Rice  vs  Derrickson

William J. Rice 
Andrew R. Derickson
Transcript Appeal Box 98 No. 694
Filed June 28 1869 J. G. Wolf Clk.

Civil Action Complaint Filed March 1st 1869
Before A. J. Higgins Justice of the Peace

            William J. Rice  complains of  Andrew R. Derickson  defendant and says that heretofore to wit At the City of Shelbyville in the County of Shelby and State of Indiana on the 29th day of December 1868 the said plaintiff and defendant entered into a certain Written agreement a copy of which is filed herewith whereby it was agreed that the said plaintiff should from time to time  furnish to the defendant Money wherewith to buy furs  at said County and whereby the said defendant to buy furs for plaintiff at prices to be designated by the plaintiff and for his service in that behalf the said plaintiff took and promised to pay the said defendant ten per cent Commission on the furs so purchased and the plaintiff says that on and upon said agreement the said plaintiff furnished to the defendant the following sums of money towit  [the "list" below is my artistic license; it appears in sentence form in the original - pmf]
December the 29th 1868 fifty dollars 
same date seventy five dollars 
January 2nd 1869 Order on McCarty four Dollars 
January 4th 1869 Cash ten dollars 
Jany 9th 1869 Twenty five Dollars 
making total amount so advanced to the defendant up to said 9th day of January 1869 One hundred and twenty Nine dollars.  That said defendant up to and on the 18th day of Jany 1869 had furnished to the plaintiff furs to the amount with his commission then left due to the plaintiff on that day the sum of twenty nine dollars on settlement of that day and the plaintiff says that afterwards on the dates and sums he furnished to the defendant on said agreement the following sums and Amounts towit  [the "list" below is my artistic license; it appears in sentence form in the original - pmf]
Jany 23rd 1869 $25.00 
same date $25.00 
Jany 28th 1869 $25.00 
Feb 1869 $35.00 
February 1869 $70.00 
making one hundred & Eight dollars so furnished after the said settlement Said defendant has furnished to the plaintiff to the amount of Eighty dollars and has wholly failed and refused to furnish the plaintiff with other furs or to account to the plaintiff for the Money so advanced as aforesaid that the plaintiff furnished to the defendant bills of prices as agreed as aforesaid wherefore the plaintiff sues and demands Judgment for one hundred Dollars and other proper relief. 
            Paragraph No. 2 And for further Plaintiff says that defendant is indebted to him in the sum of One hundred and fifty dollars for personal property sold and delivered and for money due from the defendant to plaintiff a bill of particulars which is herewith filed and made a part hereof which sum is due and unpaid wherefore he sues and demands Judgment upon the several paragraphs of this complaint in the sum of two hundred Dollars and other proper relief.
Davis & Love Atty for Plff.

Andrew R. Derickson  To  William Rice
Dr. February 12th 1869                 Steel Traps No. 1 $    700
Dr. February 12th 1869 To one other trap 125
January 9th 1869 To Balance on Settlement             2500
Signed William J. Rice                        

March 1st 1869 by order of plaintiff a Summons was issued for defendant in words and figures to wit (here insert) returnable on the 6th day of March 1869 at 3 O’clock P.M. and the same delivered to  Stephen Cherry  also supeonia divers witnesses on behalf of Plaintiff.

March 6th 1869 3 O’clock P.M. the day and hour set for the hearing of the above entitled cause comes the parties in their own proper person and also by Attorney on behalf of plaintiff and defendant the defendant by his oath files a motion to quash the Summons which motion reads as follows towit (here insert) which Motion by the Court was overruled also files to dismiss the complaint which Motion by the Court is overruled defendant demurs to plaintiff complaint which demur by the Court is overruled Also comes the defendant and filed his answer to plaintiff complaint with bills of particulars. Now comes the plaintiff and files his motion & makes the defendant make his answer More certain. 
            Wm. J. Rice,  E. K. Parish,  G. D. Hinkle,  George Wilson  Sworn and examined on behalf of the plaintiff Andrew R. Derickson.  Isaac McCarty,  Henry McCarty,  Cyrus Gordon  sworn and examined on behalf of the defendant and the Court after hearing the evidence and the Agreement by the Counsel I find the defendant indebted to the plaintiff in the sum of One hundred and thirty two dollars.
            It is therefore considered and adjudged that the plaintiff recover of the defendant the sum of One hundred and thirty two dollars together with costs and accruing costs and that he have execution for the same.
A. J. Higgins   J.P.            

            April the 5th 1869 Defendant files his Bond with surety and prays an appeal to the Shelby Circuit Court which appeal by the Court is granted and the above Bond by the Court approved and the papers filed in the Clerks office together with transcript of Judgment.

June the 26th 1869    I Andrew J. Higgins a Justice of the Peace in and for Addison township Shelby Count Indiana certify the above to be a true copy and transcript of Judgment and proceedings as appears on record on a Docket now in my possession.
A. J. Higgins   J.P.        

Transcribed by Barb Huff

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