Iowa County WI Archives Court.....Holmes, Thomas December 29, 1841 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/wi/wifiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Nancy Poquette npoq@hotmail.com October 10, 2006, 4:19 am Source: Iowa Series 23 Box 13, Folder 21, Univ. Of Wis. At Platteville Written: December 29, 1841 Territory of Wisconsin, County of Iowa In District Court for Iowa County, April Term 1840 THOMAS HOLMES vs. Richard Martin “Richard Martin was summoned to answer THOMAS HOLMES, in a plea of trespass on the case, on premises and thereupon the said THOMAS HOLMES, Moses M. Strong, his attorney, and complains for that whereas the defendant heretofore to wit on the 21st day of August, 1837, at Mineral Point in the County of Iowa, and Territory of Wisconsin, made his certain promissory note in writing, bearing date the day and year last aforesaid, and thereby then and there promised to pay in 30 days after the date of said note to the plaintiff on order, the sum of $70 for value received. By means whereof the defendant then and there became liable to pay to the plaintiff the said sum of money in the said note specified according to the tenor and effect of the said note; and being so liable, he, the defendant is consideration thereof afterwards, to wit, on the same day and year last aforesaid at Mineral Point aforesaid, undertook and then and there faithfully promised the plaintiff to pay him the said sum of money in the said note specified according to the tenor and effect of the said note; and for that whereas also the said defendant afterwards, to wit, on the day and year last aforesaid, at Mineral Point aforesaid, was indebted to the plaintiff in the further sum of $100 of lawful money of the United States for diverse goods, wares, and merchandise by the plaintiff before that time sold and delivered to the defendant and at his special instance and request, and being so indebted, he the defendant, in consideration thereof afterwards to wit, on the day and year last aforesaid at Mineral Point aforesaid undertook and then and there faithfully promised the plaintiff to pay the said 1st mentioned sum when he, the said defendant should be there unto afterward requested, [and repeating these same paragraphs of phrases 5 times $100]… “…for so much money before that time, had and received by the defendant to and for the use of the plaintiff and being so indebted, he the defendant in consideration thereof afterwards to wit; on the day and year last aforesaid at Mineral Point aforesaid, undertook and then and there faithfully promised the plaintiff to pay him the said last mentioned sum when, the defendant should be thereunto afterwards requested.” “Nevertheless the defendant not regarding his said several promises and undertakings, but contriving and fraudulently intending craftily and subtly to deceive and defraud the plaintiff in this behalf, hath not as yet, paid the said several sums of money or any or either of them, or any parts thereof to the plaintiff, although requested to do so, but the defendant to pay him the same has hitherto altogether neglected and refused and still does neglect and refuse, to the damage of the said plaintiff $200, to recover which, with just costs, this suit is brought. Moses M. Strong, Attorney for THOMAS HOLMES” Territory of Wisconsin, County of Iowa In District Court for Iowa County, September Term 1840 THOMAS HOLMES vs. Richard Martin “And the said defendant by M. M. Jackson his attorney, comes and ?deposes? denies? the wrong and injury, etc and for plea, says that he did not promise or undertake in manner and form as the said plaintiff hath above thereof complained against him, and of this he puts himself upon the county, etc.” M. M. Jackson, att’y for defendant. And the plaintiff doth the like. By M. M. Strong. Territory of Wisconsin, County of Iowa In District Court for Iowa County, April Term 1841 THOMAS HOLMES Vs. Richard Martin To M. M. Strong, Esq., attorney for plaintiff; “Please to take notice that the above named defendant in the trial of this cause will give in evidence and insist upon, under the general issue above pleaded, that the above named plaintiff before and at the time of the commencement of this suit, was and still is indebted to the said defendant in the sum of $200 lawful money of the United States of America for diverse goods, wares and merchandise, lead and mineral, before that time sold, and delivered by the said defendant to the said plaintiff and at the special instance and request of the said plaintiff. And in the further sum of $200 for the work and labor, care and diligence of said defendant by the said defendant