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

Be it remembered that heretofore to wit, on the ninth day of February in the year above written, Samuel D. Rounds qui. tam. sued out of the office of the Clerk of said Court a writ of Summons against Newel K. Whitney, in the words and figures following to wit:—

“The State of Ohio)

Geauga County ss. [scilicet])

seal

To the Sheriff of our said County . . . Greeting:— We command you that you Summon Newel K. Whitney if he be found in your bailiwick to appear before our court of common pleas to be held at the court house in the town of Chardon the twenty first day of March next to answer Samuel D. Rounds, who sues as well for the State of Ohio as for himself, in a plea of debt for one thousand dollars, damage one thousand dollars, as is said. Herein fail not but of this writ and your service make due return. Witness the Honourable Van R. Humphrey President of our said Court at Chardon the ninth day of February Anno Domini one thousand eight hundred & thirty seven. D[avid] D. Aiken Clerk.”

Upon which writ was the following endorsment to wit:—

“Suit brot. to recover of Def[endan]t a penalty of $1000. incurred by acting on the 4th. day of Jan.y 1837 as an officer of a Bank not incorporated by law, and denominated “The Kirtland Safety Society Anti Banking Co.” contrary to the Statute in such case made and provided: Amt. claimed to be due $1000.— Feb.y 8. 1837.”

Afterwards to wit, at the March term of said Court in the year aforesaid, the foregoing writ was 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 the command of this writ by handing the within named N. K. Whitney a true copy of the same, with the endorsments <​there​>on. Abel Kimball 2d Shff.”

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 [blank] day of [blank] in the year aforesaid, the plaintiff filed in the office of the Clerk aforesaid, his declaration in the words and figures following to wit:—

“The State of Ohio)

Geauga County ss. [scilicet])

Court of Common Pleas Vacation after March Term A.D. 1837. Samuel D. Rounds who sues as well for the State of Ohio as for himself, complains of Newel Whitney in a plea of Debt, For that the said Newel Whitney on the fourth day of January in the year of our Lord one thousand eight hundred and thirty seven at Kirtland township in said County of Geauga did act as an officer, servant, agent and trustee of a Bank called “The Kirtland Safety Society Anti-Banking Co.” which said Bank was not then and there incorporated by law. contrary to the Statute in such case made and provided, whereby and by the force of the <​said​> Statute, the defendant has forfeited for said offence the sum of one thousand dollars, and thereby and <​by​> force of said statute an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the defendant for the said State of Ohio and for himself the said sum of one thousand dollars, one half for the said State of Ohio and the other half for the plaintiff— And also for that the said defendant, afterwards to wit, on the day and year last aforesaid at Kirtland township aforesaid in the County of Geauga aforesaid did act as an officer of a certain other Bank called and denominated “The Kirtland Safety Society Anti Banking Co.” which said last mentioned Bank was not then and there incorporated by law, by then and there assisting in the discounting of paper and lending money for said Bank, contrary to the Statute in such case made and provided, whereby and by force of the said Statute the said defendant has forfeited for said last mentioned offence the further sum of one thousand dollars, and thereby and by force of said Statute an action hath accrued to the plaintiff who sues as aforesaid to have and demand of and from the said defendant for the said State of Ohio and for himself the said last mentioned sum of one thousand dollars, one half for the said State of Ohio and the other half of the plaintiff. And also for that the said defendant afterwards to wit, on the day and year last aforesaid at Kirtland township aforesaid in the County of Geauga aforesaid, did act as an officer of a certain other Bank not incorporated by law, contrary to the Statute in such case made and provided, whereby and by force of the said Statute the defendant has forfeited for said last mentioned offence the further sum of one thousand dollars, and thereby and by force of said Statute an action hath accrued to the said plaintiff who sues as aforesaid to have and demand of and from the defendant for the said State of Ohio and for himself said last mentioned sum of one thousand dollars, one half for the said State of Ohio and the other half for the plaintiff. Yet the said defendant though often requested so to do, hath not paid the said several sums of one thousand dollars nor any nor either of them nor any part thereof to the said State of Ohio and to the plaintiff who sues as aforesaid, but has always neglected and refused so to do, which is to the damage of the plaintiff the sum of one thousand dollars, and therefore he brings this suit &c. R[euben] Hitchcock Atty. for Pl[ainti]ff.”

Afterwards to wit, at the June term of said Court in the year aforesaid, this cause came on to be heard on a demurrer to the declaration of the plaintiff, and was argued by counsel: On consideration whereof it was adjudged by the Court that the said demurrer be overruled, with costs. Whereupon on motion of the defendant leave was given him to amend, on payment of costs: And it was ordered by the Court that this cause be continued until the next term of said court.

And now at this term of said Court that is to say at the term thereof first aforesaid comes the defendant, and the plaintiff being three times demanded to come into Court and prosecute his suit, comes not but makes default. It is therefore ordered by the Court that the plaintiff become nonsuit; And that the defendant recover against him, his costs and charges by him in and about the defending of this suit in that behalf expended taxed at seven dollars and fifteen cents: And it is ordered by the Court that the plaintiff pay the costs and charges by him made in and about the prosecuting of this suit, taxed at three dollars and sixty two cents, and in default thereof, that execution issue to collect the same.

Van R. Humphrey Prest