Box 424
No. 2273

George  W.  Howery
General  M.  Wickliff

Complaint On Note

Filed October 14, 1885
A. J. Gorgas, Clerk.
Fee Book W

Shelby Circuit Court
October Term 1885

George W. Howrey
General M. Wickliff

Complaint on a note
& acct.
Demand $60.00

OCT 14 1885
A. J. Gorgas

Edward H. Chadwick
              Atty for Plff.

The clerk will issue summons on the within complaint requiring 
the defendant within to appear and answer the same on 
Monday the 26th Day of October AD 1885.
Ed. H. Chadwick Atty for plff                                    


No. 2273
George W. Howery
General M Wickliff

S U M M O N S .
26 day of Oct 1885
19 judicial day Oct
Term, 1885.          
E. H Chadwick
Attorneys for Plaintiff.
Sheriff's Fees.
MILEAGE,   240
SERVICE,    35
RETURN,     10

                Came to hand Oct 14"/85 at 9 oclock A.M.  Served by reading to and in the heareing of the within named Defendant.
Oct. 14th 1885                    
James Magill,               
Sheriff, S.C.
                 The State of Indiana, to the Sheriff of Shelby County, Greeting:
     You are hereby commanded to summon

                       General M Wickliff

to appear in the Circuit Court of Shelby County, before the Judge thereof, on the 26 day of Octoer 1885, the 19 Judicial day of its Oct Term, 1885, now being held at the Court House in Shelbyville, County of Shelby, and State of Indiana, then and there to answer to the complaint of

     George W. Howery
                                    On Note            Demand, $60.00
and of this writ make due return.
WITNESS the Clerk of said Court, and the seal thereof hereunto
affixed at Shelbyville, this
14 day of
Oct 1885                                            
A J Gorgas, Clerk, S. C. C.
State of Indiana   } Shelby Circuit Court.
                            } Oct Term 1885.
Shelby County     }

George W. Howrey   }
vs                               } Complaint on note.
General M. Wickliff  }
                                      The plaintiff complains and says that on the 1st day of Sept A.D. 1884, the said defendant, by his certain promissory note, a copy of which is filed herewith and made a part hereof, marked Exhibit "A", promised to pay said plaintiff one year after date the sum of $39.45 with interest at the rate of 8 percent from date until paid, and attorney's fees, & without relief  from valuation and appraisement laws; that said note is now past due and remains wholly unpaid; that interest has accrued on said note to the amount of Five Dollars, and that a reasonable attorney's fee herein is Ten Dollars.  For a second and further paragraph of Complaint -- said plaintiff says that said defendant is indebted to him in the sum of Five Dollars $5.00 for Ten (10) bushels of corn sold and delivered to said defendant by said plaintiff on or about the 1st day of May A.D. 1887, as per copy of sworn bill filed herewith and made a part hereof marked Exhibit "B". And plaintiff says said bill and account for corn so sold and delivered as aforesaid remaines wholly unpaid, though payment has been demanded  Therefore siad plaintiff demands Judgment against defendant for the sum of Sixty (60) dollars, and for all other proper relief.
/s/  Edward H. Chadwick     
Atty for Plff.

Exhibit A.
$39.45                        Shelbyville, Ind. September 1st, 1885
          one year                          after date we, or either of us,
promise to pay to the Order of George W. Howrey at

The First National Bank of Shelbyville,
Thirty Nine ~ ~ ~ ~ ~ ~ ~ 45/100 Dollars Value Received, without any relief whatsoever from Valuation or Appraisement Laws with Eight percent interest per annum, from date until paid, and Attorney's Fees. The drawers and endorsers severally waive presentment for payment, protest, notice to protest, and non-payment of this note, and all defenses on the ground of extension of the time of its payment that may be given by the holder or holders to them or either of them.
General M. Wickliff

Exhibit B.

Shelbyville, Ind. Sept. 15th 1885
General M. Wickliff to George W. Howrey. Debtor
May 1st 1885 for 10 bushels of Corn at 50 cents per bushel . . . . . . $5.00
George W. Howrey
[The above, including the signature, is in Chadwick's handwriting-PMF]
State of Indiana Shelby County ss:
Before me, Edward H. Chadwick, a Notary Public in and for said County & State -- personally appeared George W. Howrey and upon his oath swears that the above and foregoing account is a two statement of the indebtedness of the Said General M. Wickliff to him the said affiant for Corn, purchased by said Wickliff of said Affiant on or about the 1st day of May A.D. 1885.
George W. Howery
Subscribed & sworn to before me this 18th day of September A.D. 1885.
Edward H. Chadwick Notary Public                                                                    

Transcribed by Phyllis Miller Fleming

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