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for the county of Saint LouisSt Louisin the territory aforesaid his
declaration against JohnJohn Lane LaneJohn Lane and your Orator on said
promisory note of assignee of said MackeyMackey asignee of said
BollyBolly and thereupon a CapiasCapias adrespondendum in an action
of trespass on the case issued against the said LaneLane and your
Orator Commanding the sheriff of said county to have their bodies
before the Circuit CourtCircuit Court for the County of Saint LouisCounty of Saint Louis for the
Northern Circuit to be holden in the Town of Saint LouisSt Louis
in the second monday in April in the year last aforesaid
to which said writ the said sheriff made the following
return Executed on PeterPeter Primm and bail bondtaken
John Law not to be found in this County WilliamWilliam
SullivanDp. Sheriff and afterwards on Wednesday the twelfth day of April in the aforesaid year being the third day of
the said April term of the aforesaid Circuit CourtCircuit Court Cause
your Orator one of the aforesaid defendants by Mathias
McGirkMcGirk his attorney and pleads to the aforesaid Declaration
of the said KendalKendal in said Court and file his demurrer to
the first count of the said Kendal's declaration and assigned
for causes that there was no profit made in said
Count of the promisory note declared on and thereupon
the said KendalKendal by E HempsteadEdward Hempstead his attorney gained
in demurrer and thereupon also at the same time your Orator
by his said attorney to the second count of the said
declaration filed his plea of non assumpsit and thereupon
issue was joined and the cause continued till the next
term of the said Court it being the second monday in
July in the year aforesaid and at the said July Term of the
said Court on the seventeenth day of that monthit
being the seventh day of the said term came the said
KendalKendal by his said attorney and your orator also by his
said attorney and on motion of your orators attorney
to the said Court leave is given to your orator to amend
his plea whereupon your orators said attorney submitted
to the said Court amended pleas and prayed them

to be filed But the said Court were of expression that
the pleas offered are insufficient in law to bar the plaintiff
action and rejected the same one of which pleas offered
to the said Court by your Orators attorneywasinthe
words and figures following to wit and the said
PeterPeter forfurther plea in this behalf says that the
said plaintiff ought to be barred from having his said action
against him because he says that the said BollyBolly useddisrespectful
and fraudulent means to induce the said
PeterPeter to execute said writing with the said JohnJohn Lane LaneJohn Lane
wherein said LaneLane was principle in said meeting for
the payment of the sum of money mentioned in said
writing and the said BolyBolly persuaded said PeterPeter to execute
said writing said LaneLane as security for said
LaneLane the said BolyBolly then and thereatthetime of the
execution of said writingstating to thesaidPrimm
that he said Primm should be discharged for
the payment of the said sumofmoneymentioned
in said writing if said LaneLane didnotdepart
fromthetown of SaintSt Louis LouisSt Louistill the
next day of the date of said writing assuring
the said PeterPeter that suchwas its effect
and operation inlawandsuchto condition
in facts and the said PeterPeter then and
there requiredthe said BolyBolly to read said writing
to himor to lethim the said PeterPeter read
the same and the said BolyBolly persuaded the
said PeterPeter that both wereunnecessaryaffirming
to the said PeterPeter that such was the effect thereof
in law and that the aforesaid were the condition
in fact and the said BolyBolly there and then
telling the said PeterPeter that he said BolyBolly was a
man of honor and wouldnotdeceive the said
PeterPeter thereupon the said PeterPeter placing