth Scott
Judgment Record--??? of Atty
Narr—Plea-common Bail Piece
                        Adams & Benton, Atties.

100.~
  10.~               Dd
Filed May 31st 1823

New-York Supreme Court.                            Of May Term, in the year of our Lord one thousand eight hundred and Twenty-Three

Greene County            Lewis Benton, Plaintiff in this suit, complains of Seth Scott, Defendant in this suit, of a plea that the said Defendant render unto the said Plaintiff one Hundred dollars lawful money of the United States of America, which to the said Plaintiff the said Defendant owes and from said Plaintiff, unjustly detains.  For that whereas the said Defendant on the Twenty-sixth day of April in the year of our Lord one thousand eight hundred and Twenty-Three at the Town of Catskill, County aforesaid—by a certain writing obligatory, sealed with the Seal of the said Defendant and to the Court now here shown, the date whereof is on the same day and year aforesaid, acknowledged himself to be held and firmly bound unto the said Plaintiff in the sum of One Hundred dollars lawful money of the United States of America, to be paid to the said Plaintiff when the said Defendant should be thereunto afterwards required.  For which payment well and truly to be made, the said Defendant bound himself, his heirs, executors, and administrators, firmly by the said writing obligatory.  And the said Plaintiff avers that the aforesaid sum of money in the said writing obligatory mentioned, at the time of the making of the said writing obligatory, was, and ever since hath been, and yet is, of the value of the sum of money herein first above demanded, to wit, at the place aforesaid, of which the said Defendant then and there had notice.  Nevertheless, the Defendant (although often required, &c.) has not yet paid the aforesaid sum of money above demanded, or any part thereof, to the said Plaintiff but to pay the same, or any part thereof, to the said Plaintiff the said Defendant has hitherto wholly refused, and still does refuse, to the damage of the said Plaintiff of One Hundred Dollars.  And thereof the said Plaintiff brings suit, &c.

John Doe and     }                                           Adams & Benton, Attornies for Plaintiff

Richard Roe       }  Pledges to prosecute.

                        Greene County            Lewis Benton puts in his place Adams & Benton his Attornies against Seth Scott in a plea of debt.

Know all Men by these Presents, That I Seth Scott am held and firmly bound unto Lewis Benton in the sum of One Hundred dollars & (blank) cents current money of the United States of America to be paid to the said Lewis or to his certain attorney, heirs, executors, administrators, or assigns.  To which payment well and truly to be made, I bind myself my heirs, executors, and administrators, & each & every of them firmly by these presents.  Sealed with my Seal Dated the Twenty-sixth day of April in the year of our Lord one thousand eight hundred and Twenty-Three  The Condition of the above Obligation is such, That if the above bounden Seth Scott his heirs, executors, or administrators, or any of them, shall and do well and truly pay, or cause to be paid, unto the above mentioned named Lewis Benton, his heirs, executors, administrators, or assigns, the just and full sum of Fifty-two dollars with interest & Fifty cents lawful money aforesaid, without any fraud or other delay then the above Obligation to be void, & of none effect otherwise to remain in full force and virtue.

Sealed and delivered in the presence of

            J. Bellamy                                           Seth Scott

New-York Supreme Court.                Of May Term, in the year of our Lord one thousand eight hundred and Twenty-Three

            Greene County                        Seth Scott is delivered to bail, on the taking of his body to John Doe and Richard Roe, of the said Town of Catskill gentlemen, at the suit of Lewis Benton in a plea of debt                      J. Pinckney, Attorney for Defendant

New-York Supreme Court.

Seth Scott                   }
            adsnr               }  PLEA
Lewis Benton            }

And the said Seth Scott the said Defendant by James Pinckney his Attorney comes and defends the wrong and injury, when &c. and says that he cannot deny the aforesaid action of the said Plaintiff nor but that the aforesaid writing obligatory is his deed, nor but that he owes to the said Plaintiff the said sum of One Hundred dollars lawful money of the United States of America, in the bill aforesaid mentioned, &c.

                                                            J. Pinckney, Attorney for Defendant

Greene County                        Seth Scott puts in his place James Pinckney his Attorney at the suit of Lewis Benton in a plea of debt.

[County Counsellor &c.]

New-York Supteme Court.

                                                Pleas before the Justices of the People of the State of New-York of the Supreme Court of Judicature of the same People, at the City Hall in the City of New York—Of May Term, in the year of Lord one thousand eight hundred and Twenty-Three.  Witness, John Savage Esq. Chief Justice.

                                    Fairlie, Bloodgood, & Breese, Clerks.

Greene County                        Lewis Benton puts in his place Adams & Benton his Attornies against Seth Scott in a plea of debt

Greene County                        Seth Scott puts in his place James Pinckney his Attorney at the suit of Lewis Benton in the plea aforesaid.

Greene County                        Be it Remembered, That on the First Monday of May in this same term, before the Justices of the People of the State of New-York, of the Supreme Court of Judicature of the same People, at the City Hall in the City of New York came Lewis Benton Plaintiff by Adams & Benton his Attornies and brings now here in the Court of the said People, before the Justices aforesaid, his certain bill against Seth Scott Defendant in custody, &c. in a plea of debt, and there are pledges to prosecute, to wit, John Doe and Richard Roe, which said bill follows in these words, to wit:

            Greene County                        Lewis Benton Plaintiff in this suit, complains of Seth Scott Defendant in this suit, of a plea that the said Defendant render unto the said Plaintiff One Hundred dollars lawful money of the United States of America, which to the said Plaintiff the said Defendant owes and from the said Plaintiff unjustly detains.  For that whereas the said Defendant on the Twenty-sixth day of April in the year of our Lord one thousand eight hundred and Twenty –Three at the town of Catskill, County aforesaid by a certain writing obligatory, sealed with the Seal of the said Defendant and to the Court now here shown, the date whereof is on the same day and year aforesaid, acknowledged himself to be held and firmly bound unto the said Plaintiff in the sum of One Hundred dollars lawful money of the United States of America, to be paid to the said Plaintiff when the said Defendant should be thereunto afterwards required.  For which payment well and truly to be made, the said Defendant bound himself his heirs, executors, and administrators, firmly by the said writing obligatory.  And the said Plaintiff aver that the aforesaid sum of money in the said writing obligatory mentioned, at the time of the making of the said writing obligatory, was, and ever since hath been, and yet is, of the value of the sum of money herein first above demanded, to wit, at the place aforesaid, of which the said Defendant then and there had notice.  Nevertheless, the said Defendant (although often required, &c.) has not yet paid the aforesaid sum of money above demanded, or any part thereof, to the said Plaintiff but to pay the same, or any part thereof, to the said Plaintiff the said Defendant has hitherto wholly refused, and still does refuse, to the damage of the said Plaintiff of One Hundred Dollars.  And thereof the said Plaintiff brings suit, &c.

