Pleas and Account, circa 23 May 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, Pleas and Account, , IL, ca. [23] May 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, [, IL, ca. 23 May 1844]; docket and notation probably by , [, Hancock Co., IL], 24 May 1844; seven pages; Hancock County Courthouse, Carthage, IL.
and being so indebted they said plaintiffs then and there in consideration thereof undertook and faithfully promised the plaintiffs <said Streets> to pay them said sum of money when they should be thereunto afterwards requested yet said plaintiffs (although often requested) have not paid plaintiff said Streets said sum of money or any part thereof but so to do have hitherto wholy neglected and refused and said defendants hereby offer to set off so much of said sum of money as is equal to the plaintiffs damages and this they are ready to verify wherefore they pray Judgement & c
Morrison & Grover
<5 No 3> And the said defendants for further plea as to the 4 first counts of plaintiffs decleration herein say actio non because they that the notes in <in said counts of> plaintiffs decleration mentioned were given for by said C. B. & M. B. Street and Robert F Smith as their security to plaintiffs and said as part of the consideration <of 5/6> of a steam <boat> then and there sold by plaintiffs and said to said C. B. & M. B. Street and that plaintiffs before the commencement of this suit and that plaintiffs and said at the time of the sale of said boat represented <the same to be free <the warranties>> the same to be free from all incumbrances and that the reputation of said boat was good & <that she should not be hindered and detained by encumberances> whereas in truth and in fact said boat was encumbered at the <time of said sale> to a large amount to wit in the sum of three <two> thousand dollars which said Streets were compelled to pay and that the reputation [p. [4]]