Ewing, Nathaniel vs. Samuel Carruthers

Ewing, Nathaniel vs. Samuel Caruthers

Description:	The file contains the documents related to the suit Nathaniel Ewing brought against Samuel Carruthers for the failure to pay off a Promissory Note. On April 13, 1810, Samuel Carruthers signed a Promissory Note to Nath. Ewing for value received for the sum of sixty-two dollars. The note was witnessed by Samuel Alton. On the verso, rec. from Baddolet $62.60 - $14.50 Total $48.10. The second document in the file was the Complaint filed by John Johnson, the attorney for Nathaniel Ewing. It stated, Nathaniel Ewing complained of Samuel Carruthers in custody, of a plea that he render unto him the sum of sixty-two dollars and sixty cent which he owed and unjustly detained. The amount was to be paid when ever request, but although payment had been requested, payment had not been made. He was asking for damages of fifty dollars. On the verso side of the Complaint, Samuel Carruthers by his attorney, Gen. W. Johnston came and defended the wrong and injury. He stated the Plaintiff ought not to have maintained action because he had fully paid and satisfied the debt and was ready to prove. Johnston P.D. Plaintiff said ought not to be precluded because he has not satisfied and asked the Country to inquire. John Johnson. and the Defendant doth the like. Gen. Johnston. Also on the verso We the jury find for the Plaintiff forty dollars and thirty-five cents. Wilson Logan, foreman. A Summons was issued for Samuel Carruthers to appear before the Judges the last Monday of July Inst(instant) to answer to Nathaniel Ewing on a plea of debt and damages of fifty dollars. This was issued on July 17, 1811 by R [Robert] Buntin Clerk, CPKC. On the verso, This action is brought on a note under seal therefore bail is required. John Johnson att for Plaintiff. It was executed by B [Benjamin] Beckes, D.S at a cost of $1.57 for serving. On July 20, 1811 Samuel Carruthers and W. Williams ( ?) posted one hundred and twenty-five dollars and twenty cents to ensure that Samuel Carruthers would appear before the judges the last Monday of July instant. B Beckes witnessed the document and Sam. Carruthers and Wm. Purcell signed. Subpoenas were issued for William Purcell, Joseph Alton, Amos Adams and Samuel Middleton to appear in court the third Monday in March Instant on behalf of William Carruthers at the suit of Nathaniel Ewing for debt. It was issued by R Buntin on March 2, 1812. John I Neely executed the Subpoenas on three persons, Wm. Purcell, Joseph Alton and Saml. Middleton. The other he had not time to serve. $1.21 was added to the court costs for serving. On March 19, 1812, R. Buntin, Clerk CCPKC, issued a Subpoena for Amos Adams to appear at court now sitting on behalf of Samuel Carruthers at the debt by Nathaniel Ewing. On the verso of the document, March 19, 1812 I do hereby deputize and authorize Joseph Alton to serve and return this process. James Crow, Sheriff KC. $.88 was added to serve this Subpoena. Samuel Alton was Subpoenaed on March 19, 1812 by R Buntin, Clerk. He was to appear on the third Monday of March on behalf of Nathaniel Ewing in his suit against Samuel Carruthers. On the verso, I hereby deputize Joseph Alton to serve the within subpoena. James Crow, Shff KC. $.82 1/2 was added for serving. The last document in the file was an itemized list of the court costs totaling $25.54. According to the Minute Book of the Knox County Court of Common Pleas 1811 - 1817 pages 31, 39, and 52; during the November Term 1811, there was a judgment by default. The Plaintiff appeared by John Johnson. The Defendant did not appear. It was considered that the Plaintiff recover of the Defendant the sum of fifty-two dollars and ninety-one cents, debt together with his costs and charges. On page 39, on a motion to set aside the judgment obtained in this cause at this term the court on hearing the arguments ordered that the same be and it is set aside and that the Defendant pay all costs incident to obtaining said Judgment and that he enter special bail, William H. Dunnica appeared in court and entered himself special bail in the cause and filed his plea. The cause was continue. In the March Term 1812; the Plaintiff appeared by John Johson and the Defendant by Gen. W. Johnston. The jury consisted of Willson Logan, James Watson, Levi Elliott, David Willkins, Mark Barnett, William Dunnica, Hugh Kelly, Robert Alexander, Thomas Martin, William Bailey, Samuel Gordan and Daniel Jennings. The jury found for the Plaintiff the sum of forty dollars and thirty-five cents. The Plaintiff was to recover of the Defendant the debt, cost and court charges.
Origin:	2018-08-02
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/24720
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 Bail -- Indiana Territory Bonds -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Court records -- Indiana Territory -- Knox County Judgments -- Indiana Territory Judges -- Indiana Territory Lawyers -- Indiana Territory Personal debt -- Indiana Territory Promissory notes -- Indiana Territory Summons -- Indiana Territory Subpoena -- Indiana Territory Court Records

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