Simon's Family History
Debt - 1800
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
New Jersey, Supreme Court
Essex County ss.
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
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
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
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 :
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
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 :
Copyright © Simon Parker-Galbreath
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