And the said Seth Scott the said Defendant by James Pinckney his Attorney comes and defends the wrong and injury, when, &c. and says that he cannot deny the aforesaid action of the said Plaintiff nor but that the aforesaid writing obligatory is his deed, nor but that he owes to the said Plaintiff the said sum of One Hundred dollars lawful money of the United States of America, in the bill aforesaid mentioned, &c.

Therefore it is Considered, That the said Plaintiff do recover against the Defendant the debt aforesaid, and also Ten Dollars (blank) Cents, for the damages which the said Plaintiff has sustained, as well by occasion of the detention of that debt, as for the costs and charges by him about this suit in that behalf expended by the Court now here adjudged to the said Plaintiff and with his assent and the said Defendant in mercy, &c.

Judgment signed the 26th day of May in the year of our Lord on thousand eight hundred and twenty three.                                      

John V.D.S. Scott first Judge, Greene County Counsellor &c

                                                Satisfaction Piece

Supreme Court:                                  Of May Term in the year 1823

Greene County            Satisfaction is acknowledged between Lewis Benton Plaintiff & Seth Scott Defendant of a plea of Debt for one Hundred dollars debt, and Ten dollars costs.                                        Judgment entered of May Term in the year 1823

Taken before me                                                         Lewis Benton

17th April 1824

            J. Pinckney a Commissr. under the Act 19 April 1823

Afterwards to wit in the Term of (blank) one thousand eight hundred and twenty three before the Justices of the Supreme Court of Judicature of the People of the State of New York at the (blank) the City of (blank) comes here into Court the said Lewis Benton and acknowledges he is satisfied by the said Seth Scott for the debt and damages aforesaid.  Therefore be the said Seth Scott from these debt and damages  thereof quit &c.

 

Sup. Court                                                       of the Term of July in the year one

Ebeneser Jones                                               Thousand Eight hundred and Two
            ad
Richard Nichols 

Greene                        Ebenezer Jones is delivered to bail on Cepi Corpus to John Doe & Richard Roe of Catskill in Greene County tinken at the suit of the above plaintiff in a plea of debt

Pinckney for Deft.

Sup. Court

Ebenezer Jones           }  Com.
            ad.                     }  bail
Richard Nichols          }  ???
 

Pinckney  Atty
Filed 29th Augt. 1802

Sup. Court

Ebenezer Jones
            ad
Richard Nichols

And the said Ebenezer by James Pinckney his attorney comes and defends the wrong and injury when &c and says that he cannot deny but that the said writing obligatory is the deed of him the said Ebenezer now but that he owes to the said Richard the said three hundred dollars in manner and form as the said Richard has above thereof declared against him &c                        Pinckney    Atty for Deft. 

Greene                        Ebenezer Jones puts in his place James Pinckney his attorney at the suit of Richard Nichols in the place aforesaid 

Sup. Court

Ebenezer Jones         }
            ad                    }  Coynt.?
Richard Nichols        }

            Pinckney   Atty
Filed 20th  Augt. 1802

Whereas I Ebenezer Jones am held & firmly bound unto Richard Nichols by a certain obligation bearing ?? date herewith in the penal sum of three hundred dollars conditioned for the payment of the sum of forty two dollars & seventy one Cent.—

Now know all men by these presents that I the said Ebenezer Jones in order to secure the ???? payment of the above mentioned sum, do hereby authorize & empower any attorney of any Court of Record in the state of New York to appear for me at the suit of the Obligee or his representative, file common bail ??? a declaration & confess or suffer Judgment against me for the above penalty in terms or vacation of terms as of any terms or time before or after the date hereof or as for as much money borrowed by me of the said Richard Nichols by borrowers actions or otherwise, and to ????? the said Richard Nichols his heirs Executors or administrators all ????? on ?????????  proceedings in the said Judgment or proceeding for which this shall be sufficient warrant:  Witness my hand & seal this 13th day of August 1802—                               Ebenezer Jones

The words “the said Richard Nichols his heirs Executors or administrators” interlined before signing

signed & sealed & delivered in presence of

Jesse Brush

Sup. Court

Richard Nichols          }  Deft.
            ad                      }  ????
Ebenezer Jones           }  Atty. 

Filed 20th Augt. 1802 

Sup. Court--    Of the term of July in the year one thousand eight Hundred & two—

Greene                        Richard Nichols Complains of Ebenezer Jones in Custody &c. of a plea that he Render to the said Richard three hundred dollars which the said Ebenezer owes to & unjustly detains from the said Richard for that whereas the said Ebenezer on the thirteenth day of August in the year one thousand Eight Hundred & two at Catskill in Green County by his certain writing obligatory sealed with the ??? of the said Ebenezer—& to the Court now here shown the date whereof is on the same day & year aforesaid acknowledges him self to be held and firmly bound to the said Richard—in the said three hundred dollars to be paid to the said Richard when he the said Ebenezer should be thereunto afterwards Requested:  Nevertheless the said Ebenezer (although often Requested &c) hath not yet paid the said three hundred dollars to the said Richard but hath hitherto wholly Refused & still doth Refuse to pay the same to him to the damage of the said Richard of Fifty dollars & thereof he brings suit &c—

Pledges  } John Doe                                                   J. Brush, Ptff. Atty.
                } Richard Roe 

Green  Richard Nichols picks in his place Jesse Brush his attorney against Ebenezer Jones in a plea of debt

                        Oyes                                                   

Know all men by these presents that I Ebenezer Jones am held and firmly bound unto Richard Nichols in the sum of three hundred dollars to be paid to him his heirs Executors and administrators for the payment of which sum I bind myself my heirs Executors and Administrators firmly by these presents Sealed with my Seal dated this 13th Day of August

The Condition of the above obligation is such that if the above bounder, Ebenezer Jones Shall pay the said Richard Nichols forty ??? dollars and seventy one cents before the thirteenth of August Instant with lawful Interest bill paid:  Then the above obligation to be void or else to Remain in full force and Virtue

Signed Sealed and                                          Ebenezer Jones
Delivered in presence of
Jesse Brush 

Sup. Court
Richard Nichols
           vs
Ebenezer Jones
??        & Oyer
J. Brush, Atty.
Filed 20th Augt 1802

Sup. Court                               Pleas before the Justices of the people of the state of New York of the supreme court of Judicature of the same people at the City Hall of the City of New York of the term of July in the year one thousand Eight hundred and two.  Witness Morgan Levies Esquire chief Justice                         Fairlee, Clk. 

