Name/Title
Supreme Court 1838 James B Wood, by attorney William HasbrouckEntry/Object ID
003883Tags
James B Wood, William Hasbrouck, Henry SeelyScope and Content
Supreme Court Of May Term in the year one thousand eight hundred and thirty eight
Orange County ss: James B Wood Plaintiff by William C Hasbrouck his attorney complains of Joseph Marshall, William L Titus, Stephen Griffing, William H Townsend Junior, Amos Van Duzer, Gouverneur Kemble, Henry W Bertholf, Hudson McFarlan, William T Hand, Ebenezer Bull, Nathaniel Ketcham, and Samuel T Seaman Defendants in this suit according to the form of the statute in such case made and provided of a plea of trespass on the case For that whereas the said defendants to wit on the fourteenth day of December in the year one thousand eight hundred and thirty six were and for a long time before then had been common carriers of goods for profit and reward from Cornwall Landing in the county of Orange to the City of New York, and from said City to Cornwall Landing aforesaid, by water in the Steam Boat Experiment and the said plaintiff at the said time last mentioned was possessed as of his own proper goods and chattels of Eight Hogs of the value of One Hundred and fifty dollars, and at the special instance and request of the said defendants then and there delivered to them the said Eight Hogs to be by them safely conveyed from Cornwall Landing aforesaid to the said City of New York for a reasonable compensation to be paid by the said plaintiff to the said defendants & there (to wit at the City of New York) to be sold by the said defendants for the best price in money to be gotten for the same, and to account for and pay the same to the said plaintiff whenever afterwards the said defendants should be thereto requested, in consideration of all and singular the said premises the said defendants then and there undertook and faithfully promised to cause the said Eight Hogs safely to be conveyed from Cornwall Landing aforesaid to the said City of New York for a reasonable compensation to be paid by the said plaintiff to the said defendants, and there (to wit at the City of New York) to be sold by the said defendants for the best price in money to be gotten for the same, and to account for and pay the same to the said plaintiff whenever afterwards the said defendants should be thereto requested, and the said plaintiff then & there in consideration of the promise and undertaking aforesaid of the said defendants undertook and faithfully promised to pay the said defendants a reasonable reward and compensation for the said services to be done and performed by the said defendants in manner aforesaid. Yet the said defendants, not regarding their said promise and undertaking, but contriving and intending to deceive and defraud the said plaintiff in this behalf did not account nor pay the said plaintiff the moneys gotten by the said defendants for the said Eight Hogs, although the said plaintiff avers that the Image 2 (3883A.jpg) said defendants sold the said Eight Hogs in the said City of New York for a large price to wit the sum of One Hundred and fifty dollars and received the same, but the said defendants to pay the same (although often requested &c) have hitherto refused and still do refuse so to do to wit at Cornwall Landing aforesaid, And whereas also the said defendants afterwards to wit on the same day and a year and at the place last aforesaid were [Printed Form Section]indebted to the said plaintiff in the sum of One Hundred and fifty dollars, of lawful money of the United States of America, for divers goods, wares, and merchandises, by the said plaintiff before that time sold and delivered to the said defendants and at the special instance and request of the said defendants and being so indebted to the said plaintiff the said defendants in consideration thereof, afterwards, to wit, on the same day and year, and at the place aforesaid, undertook, and then and there faithfully promised the said plaintiff well and truly to pay unto the said plaintiff the said sum of money last mentioned, when the said defendants should be thereunto afterwards requested. AND WHEREAS ALSO the said defendants afterwards, to wit, on the same day and year, and at the place aforesaid, in consideration that the said plaintiff had before that time, at the like special instance and request of the said defendants sold and delivered to the said defendants divers other goods, wares, and merchandises of the said plaintiff the said defendants then and there undertook and faithfully promised the said plaintiff that the said defendants would well and truly pay to the said plaintiff so much money as the last aforesaid goods, wares, and merchandises, at the time of the sale and delivery thereof, were reasonably worth, when the said defendants should be thereunto afterwards requested; and the said plaintiff avers that the said goods, wares, and merchandises last mentioned, at the time of the sale and delivery thereof, were reasonably worth the further sum of One Hundred and fifty dollars, of like lawful money as aforesaid, to wit, at the place aforesaid, whereof the said defendants afterwards, to wit, on the same day and year, and at the place aforesaid, had notice. AND WHEREAS also the said defendants afterwards, to wit, on the same day and year, and at the place aforesaid, were indebted to the said plaintiff in the further sum of One Hundred & fifty dollars, of like lawful money as aforesaid, for money before that time lent and advanced by the said plaintiff to the said defendants and at the special instance & request of the said defendants AND for other money by the said plaintiff before that time paid, laid out and expended for the said defendants and at the like request of the said defendants AND for other money by the said defendants before that time had and received to and for the use of the said plaintiff AND being so indebted, the said defendants in consideration thereof, afterwards, to wit, on the same day and year at last aforesaid, at the place aforesaid, undertook, and then and there faithfully promised the said plaintiff well and truly to pay unto the said plaintiff the said so much sum of money in this count mentioned, when