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February 29, 1820

Case of James Robertson


Dear Nephew,

In the cause of James Robertson vs. your father - Peter, Loulden + Vern [Leutroud?]-I want some papers to enable me to put in a plea which must be done in a few days.

He seeks to recover on two grounds - one a note in the following words -

$249.75 - Twelve months after date for value received we promise to pay to the order of James Robertson at the Manhattan Branch in Utica two hundred and fifty nine dollars and seventy five cents.
New York Sept 18, 1817
Loulden Smith + Co

Last September Peter + Loulden confused a judgment in favor of Mr. Robertson on a note of the same date and amount, but the note described in the record of the judgment is alleged to have been made by "Loulden + Smith" instead of "Loulden Smith +Co". I have no doubt the note on which judgment was ordered is the same on which the plaintiff was declared, and that the variance between the names of the makers has been accidental.

The other demand is for $1983.80 for goods sold on the 11 day of July 1818. For these goods Loulden + Smith gave a note on which they confused a judgment last September - but how is this to be proved? Beckman, Peter or Loulden must have a bill of the goods and a receipt for the note. That bill and receipt must be immediately found and forwarded to me. If it cannot be found we must file a will in Chancery against Robertson for a discovery. Do attend to this without delay and let me hear from you.

I am Dear Nephew
Yours Sincerely
Daniel Cady

Mr Gerrit Smith
PS Where is Lasher, what must be done with him?

February 19, 1820

Foreclose Glass house


My Dear Sir,

Your father supposed it might be necessary to foreclose the mortgage against the Glass house in Chancery, but as there is not other incumbrance on the property, it will be less expensive and equally advantageous to foreclose by advertisement and sale. You will have the above [purchased] and a copy put up on the outer door of your Courthouse. The person who puts up the copy must make affidavit of the fact. Although I have very little interest in the half [million] contracts, yet I should like to hear from you after and learn whether you are in the full tide of successful experiment and feel no apprehensions that you may find difficulty in meeting all your engagements. The convulsions of the old world, which for the last thirty years have very much influenced all pecuniary concerns in this country, have left us unable to calculate with much certainty as to the future. I cannot believe that lands will for many years to come, command the price they did seven years since. All the capital in the country appears to be pledged, and a new and increased capital must be created by industry before lands will be much sought after.

Your father feels anxious respecting your health. He thinks you are not sufficiently inclined to drive about, either to preserve your health or estate. I hope he misjudges. I understand that Peter has obtained an exemption from imprisonment. Is there no way in which his activity can be rendered useful?

I am My Dear Sir
Yours Respectfully
Daniel Cady

Mr Gerrit Smith

Johnstown 29th Feb 1820

February 01, 1820

1 Feb 1820

My Dear Friend,

Many of our best plans originate in accident and for their completion or defeat depend on circumstances [beyond]. After I last wrote to you I was much troubled [have] to avoid disappointing you - and yet free from my duty and engagements to others. I could not well imagine how I would serve you at Peterboro, unless it was by completing the arrangement of [cart?] fall - but I did not know that my ten days delay I might possibly interrupt an arrangement of a more tender nature than the execution of a mortgage or the sale of a farm - and now could I forgive myself or hope to be forgiven if the Lady without Peers was in any way concerned in making the 7th the necessary starting time. It was too much for me to hazard and therefore while in church on Sunday I made up my mind that on Monday I would start for Peterboro - with a view of so far “deranging your arrangement” as to return in time that I might be in Albany on Saturday, believing that there would be less danger in accelerating than in retarding your movements to the south]. But on Sunday evening yesterday and to today the snow has been driven into such heaps that I can admonish to make no more plans of a temporal nature while in Church nor to leave home until I hear how the roads are abroad. Here they are not too impassible and still growing worse - but while we have strong winds from the northwest you may be enjoying a perfect calm. I hope if the weather be with you, as it is with us, you are not ready to repeat what you once said "That gloomy [unpathetic] lands + [tempests] were congenial to good feelings."

As I cannot be with you on [Friday] - I shall not know when I set out unless I hear from you - you may leave Peterboro on the 7th and should I then be on the road we may pass each other. If I hear from you between this and Monday and learn that you will be at Peterboro next week I shall if the roads become better be with you on Wednesday.

I am My Dear Friend
Yours Sincerely
D Cady

Hon Peter Smith
Johnstown 1 Feb 1820