Greene            Richard Nichols puts in his place Jesse Brush his attorney against Ebenezer Jones in a plea of debt 

Greene            Ebenezer Jones puts in his place James Pinckney his attorney at the suit of Richard Nichols in the plea aforesaid 

Greene            Be it remembered that on the third Tuesday in July in this same term before the Justices of the People of the state of New York at the City Hall of the city of New York came Richard Nichols by Jesse Brush his attorney and brot here into the Court of the said Justice then there his certain bill against Ebenezer Jones in custody &c. of a plea of debt and there are pledges to prosecute to wit John Doe & Richard Roe which said bill ????? on there word and, to wit Greenne.  Richard Nichols complains of Ebenezer Jones in custody &c. of a plea that he render to the said Richard three hundred dollars which the said Ebenezer owes to and unjustly detains from the said Richard; for that whereas the said Ebenezer on the thirteenth day of August in the year one thousand Eight hundred and two at Catskill in Greene County by his certain writing obligatory sealed with the seal of the said Ebenezer and to the Court now here shown the date whereof is on the same day and year aforesaid acknowledged him self to be held and firmly bound to the said Richard in the said three hundred dollars to be paid to the said Richard when he the said Ebenezer should be thereunto afterwards requested:  Nevertheless the said Ebenezer (although often requested &c) hath not yet paid the said three hundred dollars to the said Richard but hath hitherto wholly refused & still doth Refuse to pay the same to him to the damage of the said Richard of fifty dollars & thereof he brings suit &c—And the said Ebenezer by James Pinckney his attorney comes & defends the wrong and injury when &c. and says that he cannot deny but that the said writing obligatory is the deed of him the said Ebenezer.  Now but that he owes to the said Richard the said three hundred dollars in ????? and form as the said Richard has above thereof declared against him ???.  Therefore it is considered that the said Richard Nichols recover against the said Ebenezer Jones his said debt and his damages by reason of the detaining that debt to Fourteen Dollars and forty three cents by the Court here adjudged to the said Richard by his assent and the said Ebenezer in mercy &c.—

Judgment signed this Twentieth day of August 1802

M. Bloodgood, Clk. 

Sup. Court

Richard Nichols          }
            vs                       }  Judgt.
Ebenezer Jones            }  Roll 

J. Brush, Atty
Filed 20th August 1802

$300.
    14.43
Dockt.

Pleas before the Justices of the People of the State of New York in the Supreme Court of Judicature of the same people Held at the City Hall of the City of New York on the third Tuesday in April one thousand Eight hundred and two.  Witness Morgan Lewis Esqr Chief Justice at New York.                          Bloodgood & Fairlie, Clks. 

Green              Stephen Day, Ira Day and Orrin Day put in their places James Pinckney their attorney against Samuel Haight in a plea of trespass in this Case 

Greene            Samuel Haight puts in his place John V.D.S. Scott his attorney at the suit of Stephen Day, Ira Day and Orrin Day in the Plea aforesaid 

Green              Be it remembered that on the third Tuesday in January last past before the Justices of the People of the State of New York in the Supreme Court of Judicature of the same People at the City of Albany came Stephen Day, Ira Day & Orrin Day by James Pinckney their Attorney and brought into the same Court Before the said Justices then there, their certain Bill against Samuel Haight being in Custody &c, of a Plea of trespass on the Case and there are pledges of prosecution to wit John Doe and Richard Roe which said Bill follows in these words to wit, Stephen Day, Ira Day & Orrin Day complains of Samuel Haight in Custody &c for this to wit that whereas the said Stephen, Ira & Orrin on the Twenty Eighth day of November One thousand Eight hundred & before & afterwards were Partners using joint trade & Commerce as partners under the firm of Stephen Day and Sons, at Catskill in the County of Green, And they being so Partners as aforesaid the said Samuel Haight afterwards to wit on the same day and year and at the Place aforesaid was Indebted to the said Stephen, Ira & Orrin in the sum of One thousand Dollars for so much Money by him, the said Samuel Haight before that time had & Received to the use of the said Stephen, Ira & Orrin and being so Indebted the said Samuel afterwards to wit on the same day and year and at the place aforesaid undertook & then and there faithfully promised that he would well & truly pay the said Stephen, Ira & Orrin the said sum of one thousand Dollars when he should be thereunto afterwards requested; Nevertheless the said Samuel his Promise so made not regarding but Contriving fraudulently intending Craftily & subtilly to Deceive & Defraud the said Stephen, Ira & Orrin in this behalf the said sum of money above mentioned or any Cent thereof not paid to them (although to pay the same the said Samuel was requested by them so to do afterwards to wit at the Town of Catskill in the County of Green aforesaid) But to pay the same to the said Stephen, [bottom line is cut off on the copy]

well & truly pay the said Stephen, Ira & Orrin the said sum of one thousand Dollars when he should be thereunto afterwards requested; Nevertheless the said Samuel his Promise so made not regarding but Contriving fraudulently intending Crafily & subtilly to Deceive & Defraud the said Stephen, Ira & Orrin in this behalf, this said sum of money above mentioned or any Cent thereof hath not paid to them (although to pay the same the said Samuel was requested by them so to do afterwards to wit at the Town of Catskill in the County of Greene aforesaid)  But to pay the same to the said Stephen, Ira and Orrin he the said Samuel hitherto hath & still does wholly refuse to the damage of the said Stephen, Ira & Orrin of Five Hundred Dollars and thereupon they bring suit &c.  And now at this day that is to say on the third Tuesday in April in this same Term until which day the said Samuel had leave to impart to the said Bill and then to answer the same before the same Justices at the City of New York comes as well the said Samuel by John V.D.S. Scott his attorney as the said Stephen Day, Ira Day & Orrin Day by their attorney aforesaid, and the said Samuel defends the wrong and injury when &c and says that he did not undertake and promise in manner & form as the said Stephen, Ira & Orrin in Declaring have alledged against him and of this he puts himself upon the Country and the said Stephen, Ira & Orrin likewise &c.

Therefore let a Jury thereupon come before the Justices of the people of the state of the State of New York in the Supreme Court of Judicature of the same People at the City Hall of the City of New York on the third Tuesday in July next [paragraph stricken]

Twelve &c by whom &c and who neither &c to recognize &c Because as well &c this same day is given to the Parties aforesaid there &c—On which day comes the said Stephen, Ira and Orrin by their Attorney aforesaid, And the Justice to wit Brockholst Livingston Esquire before whom &c hath sent here his Record before him had in these words to wit, Afterwards that is to say on the day & at the Place within mentioned Before the Honorable Brockholst Livingston Esquire one of the Justices of the People of the State of New York according to the form of the Statute in such Case come the Parties aforesaid by their Attornies within named and the Jurors of that Jury being summoned some of them that is to say Levi Day, Benjamin Lisk, Jeremiah Biddle, Ebenezer Bracket, Aaron Roberts, Joseph Land, David Mervin & John Pollack appeared And because the residue of the Jurors of the same Jury do not appear, Therefore other Persons of then standing by the Court by the Sheriff of the County aforesaid at the request of the said Stephen, Ira & Orrin and by Command of the said Justice are now newly set down whose names are afiled in the within written Panel According to the form of the Statute in such Case made & Provided which said Jurors so newly set down to wit, Nathan Burrows, Henry Edget, Walter Minor & Samuel Perkins being required came who together with the other Jurors before impannelled and sworn to declare the truth of the within contents being Elected tried & proven upon their Oath say that the said Samuel Haight did undertake & promise in such manner & form as the said Stephen, Ira & Orrin have within Complained against him & they assess the damages of the said Stephen, Ira & Orrin by reason of the nonperformance of the premises within written to ????? their Costs & Charges laid out by them in this behalf to Two Hundred & forty one Dollars & five Cents and for those Costs & Charges to Six Cents

Therefore it is Considered that the said Stephen, Ira & Orrin Do recover against the said Samuel their Damages aforesaid by the Jury aforesaid in for aforesaid assessed and also Twenty five Dollars for their Costs & Charges by them about their suit Expended by the Court adjudged to the said Stephen, Ira & Orrin with their assent which Damages in the whole amount to Two Hundred & fifty six Dollars & Eleven Cents & the said Samuel in Mercy &c. 

