Name/Title
1836 John Denniston plaintiff by Ebenezer C. Sutherland, Attorney vs various namesEntry/Object ID
004262Scope and Content
Supreme Court
Of May Term in the year Eighteen hundred and thirty Eight
Orange County, ss: John Denniston plaintiff by Ebenezer C. Sutherland his Attorney complain[s] of Joseph Marshall, William L. Titus, Stephen Griffing, William H Townsend, Josias Aims, John [B?] Townsend, Verner M. DeWitt, Hudson McFarlan, William T. Wood, Ebenezer Bull, Nathaniel Mitcham and Alanson T. Seaman defendants of a plea that [that on the?] case upon promises by filing a declaration pursuant to the statute
For that whereas the said defendants on the 1st day of December in the year eighteen hundred and thirty six and for a long time before then had been common [carriers?] of goods, for freight 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 Sloop called
[Appomattox?] and the said plaintiff at the said time last mentioned was possessed as of [his own?] proper goods and chattels of four pails of butter, one hundred pounds of butter, four hogs, five hundred pounds of pork, of the value of two hundred dollars, and at the special instance and request of the said defendants then and there delivered to the said defendants
of butter, one hundred pounds of butter, four hogs, and five hundred pounds of pork 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 and then & [there]
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 thereunto requested — And in consideration of all and singular the said defendants then and there undertook and faithfully promised the said plaintiff to cause the said four pails of butter, one hundred pounds of butter, four hogs and five hundred pounds of pork to be safely conveyed from Cornwall Landing aforesaid to the said City of New [York]
[and for a] reasonable compensation to be paid by the said plaintiff to the said defendants and then 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 thereunto requested — And the said plaintiff 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...]
Printed portion at the bottom:
further sum of ? so found in arrear and indebted to the said plaintiff the said defendant 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 defendant should be thereunto afterwards requested.
NEVERTHELESS the said defendant (although often requested &c.) ha[s] not yet paid the [several...]