the said defendants should be thereunto afterwards requested. AND WHEREAS also the said defendants afterwards, to wit, on the same day and year, last aforesaid and at the place aforesaid, accounted together with the said plaintiff of and concerning divers other sums of money, before that time due and owing from the said defendants to the said plaintiff and then and there being in arrear and unpaid, and upon such accounting the said defendants then and there were found to be in arrear, and indebted to the said plaintiff in the further sum of One Hundred and fifty dollars, of like lawful money as aforesaid. AND being so found in arrear and indebted to the said plaintiff the said defendants in consideration thereof, afterwards, to wit, on the same day and year last aforesaid and at the place aforesaid, undertook, and then and there faithfully promised the said plaintiff well and truly to pay unto the said plaintiff the said sum of money last mentioned, when the said defendants should be thereunto afterwards requested. NEVERTHELESS the said defendants (although often requested, &c.) have not yet paid the several sums of money above mentioned, or any or either of them, or any part thereof, to the said plaintiff but to pay the same, or any part thereof, to the said plaintiff the said defendants have hitherto wholly refused, and still do refuse, to the damage of the said plaintiff of One Hundred and fifty dollars, and thereof the said plaintiff brings suit, &c. Wm C Hasbrouck Attorney for Plaintiff [Margin Annotations (Left Margin)]Sold by J. B. Jansen
Merchandise.
Money Counts. [Filing / Backing Info (Bottom Section - Rotated)]Supreme Court
James B. Wood vs
Joseph Marshall, William L Titus, Stephen Griffing, William H Townsend Junr, Amos Van Duzer, Gouverneur Kemble, Henry W Bertholf, Hudson McFarlan, William T Hand, Ebenezer Bull, Nathaniel Ketcham & Samuel T Seaman Copy Declaration
"Filed pursuant to the statute"
Wm C Hasbrouck Attorney
To the above defendants:
Gentlemen, Please to take notice that on filing a declaration in this cause (of which the within is a copy) a rule was entered in the Book of Common Rules kept by the Clerk of this Court at his office in the City of New York City requiring you to plead to said declaration within twenty days after service of a copy thereof & notice of said rule or judgment
Dated at Newburgh May 14th 1838
Yours &c. Wm C Hasbrouck Plffs Atty
Image 3 (3883B.jpg) Supreme Court.
Of May Term in the year eighteen hundred and thirty Eight; Orange County ss: Jesse C. Holly and Daniel B. Wood by Ebenezer C. Sutherland their attorney complain of Joseph Marshall, William L Titus, Stephen Griffing, William H Townsend Junior, Amos Van Duzer, Gouverneur Kemble, Henry W Bertholf, Hudson McFarlan, William T Hand, Ebenezer Bull, Nathaniel Ketcham, and Samuel T Seaman defendants of a plea of trespass on the case upon promises by filing a declaration pursuant to the statute: For that whereas the said defendants to wit, on the fifth day of December Eighteen hundred and thirty six, and for a long time before then have been Common Carriers of goods for profit and reward from Cornwall Landing in the County of Orange to the City of New York and from said city to Cornwall Landing aforesaid, by water in the Steam Boat Experiment, and the said plaintiffs at the said time last mentioned were possessed as of their own proper goods and chattels of ten tubs of butter and one thousand pounds of butter of the value of three hundred dollars, and at the special instance and request of the said defendants then and there delivered to them the said ten tubs of butter and one thousand pounds of butter to be by them safely conveyed from Cornwall Landing aforesaid to the said City of New York for a reasonable compensation to be paid by the said plaintiffs to the said defendants, and then (to wit at the city of New York) to be sold by the said defendants for the best price in money to be gotten for the same, and to account for and pay the same to the said plaintiffs whenever afterwards the said defendants should be thereunto requested. In consideration of all and singular the said premises, the said defendants then and there undertook and faithfully promised the said plaintiffs to cause the said ten tubs of butter and one thousand pounds of butter safely to be conveyed from Cornwall Landing aforesaid to the said City of New York for a reasonable compensation to be paid by the said plaintiffs to the said defendants then (to wit at the city of New York) to be sold by the said defendants for the best price in money to be gotten for the same, and to account for and pay the same to the said plaintiffs whenever afterwards the said defendants should be thereunto requested. And the said plaintiffs then and there in consideration of the said promise and undertaking aforesaid of the said defendants undertook and faithfully promised to pay the said defendants a reasonable reward and compensation for the said services to be done and performed by the said defendants in manner aforesaid. Yet the said defendants, not regarding their said promise and undertaking but contriving and intending to deceive and defraud the said plaintiffs in this behalf, did not account and pay the said plaintiffs the money gotten by the said defendants for the said ten tubs of butter and one thousand pounds of butter, although the said plaintiffs avers that the said defendants sold the said ten tubs of butter and one thousand pounds of butter in the said city of New York for a large price to wit the sum of three hundred dollars and received the same, but the said defendants to pay the same to the said plaintiffs (although often requested &c) have hitherto wholly refused and still do refuse so to do to wit at Cornwall Landing aforesaid - NEVERTHELESS the said defendants (although often requested, &c.) have not yet paid the several sums of money above mentioned, or any or either of them, or any part thereof, to the said plaintiff but to pay the same, or any part thereof, to the said plaintiff the said defendants have hitherto altogether refused, and still do refuse, to the damage of the said plaintiff of three hundred dollars, and therefore the said plaintiff brings suit, &c.
