Shelby  County  Indiana
Courthouse  Records

Collins

VS

Engler  &  Rush

Common Pleas Court
David Collins
        VS
David Engler  &  Jacob Rush
Complaint Demand $250.00
Filed January 30th 1858 Alex Miller Clk
Box 41     J. Harrison, Pltffs Atty

State of Indiana In the Court of Common Pleas
Shelby County     SS                                                                
March Term 1858
 
            David Collins complains of David Engler and Jacob Rush, and says that on the fifth day of March 1857, at the County of Shelby, the said David Engler and Jacob Rush, were partners in trade, under the name and style of D. Engler & Rush, and so being partners, the said David Engler and Jacob Rush, on the eleventh day of August 1857, made a certain promissory note in writing, (a copy of which is filed herewith), and delivered the same to the said David Collins, and thereby under the name and by the description of the said firm of D. Engler & Rush, promised to pay to the order of the plaintiff, two Hundred and ten dollars and sixty cents, on the first day of October thence next ensuing, without any relief whatever from valuation or appraisement laws, which period has now elapsed, and the said note remains unpaid, and the plaintiff demands judgment for two Hundred and fifty dollars.
David Collins By J. Harrison, Atty        

$210.60                                             August 11th 1857
        On the First day of October next, we promise to pay to the order of David Collins, the sum of Two Hundred and Ten Dollars and 60 cents, value received, without any relief whatever from valuation or appraisement laws.
Signed D. Engler & Rush


David Collins
      VS
David Engler & Jacob Rush
 
          Amount of Note $210.60
          Owe Oct 1st 1857 interest 5 months & 12 days    
5.75
          Judgment for
$216.35      without relief


David Engler & Jacob Rush                                 Reasons for New Trail
        VS
David Collins
Filed 4th March 1858 In Open Court

            The Deft moves the Court for a new trial herein and filed the following causes therefore, viz:
  1. The said Judgment is contrary to law and evidence
  2. The Court erred in sustaining the Plffs demurrer to Deft’s
Ray McFarland Defts Atty
  1. There was no reply to the 3rd paragraph of Defts answer.
Ray McFarland Defts Atty

David Collins
       VS                                         Summons
David Engler & Jacob Rush
Returnable on the 1st Monday in March 1858
Complaint Demand $250.00

            Came to hand February 9th 1858 Served as Commanded by Reading February 10th 1858
Squire L. Vanpelt     S.S.C.


Sheriff Fees $1.50

Summons C.C. Pleas 
The State of Indiana, Shelby County, Sct: 
            The State of Indiana, to the Sheriff of said County, Greeting: You are hereby commanded to summon David Engler and Jacob Rush if they may be found in your bailiwick, to appear before the Judge of the Court of Common Pleas, of Shelby county, on the second day of the next term of said Court, to be held at the Court House in Shelbyville, on the 1st Monday in March then and there to answer the complaint of David Collins. Demand claimed two Hundred and fifty dollars and herein they may not fail at their peril; and have you then there this writ. 
            In Witness of Which, I Alexander Miller Clerk of said Court, hereunto affix the seal therof and subscribe my name, at Shelbyville this 30th day of January A.D. 1858.
Alex Miller Clk                

David Engler & Jacob Rush                                 Answer 
                VS 
David Collins Filed in open Court March 3d 1858 Alex Miller Clk

            The defendants for answer to Plaintiffs Complaint, says that he specifically denies each and every allegation therein contained. Wherefore he demands judgment &c.

Paragraph No. 2     The Defts for further answer to Plff, Complaint says that before the commencement of this suit he fully paid and satisfied the said note wherefore he demands judgment &c.

Paragraph No. 3     The Defts further say, that the said note, when the same was given, contained the sum of Fifty dollars, illegal and usurious interest, while the Plff took and received from the Defts on said note. Wherefore Defts demand judgment for the sum of Fifty dollars for said illegal interest & other proper relief.

Paragraph No. 4     The Defts for further answer to Plffs complaint says that said Note was given without any good or solid consideration whatever. Wherefore he demands judgment &c.
Engler & Rush                            

David Collins 
        VS 
David Engler & Jacob Rush

            Reply to 2d & 4th paragraphs of answer Filed in open Court March 4th 1858     Alex Miller Clk

Reply 
            The plaintiff replies to the second and fourth paragraphs of the defendants answer, and says that he denies each and every allegation (of new matter) therein contained.
David Collins By J. Harrison Atty

David Collins 
        VS 
David Engler & Jacob Rush 
Filed in open Court March 4th 1858     Alex Miller Clk 
Demurer to 3d paragraph of answer
Demurer
            The plaintiff demurs to the Third paragraph of the defendants answer for the following grounds of objection. First: Because said paragraph was not state facts sufficient to constitute a defense for counter claim to the plaintiffs action.
David Collins     By J. Harrison Atty

Transcribed by Barb Huff

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