Fay v. Hall

2 Div. NO4059

Autauga Cir. Co.

Filed Nov. 1853

Edwin Fay vs Bolling, Hall

Caption The State of Alabama Autauga County

Circuit Court spring Term 1853 Be it remembered that at a Circuit Court began and held in and for the county of Autauga and State of Alabama on the second Monday after the fourth Monday in March AD one thousand eight hundred ad fifty three and of American Independance the 77 year it being Monday the 11th day of April in said year of 1833 at the usual place of holding court in said county the Honorable Nathan Cook Judge being present presiding were had as follows to wit:

(Reversed and Remanded July 24/54 Gold[?] J.)

Writ Boling Hall vs Edwin Fay

The state of Alabama

To any sheriff of the state of Alabama greeting. You are hereby commanded without delay to take Edwin Fay if to be found in your county and him safely keep so that ou have his body before the Honorable the Judge of the Circuit court at a court to be holden for Autauga County on the second MOnday after the fourth Monday in September in the year of our Lord one Thousand Eight hundred and fifty. Then and there to answer Boling Hall in a plea of tresspass on the case &c to the damage of the said plaintiff of One thousand Dolalrs and have you then and there this writ with your endors ment thereon. WIthness John Fendlayson Clerk of the Circuit Court at Office this 12th day of August in the year of our Lord one thousand and eight hundred and fifty and of American Independance the 75 year. John Fendlayson Clerk

Issued this 12 day of August 1850

Cause of Action

Mr Hall

Sir at Mr Scotts request I have concluded to sand his security for the hire of two boys not exceeding $220, for the year 1847 Dec 31st 1846 Yours Edwin Fay

The above is a copy of the grounds of this action. Other counts for money had and received and common courts will be added NS and MQ Graham

Shff Endorsements

Received in office Augst 15th 1850 John K Terry Shff Executed September 5th 1850 John K Terry Shff by J A Lamb Deputy

Declaration The State of Alabama Autauga County

Circuit Court Fall Term 1850 Boling Hall by Attorney complains of Edwin Fay being in custody and of a plea of trespass on the case For that when as heretofore to wit on the 31st day of December AD 1846 at to wit in the County aforesaid in consideration that the said plaintiff at the special instance and requests of the said Edwin Fay would hire and deliver two boys for the year 1847 to one George G Scott not exceeding the sum of two hundred and twenty dollars he the said Edwin Fay undertood and faithfully promised then and there the said Plaintiff to stand security for the hire of said boys. And the said Boling Hall avers that he confeding [?] in the said promise and undertaking of the said Edwin Fay did afterwards to wit on the 1st day of January AD 1847 at to wit in the County aforesaid hire and deliver unto the said George G Scott two certain boys or negro slaves of great value then and there aged about a agreed upon between the said Boling Hall and said George Scoot which he the said George Scott then and there had occassion for during the year AD 1847 and at and for certain reasonable prices then and there agreed upon by and between the said Boling Hall and the said George G Scott amounting in the whole to a large sum of money, to wit: the sum of Two hundred and twenty dollars and although the hire of said two boys has long since passed, and the prices so agreed upon for their hire has been long since due, yet the said George G Scott hath not (although he was afterwards to wit on the day of at to wit in the county aforesaid requested by the said Boling Hall so to do) as yet paid the said sum of two hundred and twenty Dollars or any part thereof but hath hither to wholly neglected and refused so to do, to wit at the county aforesaid of all which said promises the said Edwin Fay afterwards to wit on the day of afterwards aforesaid then had notice. yet he the said Edwin Fay not regarding his said promise and understanding hath not as yet paid accounted to him the said Boling

Hall or paid to him the said sum of money or any part thereof for the hire of the said two boys or negro slaves (although he the said Edwin Edwin Fay was afterwards to wit on the day of at the County aforesaid was requested so to do) and hath hitherto wholly neglected and refused and still does neglect and refuse do to do and the said sum of two hundred and twenty Dollars still remains wholly due and unpaid to the said Boling Hall at to wit: the County aforesaid.

