The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1864-02-12

sOotBh " SDufIIllH, fSfNn tCtlDHs
James NJ. Champlin, ct al,
Defendants.
THE said Joseph w. Champliu and James NJ.
L. Chomplin, defendants, who are non-resi.
dents Of the State Of Ohio, will take notice that
on the 18th day OF February, A. ID. 1864, the
plaintiff, Erastus Spencer, filed in the Office of
tho Clerk Of said Court, his petition against
them and others. setting forth In substance that
the said plaintiff, with Uri Seeley, Harvey Cram
and Benjamin B, Woodbury., prior to the 25,li
cred 10 said Joseph. w. Champlin their three
several uotes, each for the sum of $4,000, dated
respectively January. Sd, 1857, January l4th,
1887, and February Sd, 1857, which said several
$3.50 money loaned by said Joseph w. TO -said
plaintiff, Cram, Seeley and Woodbury., and
which uotes were payable to said Joseph w.
Champlin or bearer, with interest at ten per cent.
per nnnum until paid, the interest TO be paid
scmi.annually. and oil interest after due TO draw
ten per cent. semi annually ill paid. That
from the amount Of each Of said promiss CRY notos,
at the date thereof, there was reserved and with
held by the said Joseph w Champlin, the sum OF
$3.50, as and Tor and by way OF payment of usuri-
Gus interest on said notes respectively, and to
said amount of $3.50 said promissory notes were
without consideration aud void. That on the
23th day of January, A. D. 1859, the said plain,
tit, Seeley, Cram and Woodbury. took up and
Cancelled said notes. That said notes, on said
day last Aforesaid, with interest as aforesaid,
amounted to the sum Of Sl0,965 70. That, by
reason OF the ntore i'd ~usurious contracts, made
at tho date OF said promissory notes, the con-
tracts therein contained for the payment of in.
ierest became and were absolutely null and
void, and that the amount really and justly due
to said Joseph W., on account Of the money
loaned Tor which SAID notes were given, was only
the sum of s9.5e7 81, and no more. That on
the date last aforesaid, the p%laintiif, with said
Seeley, Gran and Woodbury.. in payment of the
amount claimed due by said Joseph w, on snio
first three promissory noies, TO wit: the sum Of
"a 80 r en - +
1854 go then loaned to them by said Joseph w.
Champlin, executed and delivered TO him their
four several proInissory notes of that date, each
for the sum OF $1,000, payable to snid Joseph w.
ChampIin or bearer on The 25th Gay of January,
1869, with interest at ten per cent. per annum UNI
ill paid, the interest TO be paid semi.annually, and
all interest after due to draw ten per cent. semi
annually till paid. That from the amount OF said
lour promissory notes, at the date thereof, there
was reserved and withheld by suid Joseph W. tho
sum of $500, as and for and by way OF payment
OF usurious interest on said notes, and to said
amount OF $500 said promissory notes were with
out consideration and void. That on the 25th
day OF January, A. ID. 1859. the plaintiff, to Sc
cure the payment of said four promissory notes,
executed and delivered to said Joseph w. Champ
lin u mortgage deed of the following described
premises, situate in Munson in said County, and
known and described as follows. 10 wit: Forty
seven and one-hali acres of land, being the Same
land decided to said Spencer by John Storm and
vile, by. deed bearing date Nov. 9TH, ,lSi5, aud
recorded in Geangn County Records, vol. 80 pages
l3l and 1872, Also fifty acres Of land decided to
snid Spencer Ivy Asher B. Fowler by deed bearing
date the 18th OF February, 1916, ana recorded in
Ais, Two other pieces Of land, one Of 43 27.lO0
ncres, and one OF IA acres, described in n deed TO
said Spencer by Nelson Millet, bearing date Nov.