E. C. Sutherland Plffs Atty.
Image 4 [Supreme Court]
Jesse C. Holly & Daniel B. Wood
vs.
Joseph Marshall, William L Titus, Stephen Griffing, William H Townsend Junior, Amos Van Duzer, Gouverneur Kemble, Henry W Bertholf, Hudson McFarlan, William T Hand, Ebenezer Bull, Nathaniel Ketcham, & Samuel T Seaman Copy Narr.
"Filed pursuant to the statute."
E. C. Sutherland Atty. To the defendants:
Take notice, that on filing the declaration in this cause (of which the within is a copy) a rule was entered in the book of Common Rules kept by the Clerk of this Court at his office in the City of New York requiring you to plead to said declaration within twenty days after service of a copy thereof, and notice of said rule, or judgment, &c. Dated at Newburgh this 17th day of May 1838. Yours, &c.
E. C. Sutherland Plaintiff's Atty.
Image 5 Supreme Court. Of May Term in the year one thousand eight hundred and thirty eight
Orange County ss: Henry Seely Plaintiff by William C Hasbrouck his attorney complains of Joseph Marshall, William L Titus, Stephen Griffing, William H Townsend Junior, Amos Van Duzer, Gouverneur Kemble, Henry W Bertholf, Hudson McFarlan, William T Hand, Ebenezer Bull, Nathaniel Ketcham, & Samuel T Seaman defendants in this suit according to the form of the statute in such case made and provided of a plea of trespass on the case, For that whereas the said defendants to wit on the fourteenth day of December in the year one thousand eight hundred and thirty six were, and for a long time before then had been common carriers of goods for profit and reward from Cornwall Landing in the County of Orange to the City of New York, and from said City to Cornwall Landing aforesaid by water in the Steam Boat Experiment, and the said plaintiff at the said time last mentioned was possessed as of his own proper goods & chattels of Twelve firkins of Butter, Six Pails of Butter, Sixteen pair of Fowls, and Eight Turkeys, of the value of Two Hundred and seventy five Dollars, and at the special instance and request of the said defendants, then and there delivered to them the said Twelve firkins of Butter, Six pails of Butter, Sixteen pair of Fowls, and Eight Turkeys, to be by them safely conveyed from Cornwall Landing aforesaid to the said City of New York for a reasonable compensation to be paid by the said Plaintiff to the said defendants, & there (to wit at the City of New York) to be sold by the said defendants for the best price in money to be gotten for the same, and to account for and pay the same to the said Plaintiff whenever afterwards the said defendants should be thereto requested, in consideration of all and singular the said premises, the said defendants then and there undertook and faithfully promised to cause the said Twelve firkins of Butter, Six pails of Butter, Sixteen pair of Fowls, and Eight Turkeys safely to be conveyed from Cornwall Landing aforesaid to the said City of New York for a reasonable compensation to be paid by the said plaintiff to the said defendants, & there (to wit at the City of New York) to be sold by the said defendants for the best price in money to be gotten for the same, and to account for and pay the same to the said plaintiff whenever afterwards the said defendants should be thereto requested; And the said plaintiff then and there in consideration of the promise and undertaking aforesaid of the said defendants undertook and faithfully promised to pay the said defendants a reasonable reward and compensation for the said services to be done & performed by the said defendants in manner aforesaid. Yet the said defendants not regarding their said promise & undertaking but contriving and intending to deceive and defraud the said plaintiff in this behalf, did not account nor pay the said plaintiff the moneys gotten by the said defendants for the said Twelve firkins of Butter, Six pails of Butter, Sixteen pair of Fowls and Eight Turkeys, although the said plaintiff avers that Image 6 (3883E.jpg) the said defendants sold the said Twelve firkins of Butter, Six pails of Butter, Sixteen pair of Fowls and Eight Turkeys in the said City of New York for a large price to wit the sum of Two Hundred and seventy five dollars and received the same, but the said defendants to pay the same (although often requested &c) have hitherto refused and still do refuse so to do, to wit at Cornwall Landing aforesaid, And Whereas also the said defendants afterwards to wit on the same day and year and at the place last aforesaid were [Printed Form Section]indebted to the said plaintiff in the sum of Two Hundred & Seventy five dollars, of lawful money of the United States of America, for divers goods, wares, and merchandises, by the said plaintiff before that time sold and delivered to the said defendants and at the special instance and request of the said defendants and being so indebted