Daniel Hartwell Court Documents (1804-1807)
Daniel Hartwell Court document - 17 Mar 1807
The following document discusses a ruling for Daniel Hartwell against the owners of the ship Rachel and a counter claim by the owners against Hartwell. Click on the image below to view the full document in a new window.
Source: Essex County Court of Common Pleas, March Term 1807
Transcription
Page 1
Jonathan Peele, Joseph Winn, John Winn, Willard Peele, Pickering Dodge and Nathaniel Appleton all of Salem in the County, merchants, demand against Daniel Hartwell of Conway in the County of Hampshire now conversant at Salem, mariner, the sum of one thousand dollars for so much money by the said Hartwell had and ... to their use heretofore - Mar 17 1807 - signatures
Town of Salem in the County of Essex Mar 17, 1807
Know all Men that Jonathan Peele, Joseph Winn, John Winn, Willard Peele, Pickering Dodge and Nathaniel Appleton all of Salem in the county of Essex, owners of the Ship Rachel and Daniel Hartwell of Conway, county of Hampshire, now of Salem in the county of Essex, mariner have agreed to submit the demand made by the said Jonathan Peele and others against the said Hartwell which is hereunto annexed, and all other demands between the said Parties (excepting an action between them, pending in the County of Essex in the G. Com. Pleas [the General Court of Common Pleas]) to the determination of Nathan Dane, Esq., John Pickering Jr. Esq., and John Prince Jr., Esq.
the report of whom, or the major part of whom, being made as soon as may be to any Court of Common Pleas, to be holden in and for the said county of Essex judgment thereon to be final. And if either of the parties shall neglect to appear before the Referees, after proper notice being given them of the time and place appointed by the Referees for hearing the parties in this action, the Referees shall have power to proceed ex parte. Jonathan Peele, Joseph Winn, John Winn, Willard Peele, Pickering Dodge, Nathaniel Appleton by their atty. Sam. Putnam and the said Daniel Hartwell personally appeared and acknowledged the above instrument, by them subscribed, to be their free act, BEFORE ME,
John Rinehard, Justice of the Peace
Essex ff. March 17, 1807
Then the above Jonathan Peele, Joseph Winn, John Winn, Willard Peele, Pickering Dodge, Nathaniel Appleton by their atty..
Sam. Putnam
Page 2
651 Hartwell v. Peele et. al,
March 7, 1807
Judgt. $282.90 Dam.
$83.80 Costs
Justices Rule 651
Peele et al v Hartwell
Report accepted
Judgt. $282.90 Dam.
$83.80 Costs
And the parties within named agree, that the said Hartwell shall give in evidence against the Plaintiffs in this action, a certain note dated 25 Oct 1803 signed by Joel Root for four hundred dollars, and that the referees are to award against the Plaintiffs such sum (if any) as the said Root was by law liable to pay - and the award in their case, whether for or against the Plaintiffs, shall include and be a final discharge and determination of all demands which the said Hartwell hath against the Plaintiffs and against the said Root or ..., upon or for said note - and of all demands the said Hartwell hath against the Plaintiffs, for any & all causes whatsoever - and all of the demands (excepting the action pending as within mentioned) which the Plaintiffs have against the said Hartwell.
Witness our hands the 17 Mar 1807 signatures
Salem March 20 1807 We the referees within named having notified, met and heard the parties within and above named on the ? ? within and above referred to due award and determine that the said Hartwell receive against the Jonathan, Joseph, John, Willard, Pickering and Nathaniel the sum of two hundred and eighty two dollars and ninety cents in full of all the demands submitted in this same as aforesaid and also ? of ? being seventy four dollars and fifty eight cents.
N. Dane
John. Prince Jr.
John Pickering Jr.
Essex Court of Common Pleas March Term 1807 opened in court and filed Att. J. Tucker Clerk
Page 1
Jonathan Peele, Joseph Winn, John Winn, Willard Peele, Pickering Dodge and Nathaniel Appleton all of Salem in the County, merchants, demand against Daniel Hartwell of Conway in the County of Hampshire now conversant at Salem, mariner, the sum of one thousand dollars for so much money by the said Hartwell had and ... to their use heretofore - Mar 17 1807 - signatures
Town of Salem in the County of Essex Mar 17, 1807
Know all Men that Jonathan Peele, Joseph Winn, John Winn, Willard Peele, Pickering Dodge and Nathaniel Appleton all of Salem in the county of Essex, owners of the Ship Rachel and Daniel Hartwell of Conway, county of Hampshire, now of Salem in the county of Essex, mariner have agreed to submit the demand made by the said Jonathan Peele and others against the said Hartwell which is hereunto annexed, and all other demands between the said Parties (excepting an action between them, pending in the County of Essex in the G. Com. Pleas [the General Court of Common Pleas]) to the determination of Nathan Dane, Esq., John Pickering Jr. Esq., and John Prince Jr., Esq.
the report of whom, or the major part of whom, being made as soon as may be to any Court of Common Pleas, to be holden in and for the said county of Essex judgment thereon to be final. And if either of the parties shall neglect to appear before the Referees, after proper notice being given them of the time and place appointed by the Referees for hearing the parties in this action, the Referees shall have power to proceed ex parte. Jonathan Peele, Joseph Winn, John Winn, Willard Peele, Pickering Dodge, Nathaniel Appleton by their atty. Sam. Putnam and the said Daniel Hartwell personally appeared and acknowledged the above instrument, by them subscribed, to be their free act, BEFORE ME,
John Rinehard, Justice of the Peace
Essex ff. March 17, 1807
Then the above Jonathan Peele, Joseph Winn, John Winn, Willard Peele, Pickering Dodge, Nathaniel Appleton by their atty..
Sam. Putnam
Page 2
651 Hartwell v. Peele et. al,
March 7, 1807
Judgt. $282.90 Dam.
$83.80 Costs
Justices Rule 651
Peele et al v Hartwell
Report accepted
Judgt. $282.90 Dam.
$83.80 Costs
And the parties within named agree, that the said Hartwell shall give in evidence against the Plaintiffs in this action, a certain note dated 25 Oct 1803 signed by Joel Root for four hundred dollars, and that the referees are to award against the Plaintiffs such sum (if any) as the said Root was by law liable to pay - and the award in their case, whether for or against the Plaintiffs, shall include and be a final discharge and determination of all demands which the said Hartwell hath against the Plaintiffs and against the said Root or ..., upon or for said note - and of all demands the said Hartwell hath against the Plaintiffs, for any & all causes whatsoever - and all of the demands (excepting the action pending as within mentioned) which the Plaintiffs have against the said Hartwell.
Witness our hands the 17 Mar 1807 signatures
Salem March 20 1807 We the referees within named having notified, met and heard the parties within and above named on the ? ? within and above referred to due award and determine that the said Hartwell receive against the Jonathan, Joseph, John, Willard, Pickering and Nathaniel the sum of two hundred and eighty two dollars and ninety cents in full of all the demands submitted in this same as aforesaid and also ? of ? being seventy four dollars and fifty eight cents.
N. Dane
John. Prince Jr.
John Pickering Jr.
Essex Court of Common Pleas March Term 1807 opened in court and filed Att. J. Tucker Clerk