23d, 1874, and recorded in Geauga County Rec
ords, vol. IS, pages 40 and Al. Also one other
piece or parcel Of and decided by Hilen Garfield,
Administr ator of John Kirby, to said Spencer,
by deed bearing date Nov. 26th, 1876, and re-
corded In Geauga County Records, vol. 80, pages
236 and 237. For a more full description reior.
ence may be had to said deeds. And oil Of said
lots Of land containing one hundred and eighty
five and $4,000 acres Of land Also 25 60 100
acres OF land in the township OF Claridor Geau-
ga County. Ohio, being the same land a,eded 10
said Spencer by John T.. Talbot and vile by deed
bearing date 18th January, 1851. md recorded
in Geauga County Records, vol. 43, pa. 1854 and
365, reference being had to said deed for q NOR,
full description. BE the same more or less, hut
subject to all legal highways. And thereby con-
only to the condition that the plaintiff should pay
said four notes according to the tenor and effect
thereof, Thai, said mortgage deed is duly re-
corded in vol 81, pages 2l3 and pa, OF Geaupa
ing payments have been made on said promissory
notes by tho plaintiff, Cram, 5eeley md Wood
bury, as follows, TO wit. July 25,h, 1859, $500 ;
January 25th, 1860, 5000 ; July 18th, 1860, 5000 !;
January 25th. 1861, 5000; July 25th, 1861, 5000 (;
January 25th, 1862, $500 March llth, 1862,
Ssls3 IS, and one Of said notes was tax en- Up ;
and on the 9th day Of June. 1862, 1916. That
no other payments have been made the reon, lcav-
Ing a large sum due and unpaid thereon, which
said sum was not paid at the time appointed for
that purpose, and is still unpaid. That said
three notes and said mortgage are still outstand-
ing in full force, except as aforesaid ,uncanceled &
undischarged, whereby said estate in said premises
OF said Joseph w .Champlin and his assigns, has
Ia.l. - la-, - 4. a. IL,
and equities OF the said %plairtiff to redeem the
same. That, by reason OF the failure OF consid-
%erations aforesaid, and by reason OF the nfore-
said usurious amounts incorporated into said four
promissory notes, and by reason Of the afore.
said usurious contracts made ut the date ct enid
tour promissory notes, the contracts therein con-
tanned Tor the payment of the interest, and said
other amounts aforesaid, became and were alb
solulely null and void and that the amount OF the
balance really and justly due on said four prom.
issory notes, on the l7lh day OF December, 1862,
10 the said Joseph w. or the said james M.
Champin, on account of the money actually
loaned, for which said notes we've given was
only the sum Of s52i6 81, and no more That
oil of said business and transactions between
the parties were with the said James M. Champ
lin, who acted us the ngent Of said Joseph W..
but since, and on The date last aforesaid, sal id
James NJ. claimed to be the owner Of said out
standing notes, aud that said notes and mortgage
are now the property and are in the possession
of said James M Champ!in-, That since the ma
tnrity of said notes, the plaintiff, Cram and
Woodbury. have n, oil times been ready to pay
the same. That on the l7th day OF December
1863, at the city Of Detroit in the State of Mich
igan, the plaintiff then and there rendered aud Of
tered to said James Nj. the sum Of S9S6S so in
legal tender, good and lawful money of the Uni
ted States, in payment and discharge Of said
three notes and mortgage but he then and
there refused to receive said sum or any par.
thereof, and refused to cancel said notes and
mortgage, and deliver the same TO plaintiff, and
that ever since the plaintiff,Cram and Woodbury.
Justly due on said outstanding notes, and tls
Court to abide the order thereof, as to tho
amount so as aforesaid due thereon, and no iur
thor amount. That said notes were drawn Tor u
greater rate and amount OF interest than 10 al
lowed by law that the contracts therein con-
tanned for the payment OF interes. are null and
void and the the only rate which the owner of
said notes is entitled to is six per cent. por annum
upen The money loaned, from the date OF the adj
vancement respectively, and no more. The OBJ
ject and prayer OF which petition is in substance,
as follows That said four promissory notes,
and the said contracts and transactions con-
corning the same, be declared illegal ~usurious
and void TO The extent hereinbefore set forth
That an account DO taken of the amount really
and Justly due on said three outstanding notes TO
18th December, 1862, after deducting said illegal,
unjust and ~usurious amounts aforesaid, and all
payments made on each and all OF said four prom
issory notes. That the Court will order the
amount so found due to be held by the Clerk ol
this Court for the use and benefit of the said