Judgment signed the Ninth day of August 1802

M. Bloodgood, Clk                                                                             241.5
                                                                                                                25.6
                                                                                                            266.11 

Sup. Court

Stephen Day & others
            vs
Samuel Haight
            Judgt. roll
Pinckney, Atty.
filed 9th August 1802

            $266.11
                        Dockt.

Whereas we Isaac Haight and John Pitcher by our two ????? Bonds having ???? date here with amounting to the sum of Two hundred & Sixty Dollars conditioned for the payment of one hundred & Twenty five Dollars with Int. on or before the Twelfth day of May next made payable to Robert Rutsey? Goelet, Now therefore we the said Isaac & John do hereby authorize & empower any attorney of any court of record in the State of New York  or else where to receive a Dulerection? for us at the suit of the oblige to file Common Bail & Confess Judgment for the said sum of Two hundred & Sixty Dollars by cognovits artiomem or otherwise or to [rest of line obliterated] a mutualus & to confess Judgment thereupon for the said sum of two hundred & sixty Dollars as of any term or time prior or subjectment hereto & the same judgt. so to be confessed forthwith to be entered of record—and also to rehan? the Errors of any such judgt. so to be confessed as aforesaid.  In witness whereof we have hereunto set our hands & seals this Sixteenth day of March 1802

Sealed & Delivered

In presence of                                                             Isaac Haight
the words & Sixty first mentioned                         John Pitcher
????? Canfield
Luther Wheeler

Supreme Court

Isaac Haight &
John Pitcher
            ads.
Robert Rutsey Goelet
     Warrant of Atty.
Filed 25’ May 1802

Supreme Court                       Of the Term of April in the year One thousand Eight hundred & Two

Greene            Robert Rutsey Goelet complains of Isaac Haight and John Pitcher in Custody &c of a Plea that they render to him Two hundred and Sixty Dollars which to him they owe and from him unjustly detain for this to wit that whereas the said Isaac and John on the Sixteenth day of March one thousand eight hundred and Ninety Two at the Town of Catskill and in the County of Green made their certain Bond obligatory sealed with the seals of the said Isaac and John and to the court of the People now here shown bearing date the same day and year aforesaid by which said writing obligatory the said Isaac and John are held and firmly Bound unto the said Robert Rutsey Goelet the sum of one hundred Dollars part of the aforesaid sum of Two hundred and Sixty Dollars payable to the said Robert when thereunto afterwards they the said Isaac and John by the said Robert should be requested and whereas also the said Isaac Haight and John Pitcher on the said Sixteenth day of March in the year one thousand Eight hundred and Two aforesaid at the Town of Catskill aforesaid in the County of Green aforesaid mad their certain other writing obligatory sealed with the seals of the said Isaac and John and to the Court of the People nowhere shown bearing date the same day & year aforesaid by which said writing obligatory the said Isaac and John are held and firmly bound unto the said Robert in the sum of one hundred & Sixty Dollard part & residue of the said sum of Two hundred and Sixty Dollars  payable to the said Robert when thereunto afterwards they the said Isaac and John by the said Robert should be requested—Yet the said Isaac & John the aforesaid sum of money or any of them or any part thereof have not nor hath either of them although often required or rendered & paid to the said Robert but to pay the same have hitherto & still doth wholly refuse to the damage of the said Robert of Fifty Dollars and thereof he bring suit &c.

                                                Canfield Atty &c.       Pledges  }  John Doe
                                                                                                         Richard Roe 

Green              Robert Rutsey Goelet puts in his place John M. Canfield his Attorney against Isaac Haight and John Pitcher in a plea of Debt

                                                Oyes 

10        Know all men by these presents that we Isaac Haight & John Pitcher are held and firmly bound unto Robert Rutsey Goelet in the sum of one hundred Dollars to be paid to the said Robert or his assigns for payment of which we bind ourselves our Heirs Executors and administrators firmly by these presents sealed with our seals and Dated this Sixteenth day of March 1802.           The condition of the above obligation is such that if the above boundees Isaac and John or either of them shall well and truly pay to the above named Robert the sum of fifty five Dollars on or before the Twelfth day of May next with Interest then the above obligation to him null and void otherwise to be and remain in full form and Virtue

Sealed & Delivered in                                                            Isaac Haight
Presence of                                                                               John Pitcher
John M. Canfield
Luther Wheeler

10                                                        Oyer

Know all men by these presents that we Isaac Haight and John Pitcher are held and firmly bound unto Robert Rutsey Goelet the sum of one hundred and Sixty Dollars to be paid

                                                            Oyer continued

to the said Robert or his assigns for payment of which we bind ourselves our heirs Executors and administrators jointly & severally by these presents sealed with our seals and dated the 16th of March 1802

                                    The condition of the above obligation is such that if the above bounden Isaac and John or either of them shall well and truly pay or cause to be paid unto the above named Robert the Just and full sum of Seventy Dollars on or before the Twelfth day of May next with Interest then the above obligation to be null and void otherwise to be and remain in full force and Virtue.

Syned Sealed & Delivered                                         Isaac Haight
in presence of                                                               John Pitcher
Jno. M. Canfield
Luther Wheeler 

Supreme Court  
Isaac Haight &
John Pitcher
            ads
Robert Rutsey Goelet             And the said Isaac and John by Jesse Brush their attorney come and defend the wrong & injury when &c and say they cannot deny the ????? of the said Robert nor but that the said Writings obligatory are the proper Deeds of them the said Isaac and John nor but that they owe to the said Robert the said sum of Two hundred and Sixty Dollars and in measure and form as he above against them declares—

                                                                        Jesse Brush, Atty for Deft.

Green              Isaac Haight and John Pitcher put in their place Jesse Brush their attorney at the suit of Robert Rutsey Goelet in the Plea aforesaid— 

Supreme Court

Robert Rutsey Goelet
            v
Isaac Haight &
John Pitcher
            Copy of Narr & Oyer
            Canfield Atty for Pltff.
& Copy of Plea & Com ??? Piece
            Bruch atty for Defts.
Filed 25th May 1802

Supreme Court                       Of the Term of April in the year One thousand Eight hundred and Two—

Green              Isaac Haight and John Pitcher are delivered to Bail on taking of their Body

                                    To John Doe of the Town of Catskill in the County of Green gentleman & Richard Roe of the same place farmer at the suit of Robert Rutsey Goelet in a plea of Debt—

Jesse Brush atty for Defts.