to the said plaintiff the said defendants in consideration thereof, afterwards, to wit, on the same day and year, and at the place aforesaid, undertook, and then and there faithfully promised the said plaintiff well and truly to pay unto the said plaintiff the said sum of money last mentioned, when the said defendants should be thereunto afterwards requested. AND WHEREAS ALSO the said defendants afterwards, to wit, on the same day and year, and at the place aforesaid, in consideration that the said plaintiff had before that time, at the like special instance and request of the said defendants sold and delivered to the said defendants divers other goods, wares, and merchandises of the said plaintiff the said defendants then and there undertook and faithfully promised the said plaintiff that the said defendants would well and truly pay to the said plaintiff so much money as the last aforesaid goods, wares, and merchandises, at the time of the sale and delivery thereof, were reasonably worth, when the said defendants should be thereunto afterwards requested; and the said plaintiff avers that the said goods, wares, and merchandises last mentioned, at the time of the sale and delivery thereof, were reasonably worth the further sum of Two Hundred and Seventy five dollars, of like lawful money as aforesaid, to wit, at the place aforesaid, whereof the said defendants afterwards, to wit, on the same day and year, and at the place aforesaid, had notice. AND WHEREAS also the said defendants afterwards, to wit, on the same day and year, and at the place aforesaid, were indebted to the said plaintiff in the further sum of Two Hundred & Seventy five dollars, of like lawful money as aforesaid, for money before that time lent and advanced by the said plaintiff to the said defendants and at the special instance & request of the said defendants AND for other money by the said plaintiff before that time paid, laid out and expended for the said defendants and at the like request of the said defendants AND for other money by the said defendants before that time had and received to and for the use of the said plaintiff AND being so indebted, the said defendants in consideration thereof, afterwards, to wit, on the same day and year at the place aforesaid, undertook, and then and there faithfully promised the said plaintiff well and truly to pay unto the said plaintiff the said several sums of money in this count mentioned, when the said defendants should be thereunto afterwards requested. AND WHEREAS also the said defendants afterwards, to wit, on the same day and year, last aforesaid and at the place aforesaid, accounted together with the said plaintiff of and concerning divers other sums of money, before that time due and owing from the said defendants to the said plaintiff and then and there being in arrear and unpaid, and upon such accounting the said defendants then and there were found to be in arrear, and indebted to the said plaintiff in the further sum of Two Hundred & Seventy five dollars, of like lawful money as aforesaid. AND being so found in arrear and indebted to the said plaintiff the said defendants in consideration thereof, afterwards, to wit, on the same day last aforesaid and at the place aforesaid, undertook, and then and there faithfully promised the said plaintiff well and truly to pay unto the said plaintiff the said sum of money last mentioned, when the said defendants should be thereunto afterwards requested. NEVERTHELESS the said defendants (although often requested, &c.) have not yet paid the several sums of money above mentioned, or any or either of them, or any part thereof, to the said plaintiff but to pay the same, or any part thereof, to the said plaintiff the said defendants have hitherto wholly refused, and still do refuse, to the damage of the said plaintiff of Two Hundred & Seventy five dollars, and thereof the said plaintiff brings suit, &c.
Wm C Hasbrouck Attorney for Plaintiff [Margin Annotations (Left Margin)]Sold by J. B. Jansen
Merchandise.
Money Counts. [Filing / Backing Info (Bottom Section - Rotated)]
Supreme Court Henry Seely vs
Joseph Marshall, William L Titus, Stephen Griffing, William H Townsend Junr, Amos Van Duzer, Gouverneur Kemble, Henry W Bertholf, Hudson McFarlan, William T Hand, Ebenezer Bull, Nathaniel Ketcham and Samuel T Seaman Copy Declaration
"Filed pursuant to the Statute"
Wm C Hasbrouck Attorney
To the above defendants:
Gentlemen, Please to take notice that on filing the declaration in this cause (of which the within is a copy) a rule was entered in the book of Common Rules kept by the Clerk of this Court at his office in the City of New York requiring you to plead to said declaration within twenty days after service of a copy thereof & notice of said rule or judgment
Dated at Newburgh May 17th 1838
Yours &c. Wm C Hasbrouck Plffs Atty
