Pleas before Hon: T. T. Alexander. Judge of the Barren Circuit Court. at the Court house in Glasgow Ky. March 22. 1865

Joseph White. Plff.
agt On Petition
M. H. Maupin. Deft.

The Plff Jo^s. White States that the Deft M. H. Maupin by his promissory note dated 8th day of April. 1859 agreed to pay to Plff the sum of $216, twelve months thereafter. sd note is file herewith as part hereof. & is entitled to a credit of $50. paid Dec. 1/60. instead of $168. as entered on the note of sd date. sd credit of $168⁰⁰ having been entered on sd Note without the knowledge or Consent of Plff & by procurement of Deft — The only payment ever made on sd note being the sd sum of $50. at the date afsd, to wit. Decr. 1^st. 1860. & that is the only credit to which sd note is entitled — & the residue of sd note is still unpaid.

Wherefore he prays Judgment for his sd debt subject to the credit of $50 afsd. & for proper relief.

Sampson. pg.

Filed Feby 20/65.

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$216.
Glasgow. April 8th 1859

Twelve months after date we promise to pay to the order of Joseph White Two hundred & Sixteen dollars. without defalcation value received.

M. H. Maupin
R. D. Maupin

Endorsed. "received on the within note
Dec. 1st. 1860. $168⁰⁰"

On the 10th Sept. ^1863^ this order made, viz. The deft produced & filed his ans^r. herein

Ans^r of Deft

The deft M. H. Maupin for ans^r. to Plff's Petn. says. That he admits the Excn of the note sued on. but he denies that sd note only entitled to a credit of $50. instead of $168 as entered on sd note of the date of Dec^r. 1st. 1860 — He denies that sd credit of $168 was entered on sd note without the Knowledge or Consent of Plff & by procurement of Deft —

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He denies that the only payment made on sd note was the sd sum of $50. Dec. 1st/60 He denies that $50 is the only Credit to which sd note is entitled, that the residue of sd note is still due.

He states & charges that on the 1st Dec^r. 1860 he paid $50 & transferred in writing to Plff a Judgment for the sum of $118 in the

Warren Cir. Ct. in favor of Deft. & agt Wm Smith & W. E. Wade the am^t. & value of sd Judgment to wit. the sum of $118. & $50 Cash making $168, was entered as a credit on said note — He states & charges, that the sd White took the sd written transfer of sd Judgm^t. from Deft. & now has possesⁿ. of the same, that he accepted & rec^d. sd Judgment & $50 Cash as a payment of the sum of $168 of the note sued on & properly & rightfully entered him a credit therefor. that sd Smith & Wade were solvent at the time of the assignment & transfer of sd Judgment. Excn have been made off of them since the transfer of sd Judgment

M. H. Maupin, by
J. W. Gorin.

4
J. W. Gorin says that he is the atto of M. H. Maupin who is now absent from the Barren Co. & that he believes the statements of the foregoing ans^r. are true.

J. W. Gorin

Sworn to before me by J. W. Gorin. Sept. 17. 1863.

Filed Sept. 19/63. T. H. M. Wain. D C.

At the Sept Term 1863. 23^d. day of the follg order was made, to wit.

Judgment
vs.
Maupin

This day came the parties & the Deft filed his Ans^r. settling up a defense of $168, agt so much of Plffs claim

& the residue of sd debt being undefended

It is therefore adjudged by the Court that the Plff recover of him the sum of $48. the am^t. so undefended with interest from the 9th day of April 1860. & his costs in the behalf expended.

On the 12th Sept. 1864. this order was made, to wit

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It appearing to the Court that the Plff has departed this life & that Jno. M. White has qualified as his Excr. it is therefore by agreement of the parties, now ordered. that this suit be now revised & prosecuted in the name of sd Jno. M. White as Excr of Jos. White, decd. & the Cause is Cont^d. —

A copy of the above order was delievered to M. H. Maupin, Jany 4th. 1865 by the Shff of Barren Co.

On the 15 day of the March Term/64. the foll^g. order was made, to wit.

Judgm^t. of Maupin vs. White

This day came the parties by their Atto^s. & by agreement it is ordered that this cause be submitted to the Court without the intervention of a Jury & the evidence & arguments of the Counsel being heard, & the Court being sufficiently advised it is ordered & adjudged by the Court that the Deft Maupin recover

of the Plff his costs herein, to be levied upon assets in his hands as Adm^r. unadministered.

On the 19 day of March Term, 1865. this order was made, to wit.

Order. 6

The Plff produced & filed grounds & moved the Court to grant him a new trial herein. & the Court not being advised took time —

Grounds for new trial
The foll^g. are the grounds ref^d to above.

