Amended Pleas, circa 30 October 1844 [JS et al. v. C. B. Street and M. B. Street]
Source Note
Morrison & Grover on behalf of Charles B. Street and Marvin B. Street, Amended Pleas, [, IL, ca. 30 Oct. 1844], JS et al. v. C. B. Street and M. B. Street (Hancock Co., IL, Circuit Court 1846); unidentified handwriting, presumably either or William N. Grover; docket by unidentified scribe, presumably either or William N. Grover, [, IL, ca. 30 Oct. 1844]; notation by , [, Hancock Co., IL], 31 Oct. 1844; six pages; Hancock County Courthouse, Carthage, IL.
And for further plea to the 1st 2nd 3rd & 4th Counts of plaintiffs declaration, defendants say that the consideration of the notes in said counts mentioned has failed to the sum of $408 because they say that the notes in said counts mentioned were given by said C B & M B Street as principals and said Robert F Smith as security as part of the consideration of 5/6 of a Steam Boat 5/6 of two Keel Boats and the furniture chimneys anchors and tackling thereto belonging, sold and agreed to be delivered by said plaintiffs and said to said C B & M B Street, and two promissory notes on one Edwin Guthrie one for the sum of $408 and the other for the sum of $430 due in November 1841, and for no other consideration whatever, and plaintiffs aver that at the time said note for the sum of $408 was <sold> by said plaintiffs and said to said Streets, they said plaintiffs falsely and fraudulently represented to said Streets, knowing the same to be false with intent to cheat and defraud said Streets, that said note was just and on a good and sufficient consideration and that the consideration of the same had not failed, when in truth and in fact the consideration of said note had wholly failed, and said Streets have been wholly unable to collect the same from said Guthrie on account of the failure of the consideration of the same, although they said Streets have used due dilligence by suit to collect the same, and so they say that the consideration of said notes in said 1st 2nd 3rd & 4th counts of plaintiffs declaration mentioned has failed to the sum of $408, and this they are ready to verify, wherefore they pray judgment &c