Ms. Karen; After reading these materials several times, I believe that this
was a ordinary business transaction where Mitchell performed services or
gave supplies to John Berry; no way to know what, but the amount today would
be $5,000 - $6,000 - a lot of money. Remember, there were no commercial
banks as we know those today, and the records reveal very few "loans" except
within families.
In all likelihood it was not farm equipment, horses, mules, household
supplies or such as apparel - the sum is simply too high. Still though it
might have been for the totality of supplies needed to build a house and
furnish it. Then too, it might have been for slaves sold by Mitchell to
Berry. After whichever of those (or still some other merchandise), we know
that Berry fell upon hard times through what cause we do not know, could not
pay the whole of the debt, though he did make substantial installment
payments as noted on the reverse of the bond, and then died. Mitchell
wanted his money, demanded it of Pendleton - the co-signer on the bond.
For whatever reason, probably because he too fell upon hard times, Pendleton
could not pay the debt. I very much suspect that there was some other
relationship or acquaintanceship of the merchant and Pendleton, however for
whatever reason the merchant chose to sue the estate for the balance due,
less a credit for the prior installment payments.
When the merchant chose to file that law suit, he was required to sue
through the executors and also would have named any relatives who might have
inherited assets that should have been applied to this debt before the case
was settled.
Short of further findings in the records - especially from the courts'
orders - and research as to the nature of the business of merchant, I
believe that I am unable to infer more. Interesting problem.
Good luck.
WWW.DrakesBooks.com
-----Original Message-----
From: Karen [mailto:[log in to unmask]]
Sent: Thursday, July 05, 2007 7:01 AM
To: 'Paul Drake'
Subject: RE: [VA-ROOTS] John Berry Sr. 1771 Culpeper, VA
Mr. Drake: The bond was signed by John Berry and Capt. James Pendleton to a
Merchant, Mr. John Mitchell in 1771, in May of 1775 a payment was made, and
in 1791 the estate was sued for the balance.
Karen
-----Original Message-----
From: Paul Drake [mailto:[log in to unmask]]
Sent: Wednesday, July 04, 2007 11:26 PM
To: 'Karen Lewander'
Subject: RE: [VA-ROOTS] John Berry Sr. 1771 Culpeper, VA
It would be easier to help if you would put these events in chronological
order.
-----Original Message-----
From: Research and writing about Virginia genealogy and family history.
[mailto:[log in to unmask]] On Behalf Of Karen Lewander
Sent: Wednesday, July 04, 2007 4:07 PM
To: [log in to unmask]
Subject: [VA-ROOTS] John Berry Sr. 1771 Culpeper, VA
I received some court paperwork I sent away for and I need a little
assistance with it. I have a few questions.
First it is a suit against the heirs of John Berry's Estate, Aaron and
Malachy, the executors, and also John's sons. This is a bond for 120 pounds
ten schillings for James Pendelton and John Berry Sen to John Mitchell
Merchant, Mitchell v. Berry Executors.
John Berry and James Pendleton signed the bond in 1771. On the back of the
document it states "Bond of John Berry and Capt. James Pendleton. On the
back it also gives an accounting on May 25, 1775 for the amounts 60.5.0,
10.5.10=70.10.10, 10.0.3=60.10.7 Received by James "can't make out last
name", it also states "Berry dead".
The complaint from Mr. Mitchell states some of the following;
In Culpeper, March 18, 1771, John Berry Sen obliged himself to be held and
firmly bound to the said John Mitchell in the said L120.10 to be paid on
demand.
From this information I have given can anyone tell me if this was a loan,
servitude, or something else?
Any help would be appreciated.
Karen
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