1789 New Haven, CT Legal Summons, Samuel Franklin v. Joseph Munson Debt Relief

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1789 New Haven, CT Legal Summons, Samuel Franklin v. Joseph Munson Debt Relief:
$1750.00

1789 New Haven, CT Lawsuit Summons – Samuel Franklin v. Joseph Munson | Signed by Local Officials | Colonial Legal History

This rare and original 18th-century legal document dates to November 3, 1789, and was issued by the State of Connecticut in New Haven County. It offers a compelling glimpse into early American justice and interstate debt collection in the post-Revolutionary period.

The case involves a significant unpaid debt of £236.16.1, with repayment promised in New York silver at 8 shillings per ounce, plus annual interest. It includes the official writ, the constable’s return of service, and a detailed ledger of legal fees. The document is entirely handwritten and signed by local authorities.

🔍 Case Summary:

Plaintiff:
Samuel Franklin – A New York merchant and brother of Walter Franklin, builder of the Samuel Osgood House, which served as George Washington’s first Presidential Mansion in 1789. Samuel Franklin was a businessman and part of New York’s early commercial elite.

Defendant:
Joseph Munson (1728–1793) – A New Haven merchant and member of a prominent Connecticut family. Born to Israel Munson and Elizabeth Bishop, he married Sarah Trowbridge and was also involved in a 1767 case with Benedict Arnold (as an appointed auditor). His failure to repay a business debt resulted in this formal court summons.

Constable:
John Morris (potentially John R. Morris) – Served this writ on November 5, 1789. He is likely the same John Morris who was confirmed as a constable of New Haven in 1777, with records listing him in service during April and September of that year. While little else is known about his life, he played a key civic role in executing legal duties.

Justices of the Peace Who Issued the Writ:

Thomas Bishop
Samuel Bishop (1723–1803) – Mayor of New Haven, probate judge, and Collector of Customs under President Jefferson.
Richard Seavers – A local justice regularly involved in legal affairs during the late 18th century.

Presiding Justice at Judgment:

Simeon Bristol (1739–1805) – A Justice of the Peace in Hamden, New Haven County, active during and after the Revolution.

📜 Document Details:

Date of Writ: November 3, 1789
Location: New Haven, Connecticut
Debt Amount: £236.16.1 (plus £40 in damages)
Currency: New York silver standard
Fully handwritten in iron gall ink on laid paper
Includes: Writ, official return of service, cost ledger, judgment, and execution
Execution Date Noted: March 25, 1790 – "New York, NY"

📄 Full Transcription of Document

(Some words were difficult to read due to 18th-century handwriting, but we have transcribed it to the best of our ability.)

Front (Writ of Summons):

To the Sheriff of the County of New Haven or his Deputy, or either of the Constables of the Town of New Haven within said County, Greeting.

By Authority of the State of Connecticut, you are hereby commanded to summon Joseph Munson of said New Haven

to appear before NHCounty Court, to be Esq., Justice of the Peace,

at New Haven within and for the County of New Haven on the 14th Tuesday of November next at 2 o’clock in the noon, then and there to answer unto

Samuel Franklin of the City, County, and State of New York

In a Plea of the Case, whereupon the Plaintiff declares and says, that the Defendant in and by a certain Writing or Note, under his Hand by him well executed, dated the 18th Day of September Anno Domini 1786, promised the Plaintiff

to pay to him (for value received) the Sum of £236.16.1 current money of New York in good silver at the rate of eight shillings per ounce at his store in New Haven on demand with interest annually until paid,

as by the said Writing or Note, ready in Court to be shewn, appears:

Now the Plaintiff further says, that the Defendant, his Promise aforesaid not regarding, hath never performed the same, though often requested and demanded,

which is to the Damage of the Plaintiff the Sum of £40.0.0 lawful Money.

And for the Recovery thereof, with just Costs, the Plaintiff brings this Suit.

Hereof fail not, and of this Writ, with your Doings thereon, make due Return according to Law.

Dated at New Haven, the 3rd Day of November Anno Domini 1789.

Wth. Thos. Bishop, Justice of the Peace

Test: Saml. Bishop, Richd. Seavers, Justices of the Peace

Reverse (Constable’s Return & Judgment):

New Haven, Nov. 5th, 1789
Then I read this writ in the Defendant’s hearing.

Servt. John Morris, Constbl.
Fees: 1/1

Itemized Legal Charges & Court Entry:

Samuel Franklin
vs
Joseph Munson

Writ – 2.0
Travel & Duty – 4.10
Levy – 6.0
Travel – 19.6
Attendance – 1.0
Officer – 8.0
2 Attachments – 2.10
Warrant – 6.0
Fee – 4.6
Attendance – 4.6
Travel – 2.9

Judged in Court by S. Bristol, Justice of Peace
Debt £236.16.1
New York, NY
March 25th, 1790

🖋️ Condition:

Very good for its age. Strong legibility, mild age-toning, and light handling wear. Edges intact with minimal fraying. A fine and complete example of early American court proceedings.

📎 Includes: