Description: |
A complaint of Peter Jones, Innkeeper, is filed against William Prince and Benjamin V. Beckes executors of the last will and testament of Permenas Beckes, deceased. Jones says that on July 5, 1813 at Vincennes, Permenas Beckes was indebted to Peter Jones $230.50 for divers, goods, wares and merchandise which he promised to pay. Also Peter Jones said Permenas was indebted to him for $231.51 for meat, drink, money and other necessaries he promised to pay Jones but did not do so. Jones, states that after his death he approached the administrators and executors for payment and they refused to pay Parmenas Beckess debt. He asks for an additional $500 in damages. George R. C. Sullivan, Prosecuting Attorney signs the complaint. An Error Plea is filed by John Johnson, attorney for William Prince and Benjamin Beckes executors of Parmenas Beckes, estate. He defends the wrong and injury and states Permenas Beckes nor his executors promised to pay the debt Jones has stated he is owed and they put themselves on the country and plaintiff does the same. A summons for B. V. Beckes and William Prince executors of Parmenas Beckes late of Knox County deceased are ordered to come to court the first Monday of March, Instant. They are to answer unto Peter Jones on a plea of trespass to the damage of Peter Jones in the amount of $500. R. Buntin, Clerk witnessed the writ on March 3, 1815. The writ comes to hand on March 4, 1815 and executed on March 6, 1815 by H. I. Mills, Coroner. A subpoena for Gideon Romine and George R. Sullivan to come to court the first Monday of October to give evidence on behalf of Peter Jones is issued. A $100 penalty will be applied for nonappearance. The summons is filed June 19,1815 with R. Buntin as witness. A subpoena for George R. C. Sullivan, Moses Keller, and Gideon Romine to come to court the first Monday of March next is filed. they are to give evidence on behalf of Peter Jones, plaintiff on a plea of trespass. A $100 penalty will be applied against them if they fail to appear. R. Buntin, Clerk signs as witness February 12, 1816. The writ was executed on G. R. C. Sullivan and G. W. Romine but Moses Keller was not found per H. I. Mills, Coroner, Knox County. the cost to serve on the two was $75, return and mileage $.84. The U. S. commands any Justice of the Peace of Jefferson County Ky. to appoint, case and cause to come before you Moses Keller and diligently examine according to law and bringing the examinations into the Circuit Court held at Vincennes the fourth Monday in May next. The court is to send certificate and enclosed returning to the Circuit Court of Knox County. R. Buntin, Clerk signs as witness on April 26, 1816. Peter Jones respond to the order given by Knox County court Judges to Jefferson county, Justice of the Peace to take depositions of Moses Keller. He states on May 13 between 10 oclock a.m. and 5 p.m. at the court house of Jeffersonville, Ky I shall take the deposition of Moses Keller. The order is signed April 26, 1816 by Peter Jones and was served on May 14, 1816 by J. Johnson. A summons for G. R. C. Sullivan, Gideon Romine and Moses Keller to come to court the fourth Monday of May instant is issued. They are to give evidence on behalf of Peter Jones, plaintiff against the executors of Parmenas Beckes. The cause is on a plea of trespass. A $100 penalty for failure to appear will be applied. The summons was witnessed on May 10, 1816 by R. Buntin, with H. I. Mills, Coroner stating he delivered the writs on G. W. Romine and George R. C. Sullivan but Moses Keller was not found. The cost to serve and return was listed as $.84. An Innkeepers account that Captain Parmenas Beckes had with Peter Jones is presented. The account is from February 24, 1810 to July 4, 1813 in the amount of $232.87 1/2. Items on the list are cash, wine, bitters, whiskey, brandy, spirits, toddies, club cards, food purchases and punch. Moses Keller appears before Nicholas Buckner, Justice of the Peace Jefferson County Kentucky and Moses gives deposition that he knew that the $194.3/4 amount on the account to be justly due from Parmenas Beckes to Peter Jones. He states that before he left the country he presented Parm Beckes with the account and Beckes made no objections to anything and stated he had not the money to pay the account. N. Buckner, Justice of the Peace Knox County states on his oath Moses Keller appeared before him and took oath and provided evidence. Warden Pope, Clerk of Jefferson County Kentucky certified that Nicholas Buckner Esq. is Justice of the Peace of the Court of Jeffersonville, Kentucky. The document is signed and sealed May 13, 1816 by Samuel Hening, Justice of the Peace who swears on May 13, 1816 that Warden Pope is the Clerk of Jefferson County, Kentucky. An objection to evidence provided by deposition of Moses Keller as evidence against the defendant by their council on objection was made on these grounds 1. What authority was deposition taken. 2. No hour or day is stated as to when it was taken. Objections were overruled by the court and judgment of the court was made. The defendant by their council prays his bill of exceptions may be signed, sealed and made a part of the record. The objection is signed by David Raymond, J. B. McCall and William Polke, all Judges of the Court. A cost of court bill is filed from March 3, 1815 to June 1816 in the amount of $6.25 1/2 that was carried forward, court fees in the amount of $15.11, service fees $5.50, coroners fees $5.19 1/2 for a total owed $25.54. Parties appeared by their attorneys and the court being fully advised upon their rule to show cause why new trial should not be granted. The defendants are ordered to pay the sum of $400 within 10 days in the clerks office as law directs plus costs and charges from appeal. |
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Origin: | 2019-02-20 |
Created By: |
Indiana Territory. Circuit Court (Knox County); Kentucky. Court of Quarter Sessions (Jefferson County); |
Contributor(s): |
Blackford, Isaac; Sullivan, Daniel; McCall, James; Polke, William; |
Source: |
http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/28167 |
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 Affidavits -- Indiana Territory Appeal -- Indiana Territory Bonds -- Indiana Territory Cider -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Damages -- Indiana Territory Depositions -- Indiana Territory Executors and administrators -- Indiana Territory Gambling--Indiana Territory Judges -- Indiana Territory Jurors -- Indiana Territory Merchants -- Indiana Territory Oaths -- Indiana Territory Objections (Evidence) -- Indiana Territory Personal debt -- Indiana Territory Summons -- Indiana Territory Summons -- Kentucky Taverns (Inns) -- Indiana Territory Trespass -- Indiana Territory Verdicts -- Indiana Territory Witnesses -- Indiana Territory Witnesses -- Kentucky Writs -- Indiana Territory Writs -- Kentucky Brandy -- Indiana Territory Whiskey -- Indiana Territory Court Records |
Further information on this record can be found at its source.