The Plff moves the Court to set aside the Judgment herein & grant him a new trial on the foll^g. grounds, to wit.

The Judgment of the Court is contrary to the law & the evidence & agt the weight of evidence.

Sampson p. q.

Order
On the 20th day of the March Term 1865.

This day again came the parties by their Atto^s. & the Court being sufficiently advised. It is adjudged by the Court that the motion be overruled to which opinion & ruling of the Court the Plff excepts, & prays an Appeal to the Court of Appeals, which is granted him & thereupon he produced & filed his bill of except^s. No 1. & 2. which were signed & sealed & ordered to be made part of the Record.

Bill of Except^s.
8

Be it remembered that upon the trial of this Cause the Plff read in evidence the note sued on (see page 2)

Willis Settle then being sworn stated that Jos. White sent the note sued on by him in Glasgow with instructions to receive from Maupin the money due upon it or a part of it, that he applied to Maupin for payment of sd note, who said he could not pay it, but informed Witness that he had an Excn in the hands of the Shff of Barren Co agt agt Wade & Smith for $100. with Int. & cost. & proposed to assign sd Excn & to pay $50 in money provided Witness would credit the am^t. of the money & the Excn on the note. Witness informed Maupin that he had no authority from Jo^s. White to make such an arrangement, Maupin assured him that the Excn was good that it was levied on a negro & that the money would be Collected on sd Excn at an early day — Witness then agreed to the arrangement on the express Conditions — that would meet the approbation of & be ratified by Jos. White & on this Condition the credit of $168 was placed upon the note sued on, that being the am^t. of the $50 in money & the Excn afsd. $118 & Maupin executed to White

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a transfer of sd Excn & delivered the same to witness. Witness paid over to White the money, viz. $50. & upon informing him of the arrangement about the Excns he refused to ratify it said he would not take the Excn & release Maupin, that if the money was paid on the Excn as Maupin said it would be it would be all right, but he would not agree to release Maupin, Witness delievered to him the transfer given by Maupin of sd Excn in some 3 or 4 days Witness saw Maupin & informed him that White would not agree to the arrangement & also thatwhat White said in regard to the money being paid on sd Excn. some time afterwards Jos. White sent the note to town by Witness. to be sued on & at the same time delivered to him the written transfer of Maupin & Witness has had the same in his possesⁿ. ever since & the same is now exhibited to the Court. Witness had no authority from White to receive any thing but money in payment of any part of sd. note. the Excn on Wade & Smith has never been Collected. & is insolvent, the transfer & credit on the note was written by M. H. Dickerson who was present.

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Plff then introduced M. H. Dickinson who being sworn stated that he was present at the time the transfer to White was written spoken of by Little, & also the credit entered in the note both of which are in his hand writing, the arrangement was made in regard to the excn. & the Credit given on the note on the Conditions that it should be ratified by White, that he was then Shff of Barren Co. & had in his hands the Excn mentioned in sd transfer that Maupin represented to Settle that it would soon be Collected, sd Excn was levied with others on a Slave but the proceeds of the Slave were absorbed by other Excns & the Excn was returned by him "No property found — Wade & Smith have ever since been insolvent.

The deft then read the transfer form Maupin to White produced by Little which is as follows — "For value received I hereby transfer & assign to Joseph White the benefit of an Excn in my favor agt W. E. Wade & W. S. Smith which issued from the Clk's office of the Warren Cir. Ct. on the 10th day of Oct. 1860.For100$ debt with Interest from 26^th Jany 1859 7$ costs.

M. H. Maupin"

This was all the evidence in the Cause. Thereupon the Court rendered a Judgment for Deft. for his Costs to which Plff excepts & prays that his Except^s. may be signed sealed & Enrolled as part of the record herein which is accordingly done.

Filed in Court.
March 28/65

T. T. Alexander.
Judge Barren Cir. Ct.

Bill of Excepts. No 2
Be it remembered that after the trial of this cause the Plff produced & filed his grounds for a new trial & moved the Court to grant him a new trial, which grounds are as follows. (see page 6) The Court overruled sd motion for a new trial to which Plff excepts & prays that his bill of Except^s. may be signed, sealed & enrolled as part of the record. herein which is accordingly done.

T. T. Alexander.

J. W. Porter, Clk of the Barren Cir. Ct. Certify that the foregoing pages Contains a full true & Complete transcript of the proceedings & orders in the case of Jno M. White, admd^r of Joe White, vs. M. H. Maupin.

Given under my hand this 5th day of May 1865.

W. L. Porter. Clk

Index

Fisher Done up
[...]
ELV

Whites Excr.
vs. } Co Record.
Maupin.

1865. May 8th. filed. &c.

Hon. Wm Sampson
Atto for appellant