Creator

Date Original

1816

Description

This is a complaint submitted from William Searcy by his attorney Charles Hempstead against Moses Graham, who was charged with collecting various debts owed to Searcy.

Biographical/Historical Note

William Searcy, relation to the second Lawrence County Circuit Clerk Richard Searcy, was an affluent land owner in Kentucky and later in Arkansas. He lent money to several community members in 1808 then paid Moses Graham to go collect the debts. However, when Graham failed to collect the debts and to return the written promissory notes to Searcy, the matter ended up in court. Charles Hempstead served as Searcy's attorney trying to recover the debts, wages paid to Graham, and damages totaling to $500.

Transcription

[Page 1] Territory of Missouri
County of Lawrence
In the Circuit Court June Term 1816
William Searcy complains by Charles S.
Hempstead his Attorney of Moses Graham in a plea of tresspass on
the case for that the said Defendant on the thirty first day of March
one thousand eight hundred and eight at the County of Livingston in the
state of Kentucky to wit at the County of Lawrence aforesaid - and within the
jurisdiction of this Court.
in consideration of a reasonable allowance, received from the said plaintiff
divers[sic] Notes on Several persons for collection, towit one note - - - on
John Carpenter for the sum of eleven dollars fifty cents; one other note on
James Bruff for the sum of three Dollars; one other note on Garlin Goring for
the sum of nine Dollars; one other note on John Linden for the sum of
three Dollars and forty three cents; one other note on Jesse Margroves for the sum
of one Dollar and fifty six cents; one other note on Benjamin Simpson for the
sum of Ten Dollars and eight Cents; one other note on Absalom Harden for the sum
of four Dollars and fifty six Cents; one other note on George Hilhouse for the sum
of Two Dollars and twenty five Cents; one other note on Jeremiah Higgins for the sum
of one Dollar and twelve Cents; one other note on John Martin for the Sum of
Eleven Dollars and forty six Cents; one other note on David Gellispie[sic] for the
sum of five Dollars and twelve and a half Cents; one other note on John Seanath
for the sum of six Dollars and fifty Cents; one other note on John Carrick for
the sum of three Dollars-;one other note on R Bullock for the sum of
one Dollar and ninety three cents; one other note on John Carpenter for the sum
of one Dollar and twenty three cents; and one other note on Michael
Campbell for the sum of five Dollars and forty four cents; amounting in
all to the sum of Eighty two Dollars thirty eight and a half cents, lawful
money of the United State: all which said several notes of hand he then
and there promised to collect and pay over the proceeds thereof to sai
plaintiff within a reasonable time or to return the aforesaid notes to
the said plaintiff: yet the said Defedant though often - - -
towit on the first of Devember on thousand eight hundred fifteen, to wit
at the County of Lawrence aforesaid, hath never paid the aforesaid several
sums of money due by the aforesaid several persons or any part or parcel
[Page 2] thereof to said plaintiff, on or bath he returned the aforesaid several
mentioned notes on the said several persons, to said plaintiff - or any or
- - -. Though alike requested but wholly refuses so to do to the Damage
of said plaintiff one hundred and fifty Dollars -
And for that the said Defendant afterwards towit on the
day and year first aforesaid and at the same place, as afore
mentioned, to wit, at the County of Lawrence aforesaid did
receive divers[sic] other notes and demands upon the said several persons above
mentioned and for the said sums of money above set forth, amounting
in all together Eighty two Dollars: thirty eight and a half cents like lawful
money as aforesaid which he then received of said plaintiff for collection
upon a reasonable allowance - and to pay over to said plaintiff the aforesaid
several sums of money or to return the aforesaid notes as
aforesaid set forth the said plaintiff if not collected - which he then and
there promised to do accordingly: And the plaintiff avers[sic] that he
the said Defendant afterwards towit pn the first day of January one
thousand eight hundred and nine - towit at the County of Livingston
aforesaid had collected and received the aforesaid several sums of money from
