Plough, Isaac ( Henry Pea assignee) vs. John Decker (son of Moses)

Description:	The documents of the file relate to the suit Isaac Plough file for a failure to deliver 300 bushels of corn in 1807. On October 1, 1807, Jonathan Jennings, attorney, filed a complaint for Isaac Plough against John Decker for failure to deliver 300 bushels of corn that they had agreed upon. In an agreement signed on July 11, 1807, for value received, John Decker bound himself to deliver to Isaac at the house of Henry J. Miller on the Bank of the White River, 300 bushels of merchantable corn on or before December 1, 1807 According to the Complaint, John Decker had not delivered the corn and the suit asked for $200. in damages. John Decker, represented by G.W. Johnston, defended the wrong. He reported he did not assign upon himself in the manner as statedand put himself on the mercy of the country. He stated the suit should not have been brought against him as he had delivered the corn in December. The Plaintiffs response was that Decker had not delivered the corn and he put himself upon the country. A Summons was issued for John Decker son of Moses to be in court the last Monday in March to answer to Isaac Plough on a plea of Trespass and damages of $200. It was written by R[Robert] Buntin, Clerk CPKC. Bail was required and it was executed by Samuel Hayes, Deputy Sheriff. Bail was posted by Abraham Kuykendall and $2.27 was attached as court fees. Co-bond for John Deckers recognizance was posted by John Decker and Abraham Kuykendall for $400 on February 24, 1808. It was executed by Samuel Hayes, Deputy Sheriff. Subpoenas were issued for Aaron Decker, Sosserin Vangorder, John Decker, Nathaniel Harness, James Purcell and Tobias Decker on behalf of John Decker in a suit of Henry Pea, assignee or Isaac Plough. The Subpoenas were written by R [Robert] Buntin Clerk CPKC, and executed by Samuel Hayes, Deputy Sheriff. On July 23, 1808, a Subpoena was issued for Isaac Decker on behalf of Isaac Plough for the last Monday of July. It was written by R [Robert] Buntin, Clerk, CPKC and executed by Deputy Sheriff, Samuel Hayes with $1.66 1/2 fees attached. During the July Term it was admitted by the parties that he corn mentioned in the Note was by an after agreement, to have been delivered at the Prairie near the Defendant house. It was likewise admitted that the Defendant gave notice to the Plaintiff that the corn was ready for him and that it he should receive it, signed [G.W.] Johnston and J. [Jonathan] Jennings. According to the Minute Book of the Knox County Court of Common Peas, pgs. 74, 122; The Plaintiff appeared by Jonathan Jennings and the Defendant by G.W. Johnston. The Jury consisted of George Catt, foreman, Isaac Chancellor, John Hollingsworth, Joseph Vankirk, Waitman Tabbet, David Lilly, William Hogue, John Wallace and Charles Thorn. We the jury find for the Plaintiff $75.00 in damages, together with costs and charges by him for his suit.
Origin:	2018-03-14
Created By:	Indiana Territory. Court of Common Pleas (Knox County);
Contributor(s):	Decker, Luke; Johnson, James;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/22696
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Accounts -- Indiana Territory Bonds -- Indiana Territory Corn -- Indiana Territory Costs (Law) -- Indiana Territory Court records -- Indiana Territory -- Knox County Judgments -- Indiana Territory Jurors -- Indiana Territory Personal debt -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory White River (Ind. : River) Court Records

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