(3)

their confederatesdeclaring and asserting to your orator that
he your orator would never be injured by being security in
that behalf for the said LaneLane and also most positively assuring your orator that he said LaneLane was man of honor and
would not let any man who would befriend him suffer
whereupon the said BollyBolly presented to your orator an instrument
in writing written on paper the said Bolly LaneBolly Lane and others
their confederates then pretensing to your orator that the same was
an instrument in writing commonly called a promissory note and
also pretending to your orator that the same contained a condition therein that if the said LaneLane remained in the Town
of Saint LouisSt Louis until the next day after that then present day then
your orator was discharged from the effect of the said obligation
or note Whereupon your orator requested the said BollyBolly to read the
said within instrument to him your orator or to let your orator read
the same but the said BollyBolly said he was a man of honor and
would not deceive your orator and thereupon again assured your
orator that the before mentioned was the condition of the pretended obligation or note and that such was its effect in law
Whereupon youroratorrelying on the truth of what the said

BollyBolly asserted to him and believing that such was the
condition and that the foregoing as asserted by said BollyBolly was the
effect by law contained in said instrument or pretended promisory note thereupon together with the said LaneLane and as security for said Land that he would not depart from the town
of Saint LouisSt Louis til the next day your oratordid sign and execute the said instrument of writing then and there presented
to him by said BollyBolly and pretended by the said BollyBolly to be
in effect nothing in more than security for the remaining of the
said LaneLane in the said Town of Saint LouisSt Louis till the next day without reading or having the same read to your orator for the reasons aforesaid and your orator says that on the next day after the execution of said instrument on promisory note
for the security of the said LaneLane as aforesaid as your oratorthat your
orator discovered on seeing a note with his name signed thereto
and also the name of the said LaneLane being first signed thereto and your orator being told and informed by several person of voracity
as your orator that and believed that your orator had been

(4)

entirely deceived by the false suggestions and the suspicions
of truth made to your orator by the said Bolly LaneBolly Lane and
others their confederates and that your orator had instead of having
entered into an obligation or note to be read if saidLaneLane did not
leave the Town of SaintSt Louis LouisSt Louis till the next day after the date
thereof and that on that event your orator was discharged bylaw
from the effect of said note he your oratorhadbeing
to his said State of intoxication signed together with the said LaneLane
an absolute instrument or promissory note for the payment
of two hundred dollars to the following effect and purport
Twelve months after date we or either of us do promise to pay
John BollyJohn Bolly a order the sum of two hundred dollars in money
good and lawful of the United StatesUnited States for valuereceived of him
this 23rd day of March1811John LaneJohn Lane PeterPeter Primm
WilliamWilliam FugateAdamBrown

and your orator further shows that on or about the
first day of April in the year one thousand eight hundred and twelve the said John BollyJohn Bolly by his certain
assignment on the back of said notes assigned the same
note to the aforesaid JamesJames Mackey MackeyJames Mackey which said assignment
is to the following effect to witI assign the within note
to JamesJames Mackey MackeyJames Mackey forvaluereceivedby the assignment
being without recourseon me John BollyJohn Bolly and your
orator says the said JamesJames Mackey MackeyJames Mackey took the said assignment
of said note wellknowing of the manner ofobtaining the
said note and afterwardsabout the first day of April in
the year last aforesaid the said JamesJames Mackey MackeyJames Mackey assigned the
said note to the said JeduthanJeduthan Kendal KendalJeduthan Kendal byan
endorsement on the back of said note to the following -
effect I assign this note to JeduthanJeduthan Kendal KendalJeduthan Kendal on condition
that the said KendalKendal nor any other whatever
shall ever have any recourse on me or mine within
law or equity J Mackeyand your oratorshows that
afterwards in the year one thousand eight hundred and
fifteen on or about the twentyfifth day of March the
said JeduthanJeduthan Kendal KendalJeduthan Kendal by Edward HempsteadEdward Hempstead his attorney
filed in the office of the clerk of the circuit court