Samuel B. Smith vs. John Connelly and James Feron
View original image: Page  139
[missing figure]

To the Honorable Superior CourtSuperior Court of the Territory of MissouriMissouri
Sitting as a court of Equity for the northern Circuit at St LouisSt Louis

HumblyHumbly complaining unto your Honors, shew your orators John
Connelly and James FernonJames Fernon , of the Town of St LouisSt Louis in the Territory of MissouriMissouri- That on or
about the ninetheenth day of August anno domini One Thousand Eight hundred & sixteen, a
certain discourse was had and moved by and between your said orators and a certain
Samuel B. SmithSamuel B Smith of the said Town of St LouisSt Louis, of and concerning an expedition up the river Miss

ssippi and its tributary waters. to be by your said Orators and the said Samuel B.Smith
thereafter made in partnership for the purpose of trading with the Indians in bartering
goods wares and merchandize for the furs, peltries and other produce of their country, and
that it was finally agreed at or about the date aforesaid by and between your Orators and
said Samuel B. SmithSamuel B Smith , that each of the said partners should contribute respectively their
equal proportion towards the outfit and purchases necessary for the said expedition to be
an equal share, in the expences and losses necessary and incident thereto and to divide
equally amongst them the said partners whatever profits should accrue to the said partnership,
or be made by said trading voyage; and your Orators further state that on said nineteenth day of August in the year asforesaid, your orators in the said Town of St LouisSt Louis together with the
said Samuel B. SmithSamuel B Smith , did sign and execute an article of agreement, reciting that the said
several partners had contributed in equal sums towards the said voyage up the MississippiMississippi,
for the purpose of trading for furs and in which said agreement it is stiputlated that
at the termination of said expedition and after the sale of the proceeds of such trade the nett
proceeds thereof as well of the profits as of all losses were to be fairly and equally divided between
the said partners, a copy of which article of agreement is herewith filed marked exhibit No 1
and which your orators pray may be taken as part of their bill of complaint- Yours Orators
further state that the sum of two hundred and twenty three dollars and ten cents, the said
Samuel B. SmithSamuel B Smith executed his promissory note for to your Orators payable

It being executed for so much as said SmithSmith had failed to contribute of his equal
proportion of the outfit as by the agreement he was to do, a copy of which said note is herewith filed
marked ExhibitNo 2 bearing date Twentieth August in year aforesaid and which your
Orators pray may be taken as a part of this their bill of complaint.- Your Orators further state
that the amount of the equipment and goods actually furnished by all the partners of said company
a boat and provisions inclusive amounted to the sum of five thousand three hundred and
thirty six dollars and forty seven cents, exclusive of said sum of two hundred & twenty three
dollars and ten cents for which the said Samuel B. SmithSamuel B Smith had executed his promissory note aforesaid
to indemnify your Orators for the amount they had furnished over and above their relative
proportion a copy of the invoice of which goods is herewith filed marked Exhibit C which your
Orators pray may be taken as a part of this their file of complaint; Your Orators state that a license

View original image: Page  140
[missing figure]
was obtained from the proper authorities by said company, permitting them to trade on
the MississippiMississippi and tributary waters.- and that James FernonJames Fernon one year Orators, having with
the permission of your Orator John Connelly and said SmithSmith declined acccompanying
said expedition in person did with the consent of said SmithSmith and your Orator Connelly,
hire a certain John Manson to accompany the expedition in the place of your Orator
Fernon and as his agent to assist in transacting the business of said company the terms
of which hiring were well known to said SmithSmith and were, that the said Manson
was to have one half of the profits accruing to said FernonFernon as a partner from said expedition
Your Orator state that having embarked on said expedition your Orator Connelly and
the said SmithSmith and Manson, together with the necessary Interpreters, Clerks and hands
arrived and were at the Mouth Rock River near which with the consent and by agreement
with said SmithSmith and Manson there then made and had, your Orator Connelly disembar-
ked with one of the Interpreters, and the one third past of the companies goods as aforesaid
purchased, and commenced trading with the Indians and that the said SmithSmith and
Manson with the rest of the hands and Equipment were to ascend the MississippiMississippi to the
River St Pierre and establish themselves there for the purpose of trading- Your Orators
State that your Orator Connelly in the course of the trading season, Bartered of his one third
part of the goods, for furs peltries and other articles of trade, to the value of One Thousand
and sixty eight dollars and seventy eight cents, an Invoice of which together with an Invoice
of the goods unsold by the said Connelly and returned into the common stock of said company- is
herewith filed marked (Exhibit D) which your Orators pray may be taken as a part of this their Bill
and that during the said and Manson bartered for fur peltries
& C- only to the amount of four hundred and Eighty dollars & eighty four cents an account
of which, together with an invoice of the goods unsold and returned into the stock of the company by said
SmithSmith and Manson is herewith filed marked (Exhibit E) and which your Orators pray
may be taken as a part of this their Bill- Your Orators State that your Orator John Connelly
understanding that said SmithSmith and Manson had ascended the river only as high as the PrairiePrairie
du ChienChien , and that they were doing very little buisiness wrote to said SmithSmith to bring his goods yet
unsold which the said SmithSmith and Manson had taken with them to where your Orator Connelly
was, informing him that if he would do so they probably would be able to barter them all off. But
that the said SmithSmith for from availing himself of the information thus given for the benefit of the
company, came to where your Orator Connelly, was trading with only two keggs of gun Powder infor

ming your Orator Connelly, that he had brought about one half of the goods which he and
Manson had, as for as Rock Island and had left them there your Orators state that the said
SmithSmith then expressed a wish to come down to St LouisSt Louis for more gun powder, and not withstanding
many objections urged by your Orator Connelly to his doing so, the said SmithSmith persisted in his
intention, that your Orator Connelly finding it in vain to oppose his inclination, gave him an order
on ThomasThomas Hanly HanlyThomas Hanly of St LouisSt Louis for a quantity of powder- That said SmithSmith then left Your orator Connelly
for St LouisSt Louis and on his return from St LouisSt Louis deliverd two kegs of Powder to your Orator
Connelly and informed him that he had left two other Keg's of gun powder which he consigned
to the care of a French Trader and then set out for Rock Island for the goods he had left there
and returned to Rock river with them, and commenced bartering with the Indians. Your
Orators state that shortly thereafter, the trading season being over and the said Manson having
returned to the mouth of the river with the boat the whole partnership concern embarked
in her with the furs. Peltries and articles traded for together with the goods of the company yet