Description: |
The file includes the court transcript written by Robert Buntin, Clerk, of Antoine Marchals plea of Trespass against the Francois Busseron estate asking two hundred dollars of damages. November 12, 1800, Antoine Marchal sued to get a Writ of capias respondenum against Jonathan Conger to answer to a plea of Trespass. The writ was witnessed by James Johnson. On the back of the writ, executed by Wm Prince, Sheriff. In the February Term 1801, appears the Plaintiff, by General Washington Johnston with his count or Declaration. In 1789 Francois Busseron was indebted in the sum of one hundred fifteen dollars and twenty-five cents currency for divers goods, wares, merchandise, sundry articles and quantities of apparel. Before that time sold and delivered, also divers quantities of Taffia (rum), and liquors. Said Defendant on July 20, 1789 a further sum of ninety seven livers in Peltry (equal to thirty-two dollars, thirty-three and one third cents). In the same year, the Defendant passed his note , now here shown, said sum of ninety seven livers, money. Plaintiff has requested the payment, none was received from Busseron or Marchal, since Busserons death. It was ruled that the Defendant, Conger, is to file his answer to the count by Rule Day in the Clerks Office. The Defendant, Conger, appeared with his attorney, Henry Hurst, and filed his Declaration to answer the plea. The Plaintiff ought not to have his action because he says he has paid the sum in declaration mentioned and this he is ready to verify. Plaintiff, by his attorney, that he ought not be precluded from benefit because he saith, the Defendant has not paid on or any wise satisfied and asked for the county to inquire. Johnston, PQ. The cause was continued to the May Term 1801. Both Parties agreed to go to trial. The case was continued to August. Jurors: William Willson, Samuel Means, Daniel Black, Isaac White, John Lite, Louis Sever, Richard Phelon, Isaac Louzader, John Norman, John Applegate, William Gibson, and James Black. Verdict: We find for the Plaintiff the sum of ninety-seven dollars and seventy-three cents in Damages. William Willson, Foreman. A motion of the Defendant for a new trial. The Plaintiff needed to show why the new trail should not be granted. The Cause was continued to the Twelfth. The Defendant, Conger, reported that he had a material witness he did not have at the first trial. A new trial could happen upon the payment of costs, the Defendant, paid the costs at the Clerks table. The two Parties agreed to continue the Cause to the November Term. November Term 1801, both Parties and their attorneys appeared, the cause was continued due to the absence of the material witness. February Term 1802, both Parties and their attorneys attended, the material witness was absent, the Cause was continued to Wednesday, the Tenth. Jurors: Christopher Wyant, William Mills, William Wilson, Leonard Bowman, William Mays, Jeremiah May, Robert Gilmore, Joseph Andre, Edmond Rittershouse, Daniel Black, William Bailey and Etheldred Bass. We the Jury find for the Defendant, and with all, do certify that the Plaintiff is indebted to the Defendant the sum of one hundred and sixty-eight dollars and twenty-three and one fourth cents. Christopher Wyant, Foreman. |
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Origin: | 2016-09-27 |
Created By: |
Indiana Territory. Court of Common Pleas (Knox County); |
Contributor(s): |
Johnston, James; Decker, Luke; Beckes, Benjamin; Gamelin, Pierre; |
Source: |
http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/18292 |
Collection: |
Early Vincennes, 1732-1835 |
Rights: | http://rightsstatements.org/vocab/NoC-US/1.0/ |
Copyright: |
No Copyright - United States |
Subjects: |
Indiana Territory Attachment and garnishment -- Indiana Territory Arbitrators -- Indiana Territory Clothing and dress -- Indiana Territory Executors and administrators -- Indiana Territory Johnston, Genl W. (General Washington), 1776-1833 Judges -- Indiana Territory Judgments -- Indiana Territory Jurors -- Indiana Territory Jury -- Indiana Territory Liquors -- Indiana Territory Merchants -- Indiana Territory Personal debt -- Indiana Territory Subpoena -- Indiana Territory Trespass -- Indiana Territory Verdicts -- Indiana Territory Writs -- Indiana Territory Court Records |
Further information on this record can be found at its source.