Small, John vs Abraham Defrance

Description:	This file contains documents related to a court case in which John Small brought against Abraham Defrance for an unpaid debt. The documents include an attachment, a complaint, instructions for the garnishee, and an affidavit. The attachment calls for all goods, lands, chattel, etc. of Abraham Defrance to be brought ready before the justices of the Court of Common Pleas on the last Monday of July 1809. The attachment is witnessed and signed by court clerk Robert Buntin on June 17, 1809. The verso of the attachment notes that deputy sheriff John McCandless summoned General Washington Johnston as garnishee and Johnston acknowledged and signed as so. In the complaint it was noted that in 1806 Abraham Defrance became indebted to Small and promised to pay $60 for goods and wares upon demand, but did not do so. In the instructions for the garnishee reveal that General Washington Johnston was left with a number of notes and proceeds to be collected and paid out in particular ways, including paying Defrances debt to Small. Among the noted proceeds collected included $33.75 from Ruby, Dunning and Hatton, and 300 gallons of whiskey from Hyacinthe Lasselle and 100 gallons of whiskey from George Wallace Jr. The affidavit is dated June 17, 1809 and John Small states that Defrance owes him a sum in excess of $60. The affidavit is signed and witnessed by justice of the peace Will Jones. According to the Minute Book of the Court of Common Pleas, page 252, on July 31, 1809, the plaintiff appeared by his lawyer John Johnston and the defendant appeared by General Washington Johnston. The court ruled that the plaintiff recover from the defendant $38 damages together with costs and charges.
Origin:	2018-06-19
Created By:	Indiana Territory. Court of Common Pleas (Knox County);
Contributor(s):	Decker, Luke; Johnson, James; McClure, Daniel;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/24258
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 Attachment and garnishment -- Indiana Territory Court records -- Indiana Territory -- Knox County Johnston, Genl W. (General Washington), 1776-1833 Affidavits -- Indiana Territory Judgments -- Indiana Territory Lawyers -- Indiana Territory Verdicts -- Indiana Territory Whiskey -- Indiana Territory Court Records

Further information on this record can be found at its source.