Living in the Past: James M. Lankford and partner must pay for transport of horses

This is another court case I found in the Family Search unindexed images. Once again, my 3rd great grandfather James Meriweather Lankford finds himself in court for failure to pay his debts. This one was interesting because it was related to the transport of horses across state lines. He was apparently arrested and, in the end, had to pay up.

March Term 1868
Georgia Rail Road & Banking Company vs. Jones & Lankford: Assumpsits.
State of Georgia, Greene County. To the Honorable Superior Court of said County. The Petition of the Georgia Rail Road and Banking Company showeth unto said Court that James M. Lankford and William Jones both of said County, co-partners and horse drovers doing business under the firm name and style of Jones & Lankford have damaged your Petitioners in the sum of one thousand dollars. For that whereas heretofore to wit, on the second day of June in the year of our Lord eighteen hundred and sixty the said William H. Jones and the said James M. Lankford co-partners as aforesaid arrived in the City of Atlanta, Georgia on board the cars of the Western & Atlantic Rail Road with three car loads of horses which said three car loads of horses had been shipped by Rail Road to the City of Atlanta in the State of Georgia. And your petitioners alledge that the amount of expenses due for the transportation and shipment of said three car loads of horses to the City of Atlanta in the State of Georgia is five hundred and six dollars. And your petitioners alledge that the said defendants immediately on their arrival and the arrival of the three car loads of horses in the City of Atlanta in the State of Georgia on the day and year aforesaid requested your petitions agent of transportation at the depot of your petitioners in the said City of Atlanta to ship for them the said defendants to Greensboro, Georgia on the Georgia Rail Road the same three car loads of horses which had been delivered in the said City of Atlanta by the Western & Atlantic Rail Road. And your petitioners alledge that they through their said agent in the City of Atlanta declined and refused to ship said three car loads of horses on the Georgia Railroad to Greensboro Georgia unless the said defendants would pay to them the expenses of transportation or shipment due on said three car loads of horses at the said City of Atlanta which expenses of transportation or shipment to the said City of Atlanta your petitioners alledge amount to the aforesaid sum of five hundred and six dollars. Whereupon the said defendants promised and agreed with the said agent of your petitioners at said City of Atlanta that if he would ship or transport the said three car loads of horses from the said City of Atlanta to the Greensboro Depot on the Georgia Rail Road, that they the said defendants would just as soon as the said three car loads of horses were delivered to them at the Greensboro Depot pay to the agent of your petitioners at the said Greensboro Depot the whole amount of expenses of transportation or shipment due on said three car loads of horses to wit, the expenses of transportation or shipment due on said three car loads of horses at the said City of Atlanta, to wit, the sum of five hundred and six dollars and the expenses of transportation or shipment that would be due on said three car loads of horses from the said City of Atlanta to the said Greensboro Depot, to wit, the sum of seventy five dollars making in all the sum of five hundred and eighty one dollars. And your petitioner avers that they would not have received three car loads of horses at the said City of Atlanta nor would they have shipped the same to their Rail Road to the said Greensboro Depot had it not been for the earnest solicitations of defendants and the frequent and repeated promises made by defendants to the agent for your petitioners at said City of Atlanta to wit, that they the said defendants would pay to the agent of your petitioners at the Greensboro Depot, the whole amount of expenses due for the transportation or shipment of said three car loads of horses, just as soon as the said three car loads of horses were delivered to said defendants at the said Greensboro Depot. And in consideration that your petitioners through their agent of said City of Atlanta at the special instance and request of the said defendants would receive and ship to the said Greensboro Depot the aid three car loads of horses they the said defendants undertook, and then and there faithfully promised to pay your petitioners the aforesaid sum of five hundred and eighty-one dollars. And your petitioners alledge that they delivered the said three car loads of horses at the said Greensboro Depot at the hour of one o’clock AM on the third day of June in the year aforesaid and your petitioners alledge that just as soon as the said three car loads of horses reached said Greensboro Depot, the agent of your petitioners at said last mentioned depot at the earnest request solicitations and at the special instance and request of the said defendants delivered to said defendants the said three car loads of horses upon the promise on the part of the said defendants, that they the said defendants would pay to the agent of your petitioners at the said Greensboro Depot upon the day and year last aforesaid the whole amount of expenses due for the transportation or shipment of said three car loads of horses to wit, the aforesaid sum of five hundred and eighty-one dollars. And your petitioners alledge that they through their conductor on the day and year last aforesaid delivered to the said defendants the original freight list upon the promise on the part of the said defendants, that they the said defendants would deliver the said original freight list to the agent of your petitioners at the Greensboro Depot, on the day and year last aforesaid. Yet the said defendants not regarding their several promises and undertakings but craftily and subtly intending to deceive and defraud your petitioners have not paid your petitioners said sum or sums of money nor any part thereof, nor have they according to the promise delivered said original freight list to the agent of your petitioners at the said sum or sums of money to pay have hitherto refused and still do refuse to the damage of your petitioners in the sum of one thousand dollars. Wherefore your petitioners pray that process may issue requiring the said William H. Jones, and the same James M. Lankford co-partners as aforesaid to be and appear at the next Superior Court, to be held in and for said County then and there to answer your petitioners complaint in action of assumpsit.