Supreme Court                       Pleas before the Justices of the People of the State of New York of the Supreme Court of Judicature of the same People at New York of the Term of April in the year of our Lord one thousand Eight hundred and Two.  Witness Morgan Lewis, Esquire, Chief Justice at New York.                          Fairlee, Clk.

Green                                      Robert Rutsey Goelet puts in his place John M. Canfield his attorney against Isaac Haight and John Pitcher in a Plea of Debt—

Green                                      Isaac Haight and John Pitcher put in their place Jesse Brush their attorney at the suit of Robert Rutsey Goelet in the Plea aforesaid—

Green                                      Be it Remembered that on the Third Tuesday in April in this same Term before the Justices of the People of the State of New York of the Supreme court of Judicature of the same people at New York come Robert Rutsey Goelet by John M. Canfield his attorney and brought into the said Court of the People before the said Justices then there his certain Bill against Isaac Haight and John Pitcher in Custody &c of a Plea of Debt and there are pledges for the prosecution thereof to wit John Doe and Richard Roe which sail Bill follows in these words to wit            Green  Robert Rutsey Goelet complains of Isaac Haight and John Pitcher in Custody &c of a plea that they render to him Two hundred and Sixty Dollars which to him they owe and from him unjustly detain for this to wit that whereas the said Isaac and John on the Sixteenth day of March one thousand Eight hundred and Two at the Town of Catskill in the County of Green made their certain Bond obligatory sealed with the seals of the said Isaac and John and to the Court of the People now here shown hearing bearing date the same day and year aforesaid by which said Writing obligatory the said Isaac and John are held and firmly bound unto Robert Rutsey Goelet in the sum of One hundred Dollars part of the aforesaid sum of Two hundred and Sixty Dollars, payable to the said Robert when thereunto afterwards they the said Isaac and John by the said Robert should be requested—And whereas also the said Isaac Haight and John Pitcher on the said Sixteenth day of March in the year one thousand Eight hundred and Two aforesaid at the Town of Catskill aforesaid in the County of Green aforesaid made their certain other writing obligatory sealed with the seals of the said Isaac and John and to the Court of the People now here shown bearing date the same day and year aforesaid by which said Writing obligatory the said Isaac and John are held and firmly bound unto the said Robert in the sum of one hundred and Sixty Dollars part and residue of the said sum of Two hundred and sixty Dollars payable to the said Robert when thereunto afterwards they the said Isaac and John by the said Robert should be requested Yet the said Isaac and John the aforesaid sum of money or any of them or any part thereof have not nor hath either of them although often required &c rendered and ???? to the said Robert but to pay the same have hitherto and still doth wholly refuse to the damage of the said Robert of Fifty Dollars and thereof he brings suit &c and the said Isaac and John by Jesse Brush their attorney comes and defends the form and injury when &c and say they cannot deny the action of the said Robert nor but that the said writings obligatory are the proper deeds of them the said Isaac and John nor but that they owe to the said Robert the said sum of Two hundred and Sixty Dollars in manner and form as he above against them declares

            Therefore it is considered that the said Robert Ratsey Goelet do recover against the said Isaac Haight and John Pitcher his said Debt of Two hundred and Sixty Dollars in form aforesaid acknowledged also Sixteen Dollars and thirty seven cents—for his damages which he has sustained by reason of the Detention of that debt to the said Robert with his assent by the said Justices of the said Court of the People now here adjudged and the said Isaac and John in Mercy &c 

Judgment Signed this Twenty fifth day of May MDCCCII              M. Bloodgood, Clk. 

Supreme Court

Robert Ratsey Goelet
            vs
Isaac Haight &
John Pitcher

Judgt. Roll
Canfield atty
Filed 25th May 1802

            $260.               }
                16.37           }  206 ??
Dock.

 

To any attorney of any Court of Record in the State of New York

            These are to desire & authorize you or either of you to appear for me Ebenezer Horton at the suit Oliver Bull as of any Term or Time prior or subsequent hereto in any of the Courts aforesaid and for me and in my name to receive a Dubration upon a mutualus at the suit of the oblige to file Common Bail and confess Judgment for the sum of four hundred Dollars (being the penalty of a certain Bond by me executed to the said Oliver bearing ????? date herewith and Conditioned for the payment of Two hundred Dollars on demand with Interest) forthwith therefore as of any Term or Time prior or subsequent hereto, and the same Judgt. to cause to be entered of Record and to reban? the Errors of any such Judgt.      In witness whereof I have hereunto set my hand and seal this 20th day of May 1802—

Sealed & Delivered in presence of                            Ebenezer Horton
John Hamlin
Jno. M. Canfield

Supreme Court

Ebenezer Horton
            ads
Oliver Bull
Warrant of Atty.
Filed 25” May 1802

Supreme Court                       Of the Term of April in the year one thousand Eight hundred and Two—

Green              Oliver Bull complains of Ebenezer Horton in Custody &c in a Plea that he render to the said Oliver Bull four hundred Dollars lawful money of the State of New York which the said Ebenezer Horton owes to the said Oliver Bull and from him unjustly detains for that to wit that whereas the said Ebenezer Horton on the Twentieth day of May in the year of our Lord one thousand Eight hundred and Two at the Town of Catskill in the County of Green Borrowed of the said Oliver Bull the aforesaid four hundred Dollars to be paid to the said Oliver when he should be thereunto required—Nevertheless the said Ebenezer although often required &c hath not yet paid the said Oliver the said four hundred Dollars but hitherto hath refused and still doth refuse to pay the same to him to the damage of the said Oliver of Fifty Dollars and thereof he brings suit &c—

                        Canfield atty &c Pledges &c John Doe & Richard Roe 

Green              Oliver Bull puts in his place John M. canfield his attorney against Ebenezer Horton in a plea of Debt upon a Mutualus

                                                            Oyer

Know all men by these presents that I Ebenezer Horton am held and firmly bound unto Oliver Bull in the sum of four hundred Dollars to be paid to the said Bull or his assigns for payment of which I bind myself my heirs Executors and administrators firmly by these presents

Sealed with my seal and Dated this 20th day of May 1802-- The Condition of the above obligation is such that if the above bounden Ebenezer Horton or his Executors shall well and truly pay to the above named Oliver Bull or his assigns the full sum of Two Hundred Dollars on Demand with Interest then the above obligation to be null & void otherwise to be & remain in full form and virtue                                  

                                                                                                                                                            Ebenezer Horton

Sealed & Delivered in presence of

Jno. Hamlin &
Jno. M. Canfield

Supe. Court

Ebenezer Horton
            ads
Oliver Bull                        and the said Ebenezer by Moses J. Cantine his attorney comes and defends the wrong and injury when &c. and says he cannot deny the action of the said Oliver nor but that he borrowed and owes to him the said sum of Four hundred Dollars in manner and form as he above against him complains &c

                                                Cantine atty for Deft. 

