Walter Rutherford v. John Stites - New Jersey Supreme Court

New Jersey ss

The State of New Jersey to the Sheriff of the County of Essex Greeting we command you to summon John Stites if he may be found in your bailiwick so that he be and appear before the Justices of our Supreme Court held at Trenton on the last Tuesday in February next in and for the State of New Jersey, to answer unto Walter Rutherford of a plea that he render unto him nine thousand dollars which to him he owes and from him unjustly detains &c. And have you then and there this writ.

Witness James Kinsey Esquire Chief Justice of our said Court at Trenton aforesaid the second Tuesday in November in the year of our Lord one thousand seven hundred and ninety nine.

Ja de Hart Atty
J Rhea Clerk

New Jersey, Supreme Court
of the term of February in the year of our Lord eighteen hundred. 

Essex County ss.
John Stites was summoned to answer unto Walter Rutherford of a plea that he render unto him nine thousand dollars which to him he owes and from him unjustly detains &c. 

And whereupon the said Walter by Jacob De Hart his attorney says that whereas the said john Stites the first day of June in the year of our Lord one thousand seven hundred and ninety six at Newark in the County of Essex aforesaid by his certain writing obligating which he the said Walter with the seal of him the said John sealed brings here into Court the date whereof is the same day and year last aforesaid acknowledged himself to be held and firmly bound unto the said Walter in the said sum of nine thousand dollars to be paid to the said Walter when the said John should be thereunto afterwards required 

Nevertheless the said John although afterwards required &c. the aforesaid sum of nine thousand dollars unto him the said Walter hath not paid but the same to him as yet to pay hath hitherto altogether refused and still doth refuse to the damage of him the said Walter one hundred dollars and thereof he brings his suit.

Jacob de Hart Attorney 

Essex County ss
Walter Rutherford puts in his place Jacob De Hart his Attorney against John Stites in a Plea of Debt.

Know all men by these presents that I John Stites of Elizabeth Town in the County of Essex and State of New Jersey Gentleman I am held and firmly bound unto Walter Rutherford Esquire of the State aforesaid in the full and just sum of nine thousand dollars to the which payment will and truly to be made and done I bind myself my heirs executors and administrators and every of them firmly by these presents given under my hand and seal this first day of June one thousand seven hundred and ninety six 1796. 

The condition of this obligation is such that if the above bound John Stites his heirs executors and administrators or every of them shall and doth well and truly pay unto Walter Rutherford his heirs and assigns above said the full and just sum of four thousand five hundred dollars with the lawful interest for the same and that in the following payments viz.

seven hundred and fifty dollars with the interest as aforesaid in one year from the date hereof and seven hundred and fifty dollars with the interest as aforesaid in each succeeding year until the full sum of four thousand five hundred be paid with the lawful interest then this obligation to be void and of no effect or else to stand and remain in full force and virtue in law. 

Signed sealed and delivered
John Stites (seal) 

In presence of us (no names written) 

NB his heirs and assigns being interlined in the eighth line from the bottom before signing the same.

N.B. The following is a printed form. I have typed the hand written fill-ins in italics. 

New Jersey, to wit, THE STATE OF NEW JERSEY,

To our Sheriff
of our County of Essex GREETING : we command you that of the goods and chattels of John Stites in your County, you cause to be made the sum of nine thousand dollars of debt, which Walter Rutherford lately in our Supreme Court of Judicature, before our Justices of our said Court, at Trenton, recovered against him and also eighteen dollars and eight cents which in our said Court, before our said Justices, were adjudged to the said Walter Rutherford for his damages, which he sustained, as well by occasion of the detention of that debt, as for his costs and charges by him about his suit in that behalf expended, whereof there is a recovery :

And if sufficient goods and chattels of the said John Stites cannot be found in your County, whereof the debt and damages aforesaid may be made, then you are hereby further commanded, that you cause the whole or the residue, as the case may require of the said debt and damages, to be made of the lands, tenements, hereditaments and real estate, whereof the said John Stites was seized on the fifteenth day of May in the year of our Lord eighteen hundred or at any time afterwards, in whose hands soever the same may then be : And have you that money before our Justices aforesaid, at Trenton, on the first Tuesday of September next, to render to the said Walter Rutherford for his debt and damages aforesaid : And I have there this writ :

WITNESS  James Kinsey  Esq. our Chief Justice, at Trenton, the seventeenth day of May in the year of our Lord, one thousand eight hundred. 

Jacob De Hart Atty., J Rhea Clerk

By virtue of this writ to me directed I have levied on the defendants wright (right) to the Elizabeth town punt ferry and the land and buildings thereto belonging also a house and lot in Elizabeth town lately the property of Isaac spinning and half the grist mill now occupied by the Revrent (Reverend) Mr. Briant also two cows two horses one wagon one horse cart one chair in which remains in my hands for want of buyers to the amount of sixpence subject to periar? encumbrance

Thomas ward Sheriff

Above documents - New Jersey State Archives – Ref Supreme Court case # 33137.

Recorded in Book A of Judgments folio 242.

The following documents are from the New York Historical Society :-

- John Rutherford Papers :
       -Subseries 4 Walter Rutherford Papers

To Thomas Ward Esq late Sheriff of Essex County 

Walter Rutherford agt. John Stites
New York Supreme Court 

Sir,
You will please to proceed immediately on the receipt of this to advertise and sell the property of the defendant by you levied and seized on by virtue of the execution issued in the above cause and raise the debt interest and costs for for the use of the plaintiff,

Sir your humble servant
Jacob de Hart Attorney for Plaintiff
Sept 3, 1802

Walter Rutherford vs. John Stites
New York Supreme Court 

By virtue of a writ of Fi. fas. Debonas atteris to me directed and delivered I have levied on the defendant’s right to the Elizabeth Town Point ferry, the boats, buildings & lands thereunto belonging, also the house and lot of land in Elizabeth Town where Isaac Spinning lately lived, also the one half of the Grist Mill dwelling house & lands occupied by the Rev. Mr. Bryant, also two cows, two horses one wagon & harness, one horse cart, one riding chair & harness, which I shall expose to sale at public vendue on Monday the fifteenth day of November next at the Court House in Elizabeth Town, between the hours of two & five o’clock in the afternoon. 

Thomas Ward late Sheriff
Sept 9^th, 1802

Acknowledgments to :-
- New Jersey State Archives.
- The New York Historical Society.

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