And whereas also heretofore to wit, on the 31st day of December AD1846 it was agreed by and between the said Bolng Hall and the said Edwin Fay at to wit the county aforesaid that the said Edwin Fay should stand security for the sum of two hundred and twenty dollars to be paid by one George G Scott for the hire of certain slaves for the year AD 1847 in consideration that the said Boling Hall would credit the said George G Scott for the said sum of two hundred and twenty Dollars. And the said Boling Hall avers that confiding in the said undertaking of the said Edwin Fay and at his special instance and request did afterw ards to wit on the 1st day of January AD 1847 did give the credit aforesaid to the said George G Scott an hire them for the year 1847 the said slaves for the said sum of two hundred and twenty Dollars, although the said sum of money has been long since due and the said George G Scott afterwards to wit on the day of at the county aforesaid requested to pay the same yet he has not paid the same or any part thereof byt has hitherto wholly neglected and refused so to do to wit at the county aforesaid: of all of which said promises the said Edwin Fay afterwards to wit on the day of at to wit in the county aforesaid had notice. yet he the said Edwin Fay not regarding his said promise and undertaking hath not as yet accounted to him the said Boling Hall or paid him the said sum of two hundred and twenty Dollars or any part thereof for the hire of said Slaves tho he the said Edwin Fay was afterwards to wit on the day of at to wit the county aforesaid was requested so

4

to do and hath wholly neglected and refused and still neglect and refuses so to do and the sumof two hundred and twenty dollars still remains wholly due and unpaid to the said Boling Hall to wit at the County aforesaid.

3 Demand

And when as also heretofore to wit, on the 31st day of December AD 1846 at to wit in the county aforesaid in consideration that the said Boling Hall would hier two negro boys or slaves unto one George G Scott for the sum of two hundred and twenty Dollars for the year 1847 and notes of the said George G Scott to be drawn then after drawn amounting to the sum of said George G Scott credit on the said notes untill the 1st day of January 1848 he the said Edwin Fay undertook and faithfully promised to secure the payment of said notes at to wit in the county aforesaid and the said Boling Hall avers that he confiding in the said promise and undertaking of the said Edwin Fay did afterwards to wit on the day of AD 1847 hire unto the said George G Scott for the year 1847 two certain negro boys or slavesthe agreed upon by and between the said George G Scontt and the said Boling Hall for the sum of two hundred and twenty Dollars and that he did afterwards, to wit, on the day of AD 1847 receive of the said George G Scott five notes drawn by said George G Scott amounting in the whole to the said sum of two hundred and twenty Dollars with a credit intend the first dayof January next after the date thereof and payable to the said Boling Hall or bearer of all which said promises the said Edwin Fay there and then had notice, yet the said Edwin Fay not regarding his said promises and undertaking hath not as yet paid to him the said Boling Hall the said sum of money or any part thereof (although often requested so to do) and hath hitherto wholly neglected and still does neglect and refuse so to do an the said sum of two hundred and twenty Dollars remains wholly due and unpaid to the said Boling Hall at to wit in the county aforesaid.

5

4 Demand

And whereas also, heretofore to wit on the 31 day of December AD 1846 at to wit in the county aforesaid in consideration that the said Boling Hall would hire two certain negro boy slaves unto George G Scott for the year 1847 for the sum of two hundred and twenty Dollars and credit the said George G Scott for the said sum of mony, he the said Edwin Fay undertood and promised to pay the said sum of two hundred and twenty Dollars at to wit in the County aforesaid, and said Boling Hall avers that he the said Boling Hall confiding in the said promise and undertaking of the said Edwin Fay did afterwards to wit on the day of January AD 1847 hire unto the said George G Scott for the year AD 1847 two certain negro boy slaves for the said sum of two hundred and twenty Dollars and did credit the said George G Scott for the said sum of money all of which said promises the said Edwin Fay had notice.

Yet the said Edwin Fay not regarding said promise and undertaiking hath not as yet paid to him the said Boling Hall the said sum of money or any part thereof (although requested and the said Boling Hall at to wit in the county aforesaid.

5 And whereas also afterwards to wit, in the county aforesaid on the first day of January 1848 the said Defendant Edwin Fay was indebted to the said Plantiff Boling Hall in the sum of two hundred and twenty Dollars for the work and labour care and diligence of the said plaintiff by him the said plantiff before that time done performed and bestowed in and about the busi ness of the said Defendand, and for the said Defendant and at his special instance and request and also in the further sum of two hundred and twenty Dollars for divers goods wares and merchandise by the said plantiff sold and delivered before that time to the said defdt and at his like special instance and request and also the further sum of two hundred and twenty Dollars for money by the said plff before that time lent and advance to and paid laid out and expended for the said Defendant at his like special instance and request.