Green              Ebenezer Horton puts in his place Moses J. Cantine his attorney at the suit of Oliver Bull in the plea aforesaid &c 

Supreme Court
                                  Of the Term of April in the year one thousand Eight hundred and Two

Greene            Ebenezer Horton is delivered to Bail on taking of his Body

                                                                                    To John Doe and Richard Roe of the Town of Catskill in the County of Green Farmers at the suit of Oliver Bull in a Plea of Debt                                    Cantine atty for Deft. 

Supreme Court

Oliver Bull
            ads
Ebenezer Horton
            Canfield Atty
Copy of Plea & Com.
Bail  ???
            Cantine Atty for Deft.
Filed 25” May 1802

Supreme Court                                   Pleas before the Justices of the People of the State of New York of the Supreme court of Judicature of the same People at New York of the Term of April in the year one thousand Eight hundred and Two   Witness Morgan Lewis Esquire Chief Justice at New York                 Fairlie, Clk.

Green              Oliver Bull puts in his place John M. Canfield his Attorney against Ebenezer Horton in a Plea of Debt on Mutualus—

Green              Ebenezer Horton puts in his place Moses Cantine his Attorney at the suit of Oliver Bull in the plea aforesaid—

Green              Be it remembered that on the Third Tuesday in April in this same Term before the Justices of the people of the State of New York of the Supreme Court of Judicature of the same People at New York come Oliver Bull by John M. Canfield his attorney and brought into the said Court of the people before the said Justices then there his certain bill against Ebenezer Horton in Custody &c in a Plea of Debt on a mutualus and there are pledges for the prosecution thereof to wit John Doe and Richard Roe which said Bill follows in these words to wit 

Green              Oliver Bull complains of Ebenezer Horton in Custody &c in a Plea that he render to him the said Oliver Bull four hundred Dollars lawful money of the State of New York which the said Ebenezer Horton owes to the said Oliver Bull and from him unjustly detains for that to wit that whereas the said Ebenezer Horton on the Twentieth day of May in the year of our Lord one thousand Eight hundred and Two at the Town of Catskill in the County of Green Borrowed of the said Oliver Bull the aforesaid four hundred Dollars to be paid to the said Oliver when he should be thereunto requested        Nevertheless the said Ebenezer although often required &c hath not yet paid the said Oliver the said four hundred Dollars but hitherto hath refused and still doth refuse to the damage of the said Oliver of Fifty Dollars and thereof he brings suit &c—

And the said Ebenezer by Moses Cantine his attorney comes and defends the wrong and injury when &c and says he can not deny the action of the said Oliver nor but that he borrowed and owes to the said Oliver the said sum of Four hundred Dollars in manner and form as he above against him complains

Therefore it is considered that the said Oliver Bull do recover against the said Ebenezer Horton his said Debt of Four hundred Dollars in for aforesaid acknowledged and also Fourteen Dollars and forty three cents—for his damages which he has sustained as well by occasion of the detention of that Debt as for his Costs and Charges by him about his Suit in this behalf and expended to the same Oliver with his assent by the said Justices now here adjudged and the said Ebenezer in mercy &c 

Judgment signed this Twenty fifth day of May MDDCCCII                        M. Bloodgood, Clk 

Supreme Court

Oliver Bull
            vs
Ebenezer Horton
            Judgt. Roll
            Canfield, Atty
Filed 25th May 1802

            $400.     }
                14.43 }  ???
Dockd.

Supreme Court                       As yet of the term of October in the year of our Lord one thousand eight hundred and two.

Albany                        The people of the state of New York sent to the sheriff of the city and county of Albany, their writ, Case in these words, to wit:  “The people of the state of New York, by the grace of God, free and independent.  To the sheriff of the County of Greene Greeting.  Whereas Thomas Randall, Robert R. Randall, Alexander Stewart and James Stewart, lately in our supreme Court of Judicature before us at the Court room in the city of New York, by bill without our writ, and by the Judgment of the same Court recovered against Ephraim Darbey, four hundred and fifty pounds of debt of the value of one thousand one hundred and twenty five Dollars—lawful money of the state of New York—and also six pounds one shilling and six pence of the value of fifteen dollars and eighteen Cents of like lawful money for their damages which they sustained, as well by occasion of the detaining the said debt, as for their costs and Charges by them about their suit in this behalf expended whereof the said Ephraim is convicted as appears ??? of Record—And whereas the said Thomas Randall and Robert R. Randall afterwards died, and the said Alexander Stewart and James Stewart survived them—And the said Ephraim Darbey, after the Judgment aforesaid given is also dead, and died siezed of several lands and tenements in his demesne as of fee and Execution of the Judgment aforesaid yet remains to be made, as by the suggestion of the said Alexander and James we have in our said Court before our Justices of the said Court understood—Wherefore the the (sic) Alexander and James have besought us to grant to them a proper remedy in this behalf—and because we will have those things which are lawfully transacted in our said Court duly executed, we lately commanded our sheriff of our city and County of Albany, that he should by good and lawful men of his Bailiwic give notice to the Tenants of all the lands and tenements in his Bailiwic of which the said Ephraim, or any person in trust for him was seised on the twenty seventh day of July in the year of our Lord one thousand seven hundred & ninty or at any time thereafter, that they should be in our said Court before our Justices of the said Court at the city hall of the city of Albany on a certain day now past, to show, if they had or could say any thing for themselves, why the debt and damages aforesaid, on those lands and tenements ought not to be levied and paid to the said Alexander and James, according to the force, form and effect of the said recovery, if they should think fit so to do, and further to do and receive what our said Court, before our said Justices should then and there consider of them in that behalf.—And our said Sheriff of the city and county of Albany did on that day return to our said Justices that there are not, nor is any tenants or tenant of any lands or tenements in his bailiwick of which the said Ephraim Darbey was seised on the said twenty seventh day of July, in the year of our Lord, one thousand seven hundred & ninety or ever after, to whom he could give notice.  And now on behalf of the said Alexander and James in our said Court before our said Justices it is sufficiently testified that there are several tenants of sundry lands and tenements of which the said Ephraim Darbey deceased, was seised on the day & year last aforesaid and after in your County to whom you may give notice—Therefore we command you that by good and lawful men of your Bailiwic you give notice to the tenants of all the lands & tenements of which the said Ephraim Darbey was seised on the day and year last aforesaid or ever after, that they be before our said Justices of our said Court at the city hall of the city of Albany on the third Tuesday of October next, to show if they have or can say any thing for themselves, why the debt and damages aforesaid on those lands and tenements ought not to be levied and paid to the said Alexander and James according to the force, form, and effect of the aforesaid recovery, if they shall think fit, and further to do and receive what our said Court before our said Justices shall then and there consider concerning them in this behalf, and have there then the names of those by whom you shall give them notice—and this writ—Witness Morgan Lewis Esquire, Chief Justice at the city of New York the thirty first day of July, in the year of our Lord one thousand eight hundred and two.