the aforesaid several persons - in consideration whereof he became then
and there liable, obliged so liable then - - - faithfully undertook and
promised to pay the aforesaid several sums of money to said plaintiff
on Demand. --
And for that the said Defedant afterwards towit on the twentieth
day of Mary in the year one thousand, eight hundred and eight towit at
the County of Livingston, towit at the county aforesaid in consideration
of a reasonable allowance, ahd before that time received from said plantiff
divers[sic] other accounts and demands upon divers other persons for collection
amounting to the sum of another one hundred forty four Dollars, and eighty three
cents like lawful money as aforesaid which he then and there promised
to collect for said plaintiff and to under an account thereof to said plaintiff
within a reasonable time thereafter: which he then and there promised
to do accordingly: Yet the said Defedant though often requested towit
at the County of Lawrence aforesaid towit on the first day of December
[Page 3] One thousand eight hundred and fifteen hath never paid over the said
sum of money, or any part thereof, neither hath he ever rendered any
account thereof though alike requested: but to do either hath altogether
refused still refuses to the plaintiff damage two hundred Dollars.
And for that the said Defendant afterwards - - -
the day and year and at the place last aforesaid was indebted
to said plaintiff in one other and further sum of four hundred
Dollars like lawful money as aforesaid for so much money before
that time had and received by said Defendant to and for the home
of said plaintiff in consideration thereof he then and there became
liable and promised to pay the plaintiff the same sum of money
on Demand --
Yes the said Defendant though often requested towit on
the day and year and at the place last aforesaid haith never performed
the said several undertakings or hath he paid the aforesaid
several sums of money - or any part of parcel thereof though
alike requested - twt[to wit] so to do hath ever refused and still
doth refuse to the Damage of said plaintiff five hundred
Dollars - Wherefore he sues ye --
Chs S Hempstead atty piff[sic]
[Page 4] Service $
Milage 120 miles $7.50
June the Seventh
1816
Executed on the
defendant by lead
ing the witness write
and the explanation
in the Township of
Christian
James Campbell
[middle sideways]
No 11 in June Term 1816
Lawrence Circuit Court
William Searcy v. Moses Graham
Sum Case Dam $500
Hempstead Atty
This is an action of Trespass on
the case for money collected and not
paid over - - - Let a Summons
issue accordingly - Damage
five hundred Dollars
Chs S Hempstead
L. DeMun Eq March 31 1816
Clk Cir Court LC
[bottom]
County of Lawrence: THe United States of America to the
sherriff[sic] of the county aforesaid
Greeting
We command you that you summon the witness named
Moses Graham if he may be found in your bailiwick that he
be and appear before the Judge of our circuit court at a court
to be held in at the town of Lawrence in and for the county afore
said on the fourth Monday of June next then and there to
answer the within named William Searcy in a plea of
Trespass on the case and to his damage five hundred Dollars
and - - - you then there this writ
Witness Lewis de Mun clerk of our said court
office this 23rd day of April AD 1816 2
of our Independence the forteenth[sic]
Lewis de Mun Clk

Physical Description

Document, 7.5" x 12.25"

Subjects

Debt; Law; Lawyers; Collectors; Business; Finance; Pioneers

Contributor

Charles Hempstead

Geographical Area

Lawrence County (Ark.)

Language

English

Identifier

MSNE.0070, Box 15, Folder 1472

Resource Type

Text

Collection

Lawrence County (Ark.) Circuit Court records, MSNE.0070

Publisher

Arkansas State Archives

Contributing Entity

Northeast Arkansas Regional Archives

Recommended Citation

Court case, William Searcy v. Moses Graham, Northeast Arkansas Regional Archives, Powhatan, Arkansas.

Rights

Use and reproduction of images held by the Arkansas State Archives without prior written permission is prohibited. For information on reproducing images held by the Arkansas State Archives, please call 501-682-6900 or email at state.archives@arkansas.gov.

Disciplines

United States History

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Court case, William Searcy v. Moses Graham

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