Declaration issued against Joseph and Oliver Cowdery on behalf of Winthrop Eaton issued by Charles H. Foot.
Declaration, circa 7 July 1837 [Eaton v. JS and O. Cowdery], The Joseph Smith Papers website, accessed April 24, 2024
The State of Ohio)
Geauga County ss. [scilicet])
In the Court of Common Pleas June Term AD 1837. Winthrop Eaton complains of Joseph Smith Junr. and Oliver Cowdery against whom process issued which was not served as to the said Oliver Cowdery who at the time of making the premises herein after mentioned were partners and traders in company by the name and firm of Smith and Cowdery) in a plea of assumpsit, for that whereas the said defendants on the eleventh day of October A.D. 1836 at New York to wit at Kirtland in said County made their promissory note in writing and delivered the same to the said plaintiff and thereby promised to pay the said plaintiff or order eleven hundred forty three dollars and one cent for value received at the Kirtland safety society Bank at Kirtland Ohio six months after date which period has now elapsed and the said defendants then and there in consideration of the premises promised to pay the amount of the said note to the said plaintiff according to the tenor and effect thereof: And whereas also the said defendants heretofore to wit, on the first day of May AD 1837 at Kirtland in said County were indebted to the said plaintiff in the sum of twelve hundred dollars for so much money before that time lent and advanced by the plaintiff to the defendants at their special instance and request, and being so indebted they the said defendants in consideration thereof afterwards to wit, on the day and year last aforesaid at Kirtland aforesaid undertook and then and there promised to pay the plaintiff the said sum of money in this court mentioned when they the said defendants should be thereunto afterwards requested: Yet the said defendants have disregarded their said promises and have not nor hath either of them paid said sums of money or any part thereof although often requested to do so, to the plaintiffs damage two thousand dollars, and therefore he brings suit &c.
By Andrews & Foot his Att[orne]ys.