before that time done, performed and bestowed in and about the business of the said plaintiff and for the said plaintiff and at the like special instance and request of the said plaintiff. And also, in the further sum of $200 of like lawful money for so much money before that time lent and advanced by the said defendant to the said plaintiff, and at his like instance and request, and for other money by the said defendant before that time paid, laid out and expended, for the said plaintiff and at the … “…for so much money before that time, had and received by the defendant to and for the use of the plaintiff and being so indebted, he the defendant in consideration thereof afterwards to wit; on the day and year last aforesaid at Mineral Point aforesaid, undertook and then and there faithfully promised the plaintiff to pay him the said last mentioned sum when, the defendant should be thereunto afterwards requested.” “Nevertheless the defendant not regarding his said several promises and undertakings, but contriving and fraudulently intending craftily and subtly to deceive and defraud the plaintiff in this behalf, hath not as yet, paid the said several sums of money or any or either of them, or any parts thereof to the plaintiff, although requested to do so, but the defendant to pay him the same has hitherto altogether neglected and refused and still does neglect and refuse, to the damage of the said plaintiff of $200, and therefore he brings this suit. Moses M. Strong, Attorney for THOMAS HOLMES” Territory of Wisconsin, County of Iowa In District Court for Iowa County, April Term 1841} on Assumsit THOMAS HOLMES Vs. Richard Martin “Richard Martin, the above named deponent duly sworn, doth depose and say that he has ___ a defense in the above entitled cause upon the merits. That he cannot safely proceed to trial at this term for the want of time to procure the attendance of Richard madden, who is a material witness for this deponent, and by whom this deponent expects to be able to procure a full account and satisfaction of the note on which this writ is brought. That said Madden resides somewhere in the northern part of Illinois, as this deponent believes, ____ the last term of this court has been in this it’s jurisdiction?, and that he is expected to return to this territory in the course of the following summer. That this defendant fully believes that he shall be able, if this cause is continued, to procure the testimony of said Madden in time to be used at the next term of this court. That this application is not made for the purpose of delay, but solely for the purpose of procuring a fair trial upon the merits and in furtherance of justice in the case. Richard Martin. Signature acknowledged. Subscribed and sworn to before me, this 16th day of April, 1841. James S. Bawden Territory of Wisconsin, County of Iowa, District The United States of America, to the sheriff of said county, Greeting: “We command you that the goods and chattels (except such as are by law, exempt) of Richard Martin, in your bailiwick, you cause to be made the sum of $89.51, which THOMAS HOLMES, late of said county, in an action of assumsit lately in our District court before our judge thereof at the courthouse in Mineral Point in said county, recovered against him for his damages, which he had sustained as well by reason of the non-performing certain promises and undertakings there lately made by the said Richard Martin to the said THOMAS HOLMES together with the further sum of $23.52 which was adjudged to him by our said Court as for his costs and charges by him about his suit in that behalf expended, whereof the said Richard Martin convicted, as appears to us of record. And if sufficient goods and chattels of the said Richard Martin cannot be found within your bailiwick, that then you will cause the damages, costs and charges aforesaid to be made of the lands, tenements, real estate and chattels whereof the said Richard Martin was seized on the 14th day of September in the year 1841, or at any time thereafter, in whose hands so ever the same may be; and have you those moneys before our judge of our District Court, at the Clerk’s Office, in Mineral Point in said county in 90 days from the date hereof, together with 75 cents for this writ, to render unto the said THOMAS HOLMES for the damages and costs and charges afore said. And you have then, this writ. Witness the honorable Charles Dunn, Judge of our said Court at Mineral Point this 29th day of December, 1841.” File at: http://files.usgwarchives.net/wi/iowa/court/holmes8gwl.txt This file has been created by a form at http://www.genrecords.org/wifiles/ File size: 9.6 Kb