                                                                        Fairlie & Bloodgood, Clks. 

Van Rensselaer  }
& Ostrander       }  Attys.

Albany                        Alexander Stewart and James Stewart, survivors of Thomas Randall, Robert R. Randall, Alexander Stewart & James Stewart, put in their place Killian K. Van Rensselaer, and John J. Ostrander, their attornies against Daniel Harvey and John E. Darbey in the plea aforesaid.

            At which day at the city hall of the city of Albany, came the said Alexander and James by their attornies aforesaid, and the sheriff, to with Peter C. Adams Esquire sheriff of the County of Greene aforesaid now here returns that:  “By virtue of the within writ to me directed; by Zina Phinney & Abijah Tapping good and lawful men of my Bailiwic I have given notice to Daniel Harvey, Tenant of about three acres of land with the appurtenances thereon—Also by Isaac Paddock and Stephen Skiff, good and lawful men of my Bailiwic I have given notice to John E. Darbey, Son and heir of Ephraim Darbey deceased, tenant of one messuage, and about two hundred acres of land with the appurtenances thereon all in the town of Freehold in my Bailiwic—which were the messusage, lands and tenements of Ephraim Darbey within named in his life time at the time of the rendition of the Judgment within mentioned—to wit, on the twenty seventh day of July in the year of our Lord one thousand seven hundred and ninety of which the said Ephraim Darbey then & afterwards was seised in his demesne as of fee—to be before the said Justices within mentioned, at the day & place within contained, to show if they have or can say any thing for themselves, why the within named Alexander Stewart & James Stewart ought not to have their Execution against them for the debt and damages aforesaid, within written, to be levied on the lands and tenements of which the said Ephraim Darbey was seised according to the force form and effect of the recovery within mentioned, and further to do and receive as the within writ commands and requires—

And I further certify that there are not, nor is, any other tenants or tenant of any other lands & Tenements in my Bailiwic of which the said Ephraim Darbey was seised on the day and year aforesaid, or ever after to whom I can give notice as by the writ aforesaid I am commanded.”

            And the said Daniel Harvey and John E. Darbey although at that day solemnly demanded, come not, but make default.  Therefore it is considered that the said Alexander Stewart and James Stewart have their Execution against the said Daniel Harvey, and also against the said John E. Darbey, for the debt & damages aforesaid, to be levied on the lands and tenements aforesaid, with the appurtenances whereof the said Daniel Harvey and John E. Darbey are severally returned tenants, according to the force form & effect of the recovery aforesaid; by the default of the said Daniel Harvey and John E. Darbey.

Judgment signed the thirteenth day of November 1802        M. Bloodgood, Clk 

Supreme Court

Alexander Stewart &           }
James Stewart,                       }
    survivors, &c.                     }
            vs.                                 }
Daniel Harvey                        }  Judgt. Sci. Ta.
  Tertenant and                       }
John E. Darbey                       }
  heir & Tertenant of             }
  Ephraim Darbey Dec’d       }
            Van Rensselaer & Ostrander, Attys.
filed Novr. 13. 1802
            Dockd.

 

Pleas before the Justices of the People of the State of New York in the Supreme Court of Judicature of the same People, Held at the City Hall of the City of New York on the third Tuesday in April one thousand Eight hundred and Two—Witness Hon. Morgan Lewis Esqr Chief Justice                                       Bloodgood & Fairlie

Green              Stephen Day, Ira Day & Orrin Day put in their place James Pinckney their attorney against Daniel Gunn in a plea of Debt—

Green              Daniel Gunn in his proper person at the suit of Stephen Day, Ira Day & Orrin Day in the plea aforesaid—

Green              Be it remembered that on the third Tuesday in January last before the Justices of the People of the State of New York in the Supreme Court of Judicature of the same People at the City of Albany came Stephen Day, Ira Day and Orrin Day by James Pinckney their attorney and brought into the court of the People before the said Justices their certain bill against Daniel Gunn of a plea of Debt and there are pledges to Prosecute to wit John Doe and Richard Roe which said Bill follows in these words to wit         Stephen Day, Ira Day & Orrin Day complain of Daniel Gunn in Custody &c of a plea that he render to them Eight Hundred & twenty six Dollars which he owes to & unjustly detains from them for this to wit that whereas the said Stephen Day, Ira Day & Orrin Day on the day when the writing obligatory herein after mentioned is said to have been made & before and afterwards were partners in trade and using Commerce together under the style & name of Stephen Day & Sons to wit at Catskill in the County of Green; and they being so Partners in Trade as aforesaid the said Daniel Gunn on the first day of March one thousand and Eight hundred at the town & in the County aforesaid by his certain writing obligatory sealed with the seal of the said Daniel Gunn and to the Justices of the people now here shown the Date whereof is on the same day & year aforesaid promised

Thirty days after the Date of the said writing obligatory to Pay the said Stephen Day, Ira Day and Orrin Day by the name & description of Stephen Day & Sons or order Eight Hundred & Twenty six Dollars with Interest until paid for value received Yet the said Daniel Gunn (although often requested &c hath not paid the said sum of Eight hundred & twenty six Dollars or any Cent thereof to the said Stephen Day, Ira Day & Orrin Day but to pay the same the said Daniel Gunn hitherto hath and still does wholly refuse to the Damage of the said Stephen Day, Ira Day & Orrin Day of Five Hundred Dollars  & thereupon they bring suit &c—

And the said Daniel in his proper person comes & defends the wrong and injury when &c and says nothing in bar or preclusion of the action aforesaid of the said Stephen, Ira & Orrin whereby the said Stephen, Ira and Orrin remain therein undefended against the said Daniel

Therefore it is Considered by the said Court that the said Stephen, Ira and Orrin Do recover against the said Daniel their debt aforesaid, And also one hundred & fourteen dollars and twenty four cents for their Damages which they have sustained as well by reason of the detention of that Debt as for their Costs & charges by them about their suit in that Behalf Expended.  By the Court here adjudged to the said Stephen Day, Ira Day and Orrin with their assent and the said Daniel in mercy &c

Judgment signed the twenty ninth Day of April one thousand Eight Hundred and two

                                    M. Bloodgood, Clk 

Supreme Court

Stephen Day, Ira Day             }
and Orrin Day                         }   Judgt.
            vs                                   }   Roll
Daniel Gunn                            }
            Pinckney Atty.
Filed 29th April 1802

           $826.
             114.24
Doct.

