Colman, William L vs Jack Butler et al

Coleman, William L vs John Butler et al

Description:	A promissory is presented. It states that six months after the date I promise to pay William L. Johnson on order the just sum of $96 for value received as witnessed our hand and seal this ninth day of June 1814. The note is signed by mark for John Butler, Ned Simms and Francis Jackson and witnessed by Charles Fisher. Sixteen dollars was received as payment on the note on September 25, 1815. This payment was witnessed by G. R. C. Sullivan and William L. Colman. A Complaint was filed by William L. Colman, plaintiff. The complaint states that he holds a note called a promissory note on John Butler, Ned Sims and Francis Jackson. These are the defendants in substance to the effect that they will repay the note six months after the date $96. The note was witnessed by Charles Fisher yet the debt remains due and unpaid and he asks for judgment for the debt and damages, plus costs. The complaint was issued February 16, 1816. A petition and summons was filed by G. R. C. Sullivan, P. Q. on behalf of William Coleman. Sullivan states that John Butler, Ned Simms, and Francis Jackson or either of them did not pay to William L. Coleman the amount of debt in the manner and form they had agreed upon. A subpoena is issued to the Sheriff of Knox County to Subpoena Charles Fisher. He is to appear on this day to give evidence against Ned Simms, Jack Butler and Francis Jackson. A $100 penalty will be applied for failure to appear. The subpoena was executed by B. V. Beckes, Sheriff with service and return being $.46 1/2. A petition and summons was issued by Robert Buntin, Clerk. The Sheriff is to summon John Butler, Ned Sims and Francis Jackson to appear before the judges of the Circuit Court at Vincennes on Tuesday the second day of March term next. They are to answer to the petition of William L. Coleman. On February 16, 1816 R. Buntin, Clerk stated that the petition and summons is a true copy. William Coleman. The plaintiff states that the defendants were to repay the $96 promissory note within 6 months after the date of June 9, 1814 yet debt remains unpaid so he asks for debt, damages with costs and charges. The jury finds for the plaintiff for the debt and $8.64 in damages. The copias was delivered by B. V. Beckes, Sheriff at a cost of $1.62. The U. S. summons the Sheriff of Knox County to summon Charles Fisher to come to court the last Monday of September instant. A $100 penalty will be applied if he does not appear. The summons is dated September 13, 1816 with B. V. Beckes, Sheriffs cost being $.46 1/2. A petition and summons was filed by D. Floyd Prosecutor for the defendants. He states that the plaintiff should not maintain his actions against the defendants as they have fully discharged the amount of the debt in the said petition and are ready to verify their claim. The defendants say that by way of petition for disclosure the court is to compel the plaintiff to answer to the following interrogations; was not the defendant Ned Simms in jail and did not the only consideration for the said note state the nature of the transaction as it took place. It was not understood at the time that the said John Butler and Francis Jackson signed the note that they were only to be answerable to the debt if Ned ran away. That the defendants never owed the plaintiff any sum of money other than as above stated. This was signed by John Butler, Ned Simms and Francis Jacksons mark. A petition and summons is filed on a motion to show cause why the account should not be granted. A verdict by surprise that the defendant under the plea of payment expected to have been under the plea and have suffered to go into the consideration of the note of hand which the trial was refused by the court. A verdict contrary to law and evidence that the demand was for a specific sum of $96 bearing interest from the Ninth of December 1814 and the jury have found not only that sum but the sum of $8.64 in damages and interest when in the said interest should have only been $3. A motion for a new trial was overruled and the plaintiff moved for judgment. The plaintiff is to recover against the defendant the sum aforesaid by the jurors together with costs. The plaintiff did remit $16. 72. A Cost of Court Bill is presented for $20.78.
Origin:	2019-04-04
Created By:	Indiana Territory. Circuit Court (Knox County);
Contributor(s):	Polke, William; McCall, James; Raymond, David;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/28451
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 African American men -- Indiana Territory Breach of contracts -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Court records -- Indiana Territory -- Knox County Damages -- Indiana Territory Depositions -- Indiana Territory Imprisonment -- Indiana Territory Judgments -- Indiana Territory Jurors -- Indiana Territory Lawyers -- Indiana Territory Personal debt -- Indiana Territory Petitions -- Indiana Territory Promissory notes -- Indiana Territory Receipts (Acknowledgments) -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory Witnesses -- Indiana Territory Appeal -- Indiana Territory Court Records

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