Pleas before the Court of Common Pleas, within and for the County of Geauga and State of Ohio, on the fifth day of June in the year of our Lord one thousand eight hundred and thirty seven.

Be it remembered, that heretofore, to wit, at the March term of said Court, in the year aforesaid, The President, Directors & Co. of the Bank of Geauga sued out of the office of the Clerk of said Court, a writ of Capias, against Joseph Smith Jr. & others, in the words and figures following, to wit:

“The State of Ohio)

Geauga County ss. [scilicet])

SEAL

To the Sheriff of said County . . . Greeting:

We command you that you take Joseph Smith Jr. Newel K. Whitney & Sidney Rigdon, and them safely keep so that you have them forthwith before the Court of Common Pleas for said County, now in session at the Court House in the town of Chardon, to answer unto the President Directors & Company of the Bank of Geauga, in a plea of the case; damages four thousand dollars; and have you then there this writ.

Witness, the Hon. Van R. Humphrey President Judge of said Court at Chardon this 22d day of March A.D. 1837.

D[avid] D. Aiken Clerk.”

Upon which writ was the following endorsment, to wit:

“Suit is brought to recover the amount of a promisory note given by defts. to plff. dated January 2d. 1837. for the sum of three thousand dollars, forty five days after date, at their Banking house in Painesville; and also for money lent and advanced, by Plffs. to Defts.— Sum now appearing due $3018 00/100.”

The foregoing writ was forthwith returned into Court by the Sheriff of our said County, Endorsed as follows, to wit,

“The State of Ohio, Geauga County ss.} I have executed this writ by arresting the within named defendants on the 24. day of March A.D. 1837 & have them in Court,

A[bel] Kimball 2d. Shff. Geo. W Purple Deputy.”

And thereupon the said defendants entered into recognizance of special bail, in the words and figures following, to wit:

“The President Directors & Co.)

of the Bank of Geauga)

vs) Case—

Joseph Smith Jr. Newel K.)

Whitney & Sidney Rigdon)

The State of Ohio)

Geauga County ss. [scilicet])

Be it remembered, that on the twenty fifth day of March in the year of our Lord one thousand eight hundred and thirty seven, Vinson Knight and Ira Bond of the County of Geauga personally appeared before me D[avid] D. Aiken clerk of the court of common pleas, for said county of Geauga and severally acknowledged themselves to owe unto The President Directors & Company of the Bank of Geauga the sum of eight thousand dollars each, to be levied upon their <​several​> goods and chattels, lands, tenements and real estates, upon condition that if the defendants, Joseph Smith Jr. Newel K. Whitney & Sidney Rigdon shall be condemned in this action, at the suit of The President, Directors & Company of the Bank of Geauga the plaintiffs, they shall pay the costs and condemnation of the court, or be rendered or render themselves into the custody of the sheriff of said county for the same; or in case of failure that the said Vinson Knight and Ira Bond will pay the costs and condemnation for them— Taken and acknowledged the day and year above written, before me, in open court.

D. D. Aiken Clk.”

And thereupon it was ordered by the Court that this cause be continued until the next term of said Court.

Afterwards to wit, on the twenty fourth day of April in the year aforesaid, the plaintiffs by Perkins & Osborn their attorneys, filed with the Clerk aforesaid, their declaration in the words and figures following, to wit:—

“The State of Ohio)

Geauga County ss. [scilicet])

In the Court of Common Pleas, Vacation after March Term 1837—

The President Directors & Company of the Bank of Geauga complain of Joseph Smith Junior, Newel K. Whitney & Sidney Rigdon, in a plea of the case, for that whereas the said defendants, by the name and description of Joseph Smith Jr. N. K. Whitney & Sidney Rigdon, on the second day of January A.D. Eighteen hundred & thirty seven, at Kirtland in said County made their promissory note in writing and delivered the same to the said plaintiff and thereby promised to pay jointly & severally to the President Directors & Company of the Bank of Geauga or bearer three thousand dollars at the Bank House in Painesville in forty five days after the date thereof, 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 also for that whereas heretofore, to wit, on the second day of March in the year of our Lord eighteen hundred and thirty seven, at Kirtland in said County, the said defendants were indebted to the said plaintiff in the sum of four thousand dollars for so much money by the said plaintiff lent and advanced to, and paid, laid out & expended for the said defendants at their special instance and request; and also in the further sum of four thousand dollars by the said defendants before that time had and received to and for the use of said plaintiff; and whereas the defendants afterwards, on the said second day of March 1837 in consideration of the premises then and there promised to pay the said several sums of money to the plaintiff on request; yet they have disregarded their promises, and have not paid the said several sums of money, nor either of them, nor any part thereof, to the damage of the plaintiff, four thousand dollars, And thereupon the said plaintiff sues &c.

By Perkins & Osborn Attys. for Plff”

And now at this term of said Court, that is to say, at the term thereof first aforesaid, come the said parties, and by their mutual agreement here in court, this cause is settled and discontinued at the costs of the de fendants— It is therefore considered by the court that the plaintiff recover against the defendants their costs & charges by them in and about the prosecution of this suit, in that behalf expended taxed at nine dollars & seventy seven cents— And it is ordered by the court that the defendants pay the costs & charges by them in & ab <​made​> in & about the defending of this suit, taxed at one dollar & forty three cents, and in default thereof, that execution issue to collect the same.

Van R. Humphrey Prest.