 

To any attorney of any court of Record in the State of New York

            These are to desire and authorize you or either of you to appear for me Joseph Graham at the Suit of George Hale & Thomas Hale as of any Term or Time prior or Subsequent hereto in any of the Courts aforesaid and for me and in my name to receive a Declaration in an action of Debt for Nine hundred and Ninety Dollars the said sum being the Penalty of a Bond bearing ???? date herewith and conditioned for the payment of Five hundred Dollars and by me given to the said George & Thomas Hale, and thereupon in my name to confess and suffer Judgment for the said Penalty and the same Judgment forthwith to suffer to be entered of record and to release the Errors of any such  Judgment so confessed or entered.  In Witness whereof I have hereunto set my hand and seal this 20th day of March 1802—

Sealed & Delivered in presence of—                                    Joseph Graham
and Thomas Hale first interlined—also
& Thomas
Jno. M. Canfield
Harry Graham 

Supreme Court

Joseph Graham
            ads
George Hale &
Thomas Hale
            Warrant of atty
Filed 25 May 1802 

Supreme Court                       of the Term of April in the year one thousand Eight hundred and Two

Green              George Hale and Thomas Hale complain of Joseph Graham in Custody &c of a Plea that he render to them Nine hundred and Ninety Dollars which to them he owes and from them unjustly detains &c for this to wit that the said Joseph on the Twentieth day of March one thousand Eight hundred and Two at the Town of Catskill and in the County of Green ?????? the suit of the said Joseph by his certain writing obligatory bearing Date the day & year aforesaid & to the Court of the People now acknowledged himself to be bound to the same George and Thomas in the said Nine hundred and Ninety Dollars to be paid to the same George and Thomas when he should be thereunto required         

Nevertheless the said Joseph although often required &c the said Nine hundred and Ninety Dollars to the same George and Thomas or either of them has not paid but hath hitherto denied and yet doth deny to pay the same whereby the same George and Thomas say they are prejudiced and hath damages to the Value of Fifty Dollars and thereof they bring suit—

                        Canfield atty for Plff                          Pledges &c John Doe & Richard Roe 

Green              George Hale & Thomas Hale put in their place John M. Canfield their attorney against Joseph Graham in a Plea of Debt—

                                                Oyer

Know all men by these presents that I Joseph Graham am held and firmly bound unto George Hale and Thomas Hale in the sum of Nine hundred and Ninety Dollars to be paid to the said George and Thomas Hale their Executors administrators or assigns for the ture & faithful payment of which I bind myself my Heirs Executors and administrators firmly by these presents sealed with my seal and dated this Twentieth day of March 1802. 

The Condition of the above obligation is such that if the above bounden Joseph Graham his heirs Executors or administrators shall well and truly pay or cause to be paid unto the above named George and Thos. Hale or their assigns the Just and full sum of Five hundred Dollars on or before the fourteenth day of May next with the Lawful Interest then the above obligation to be null and void; otherwise to be and remain in full force and virtue--                                                                     Joseph Graham

Sealed & Delivered in presence of

Jno M. Canfield
Harry Graham

Supreme Court

Joseph Graham
            ads
George Hale &
Thomas Hale

            And the said Joseph by Jesse Brush his attorney comes and defends the wrong and injury when &c and says he can not deny the action of the said George and Thomas nor but that the said Writing Obligatory is the proper Deed of him the said Joseph nor but that he owes to the said George and Thomas the said Debt of Nine hundred & Ninety Dollars in manner and form as they above against him declares—

                                                                        Jesse Brush, atty for Deft. 

Green              Joseph Graham puts in his place Jesse Brush his attorney at the suit of George Hale and Thomas Hale in the Plea aforesaid— 

Supreme Court               of the Term of April in the year one thousand Eight hundred and Two—

Green              Joseph Graham is delivered to bail on taking of his Body to

                         John Doe and Richard Roe of the Town of Catskill in the County of Green, gentlemen—at the suit of George Hale and Thos. Hale in a plea of Debt

                                    Jesse Brush, atty for Deft. 

Supreme Court

George Hale and         }
Thomas Hale               }  Copy
            ads                     }  of
Joseph Graham           }  Narr
            Canfield Atty,  also
Copy of Defts. Plea with Com. Bail price
            Brush, Atty for Deft.
Filed 25 May 1802 

Supreme Court                       Pleas before the Justices of the Supreme Court of Judicature of the People of the State of New York of the Supreme Court of Judicature of the same people at New York of the Term of April in the year of our Lord one thousand Eight hundred and Two        Witness Morgan Lewis Esquire Chief Justice at New York

                                                                        Fairlie, Clk 

Green              George Hale and Thomas Hale put in their place John M. Canfield their attorney against Joseph Graham in a Plea of Debt— 

Green              Joseph Graham puts in his place Jesse Brush his attorney at the suit of George and Thomas Hale in the Plea aforesaid— 

Green              Be it remembered that on the Third Tuesday in April in this same Term before the Justices of the People of the state of New York of the Supreme Court of Judicature of the same People at New York come George Hale and Thomas Hale by John M. Canfield their attorney and brought into the said Court of the People before the said Justices then there their certain Bill against Joseph Graham in Custody &c of a Plea of Debt and there are pledges for the prosecution thereof to wit John Doe and Richard Roe which said bill follows in these words to wit:                      Green  George Hale and Thomas Hale complain of Joseph Graham in Custody &c of a Plea that he render to them Nine hundred and Ninety Dollars which to them he owes and from them unjustly detains &c for this that that the said Joseph on Twentieth day of March one thousand Eight hundred & Two at the Town of Catskill in the County of Green by his certain writing obligatory sealed with the seal of the said Joseph bearing date the same day and year aforesaid and to the Court of the People now here shown acknowledged himself to bound to the same George and Thomas in the said Nine hundred and Ninety Dollars to be paid to the same George and Thomas when he should be thereunto requested                   Nevertheless the said Joseph although often required &c the said Nine hundred and Ninety Dollars to the same George and Thomas or either of them has not paid but hath hitherto denied and yet doth deny to pay the same whereby the same George and Thomas say they are prejudiced and hath damage to the ???? of fifty Dollars and thereof they bring suit &c

And the said Joseph by Jesse Brush his attorney comes and defends the wrong and injury when &c and says he can not deny the action of the said George and Thomas nor but that the said writing obligatory is the proper Deed of him the said Joseph nor but that he owes to the said George and Thomas the said Debt of Nine hundred and Ninety Dollars in the manner and form as they above against him declare

            Therefore it is considered that the said George and Thomas do recover against him the said Joseph their said Debt of Nine hundred and Ninety Dollars in for aforesaid acknowledged and also Fourteen Dollars and forty three cents for their damages which they have sustained by occasion of the Detention of that Debt to the same George and Thomas with their assent by the said Justices of the said Court of the People now here adjudged and the said Joseph in mercy &c—

Judgment Signed this Twenty fifth day of May MDCCCII

                                                                                    M. Bloodgood, Clk 

Supreme Court

George Hale &           }
Thomas Hale              }  Judgt.
            vs                      }  Roll
Joseph Graham          }
            Canfield atty.
Filed 25th May 1802

            $990.      } ??
                14.43  }

Doctd.


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