Philip B. Robinson, Atty. At Law for Georgia Rail Road & Bkg. Co.

And for that whereas heretofore, to wit, on the second day of June in the year eighteen hundred and sixty your petitioners paid, laid out and expended and paid to the Western & Atlantic Rail Road for the use and benefit of the said defendants and at the special instance and request of the said defendants the sum of five hundred and six dollars in payment of the expenses of transportation on the car loads of horses from Nashville, Tennessee to Atlanta, Georgia; and your petitioners alledge that they paid said sum of money, to wit, five hundred and six dollars to the Western & Atlantic Road for the use and benefit of said defendants at their special instance and request and upon the express promise on the part of the said defendants that they the said defendants would pay your petitioners said sum of money when they should be thereunto afterwards requested. And your petitioners alledge that the said defendants are indebted to them in the sum of five hundred and eighty-one dollars besides interest, to wit, the sum of five hundred and six dollars paid by our petitioners to the Western & Atlantic Rail Road for the use and benefit of the said defendant, and the sum of seventy-five dollars for transporting three car loads of horses from Atlanta to Greensboro on the Georgia Rail Road on the day and year first aforesaid all of which will more fully appear by reference to a Bill of Particulars hereto attached and made a part of this Declaration.

Yet the said defendants although so indebted and to pay your petitioners said sums of money after thereto requested have not paid the same nor any part thereof, but the same to pay have hitherto refused and still do refuse to the damage of your petitioners in the sum of money first aforesaid.

Philip B. Robinson, Atty. At Law for the Georgia Rail Road & Bkg. Company

Bill of Particulars
Jones & Lankford
1860 June 2nd
To Georgia Rail Road & Bkg. Company.

To cash paid for the use and benefit of Jones & Lankford to the Western & Atlantic Rail Road for expenses of transportation on three car loads of horses from Nashville, Tennessee to Atlanta, Georgia - $506.00

To expenses of transportation on three car loads of horses from Atlanta, Georgia to Greensboro, Georgia - $75.00

Total $581.00

State of Georgia, Greene County. Before me the undersigned personally came Philip B. Robinson, Attorney at Law for the Georgia Rail Road and Banking Company who on oath says that he claims to be due the Georgia Rail Road and Banking Company from William H. Jones and James M. Lankford both of said county co-partners doing business under the firm name and style of Jones & Lankford, the amount of five hundred and eighty-one dollars and that he has reason to apprehend the loss of said sum or some part thereof if the said James M. Lankford and William H. Jones are not held to Bail.

Sworn to and subscribed before me this August 21st, 1860.
W. G. Johnson, J.I.C.
Philip B. Robinson, Atty. At Law for the Georgia Rail Road & Bkg. Company

Georgia … To the Sheriff of Greene County … Greeting
Georgia Rail Road & Banking Company vs. Jones & Lankford
The defendants are hereby required personally or by attorney to appear at the Superior Court to be held in and for the County of Greene on the second Monday in September next, then and there to answer the plaintiffs demand in an action of an Assumpsit as in default thereof the said Court will proceed as to justice shall appertain.

Witness the Honorable Iverson L. Harris, Judge of said Court this 21st day of August 1860.
Isaac R. Hall, Clerk

Served William H. Jones with a copy of the within writ leaving it at the most notorious place of doing business of said Jones & Lankford August 27, 1860.
C. C. Norton, Shff.

Arrested and personally served James M. Lankford on this writ and he gave bond for his appearance at Court. August 22nd, 1860.
C. C. Norton, Shff.

And now at this term of the Court comes the defendants by their attorney’s A. H. Stephens, Geo. O. Dawson, & A. Reese & for plea & answer say they never assumed promised in manner & form as set forth in plaintiffs declaration and of this they put themselves upon the County H.

And for further plea in this behalf these defendants say the consideration for said promising and undertaking alledged in plaintiffs declaration has entirely failed in this that plaintiffs undertook and promised to deliver all of said horses to these defendants in Greensboro, without delay and uninjured when in truth and in fact there never have delivered one said horses to writ, a certain bay mare worth the sum of three hundred dollars & delivered two others bruised up & damaged to the sum of two hundred and kept the same on their said road principally and in violation of the contract, without feed or drink for the space of twenty-seven hours to the injury of the said defendants the sum of two hundred dollars & of this they put themselves upon the County H.

And for further plea these defendants say said plaintiffs are not entitled to recover of these defendants for services rendered by any other Rail Road company in carrying said horses except & for such services as may have by themselves & of this he puts himself upon the County H.

And for further plea these defendants say that said plaintiffs at the time of filing said writ were indebted to them in the sum of eight hundred dollars upon account (a Bill of Particulars is hereto attached & made a part thereof) which said account they plead as an offset to the claim set up in plaintiffs declaration, and of this they put themselves upon the County H.

And for further plea in this behalf these defendants say the consideration for said promise & undertaking is said declaration mentioned has partially failed in this that said plaintiffs have never delivered one of said horses or taken to be transported from Nashville to Greensboro to wit, a certain bay mare worth the sum of three hundred dollars and in this that the other horses to be transported by plaintiffs from Nashville to Greensboro were bruised up and crippled in the transportation to the amount of two hundred dollars depreciation in value, and in this that the said 3 car loads of horses were delayed on the road was necessarily 27 hours by reason of which said defendants were put to great truth & expense & damage to wit the sum of fifty dollars & of this they put themselves upon the County H.

A. H. Stephens, Geo. O. Dawson, A. Reese, Dfts. Atty.

The Georgia Rail Road & Banking Company
1860
To Jones & Lankford
June 3.
To value of mare killed by them in transporting same from Nashville to Greensboro - $300.00

To damage done to 3 car loads of horses transported from Nashville to Greensboro by skinning up, bruising & crippling up same - $300.00

To damage done by defendants in delaying the delivery of 3 car loads of horses 27 hours in transporting said horses from Nashville to Greensboro without food & drink - $200.00

Total $800.00

Georgia, Greene County. Know all men by these presents, that we James M. Lankford & R. S. Williams security, are held and firmly bound unto the Georgia Rail Road & Banking Company, in the sum of eleven hundred & sixty-two dollars for the true payment of which we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by thee presents: sealed with our seals and dated this 22nd day of August eighteen hundred and sixty.

The condition of the above obligation is such that whereof, a civil process, requiring bail, at the suit of Georgia Rail Road & Banking Company, against said James M. Lankford one of the firm of Jones & Lankford in an action of Assumpsit returnable to the Superior Court for said County on the second Monday in September next, hath been served upon the said James M. Lankford now, if the said James M. Lankford in case he is cast in the said suit, shall will and truly pay and satisfy the condemnation of the Court, or render his body to prison in execution of the same in terms of the law, in such case made and provided and upon failure thereof the said R. S. Williams will wait for him, then the above obligation to be void; else to remain in full force.

James M. Lankford, R. S. Williams
Tested and approved by W. A. Colclough, J.P.

Georgia Rail Road & Banking Co. vs. Jones & Lankford
Assempsit in Greene Superior Courts
The above case being sounded upon the Common Law Docket by consent of Counsel it is agreed that the same be transferred to the Appeal Docket.

George O. Dawson, Defs. Atty., Philip B. Robinson, Defs. Atty., March Term 1861.

Georgia Rail Road & Bkg. Company vs. Jones & Lankford
Assumpsit in Greene Superior Court on Appeal.
It appearing to the Court that Richard S. Williams is and was at the time of the commencement of the above stated suit, a partner and member of the firm of Jones & Lankford, which partnership is composed of William H. Jones, James M. Lankford, & Richard S. Williams doing business under the firm name and stlye of Jones and Lankford, and notice of this motion having been given to the said Richard S. Williams.

It is therefore ordered that the said Richard S. Williams be and he is hereby made a party defendant in the above stated case.
March Term 1863.

Georgia Rail Road & Bkg. Company vs. Jones & Lankford & Richard S. Williams made a Party Dept. at March Term 1863.

The death of deft. Richard S. Williams being suggested, it is ordered that the same be entered upon the Record.
This September Term 1863.
Georgia R. Road & Bkg. Co. vs. Jones & Lankford & Richard S. Williams

The death of Richard S. Williams one of the defendants in the above stated case having been suggested and Scire facias having been duly and legally served upon Joseph M. Williams, Escts. of Richard S. Williams, within the time prescribed by law, it is ordered that Joseph M. Williams be, and is hereby made party defendant, in the above stated case.

This March Term 1868. Greene Superior Court.
P. B. & T. W. Robinson, Plff. Attys.

We the jury find for the plaintiff five hundred eighty-one dollars, principal, and three hundred fifteen dollars & 18/100 interest, also costs of suit.
James B. Hart, Foreman

Whereupon it is considered and adjudged by the Court that the plaintiffs do recover against the defendants James M. Lankford, William H. Jones and Joseph M. Williams, executor of Richard S. Williams the sum of five hundred and eighty-one dollars for their principle debt the sum of three hundred and fifteen dollars and eighteen cents for their interest and the sum of dollars for their costs of suit, on this behalf laid out and expended.

Judgement signed this March 13, 1868.
Philip B. Robinson, Plfs. Atty.
Recorded this 30th day of March 1868.
Isaac R. Hall, Clerk