Samuel B. Smith vs. John Connelly and James Feron
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yet remaining unsold and descended to St LouisSt Louis and stored the same in the cellar of Ralph
Davis in the town of St LouisSt Louis- Your orators charge that a considerable quantity of the goods that were
in the possession of said Manson & SmithSmith as aforesaid, amounting to the value of one thousand seven
hundred and seventy six dollars and thirty two cents were never returned into the common
stock of said company and have not been accounted for to the said firm by said smith &
Manson and were and have been a loss to the said company of so much. Your orators
further charge that in consequence of the bad management of said SmithSmith and Manson
the latter of whom they are informed was controlled by said SmithSmith and their inattention
to the partnership concerns and the interest of the company. the company have
sustained a loss of upwards of three thousand dollars your orators further state that
the said smith after the said furs goods and other reticles had been stored as
aforesaid and altho your orators were then in the town of S LouisS Louis contribed
and without the consent or knowledge of your orators to cause the said peltries and furs
to be transported to the cellar of one Gibbon in the town of St LouisSt Louis and had actually
sold the same to one EphraimEphraim Towns with the intention & purpose as your orators had good reason
to believe and still believe of receiving the proceeds of the sales of the same and then leaving
the Territory without in any wise acounting for the same to your orators but by that means
of defrauding your Orators thereof and your orators state that the said SmithSmith was actually
counting the said furs & peltries for the said Towns before your orators had detected the said
Fraudulent doings purposes and intentions of the said smith your orator state that they
thereupon brought their action of Replevin for said furs & peltries while they were yet in his
possession as the only efficient means of defeating the fraudulent intentions & purposes of said
SmithSmith and were thereby restored to the possession of them.- Your orators state that after bringing
said action frequent propositions were made by your Orators to said SmithSmith to settle the partnership
accounts, that the said SmithSmith after many offers and made to him by your Orators promised
and agreed with them that he would make a settlement of the whole partnership concerns
That your orators upon the faith of that agreement dismissed their said action of Replevin
and your orators further state that in pursuance of an agreement by and between your orators and
said SmithSmith the matters in controversy between said SmithSmith and your orators were referred to
Thomas HanlyThomas Hanly , EphraimEphraim Towns and Moses ScottMoses Scott after each one of said parties having chosen
one of said arbitrators and thereupon a bond was executed by your Orators and said smith by
each to the other in the penal sum of one Thousand dollars to be void as to each of said parties as
they should abide by and perform the arbitrament and award of the said references
your Orators state that in pursuance of said agreement and by the submission & with the
consent of the parties thereto, the said arbitrators on the twenty eighth day of May in the year of our Lord one thousand eight hundred and seventeen , in the town of St LouisSt Louis after
being duly sworn a true and just award to make, did enter into an examination of the accounts and
matters in difference between the said parties and the evidence and witnesses then & there
produced before them by said parties who were then & there present & contesting their rights
and did then and there after a full examination & consideration of all and singular the said
matters award that you orator FernonFernon and the said SmithSmith should stand charged
by the said company in the sum of one thousand seven hundred & seventy six dollars & Thirty two
cents for and on account of a deficit of goods to that amount, which they SmithSmith and FernonFernon
had not accounted for and that each of them SmithSmith and your orator FernonFernon should stand

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charged in equal shares for that sum, a copy of which said award is herewith filed marked
(Exhibit F) which is prayed to be taken as a part of this Bill- your orators state that the said
award was then and there presented to the said SmithSmith with a reqest that he would abide
by and perform the same which your Orators were wiling on their parts and then & there offered
to do, But your Orators state that the said SmithSmith , the said award and the offers & request of your
orators not regarding did wholly refuse to perform & comply with the same and on the third day
thereafter filed his bill of complaint against your orators in the honorable the superior court for
the Territory of MissouriMissouri sitting as a court of equity at St LouisSt Louis falsely pretending and setting
forth that your orators were about to defraud him of his part or share in the stock of said company
by him pretended to be due and coming from the said company to him, under the said agreement
that he had been an active partner in transacting the business of said company, and praying that
your orators might be compelled to render an account and pay to said SmithSmith his share so pre-
tended to be due and coming to him from said company and that a writ of ne exeat
might issue against your orators pretending that your orators were about to leave the
Territory and for the purpose of haraping and your orators were about to leave the
Territory and for the purpose of harassing and vexing your orators [ altho ] as your orators expressly
state nothing in equity and good conscience was due and owing to said SmithSmith from said company
For your orators state that the whole amount of peltries and other articles traded for by said
company on said Expedition amounted but to one thousand five hundred and forty nine
dollars & sixty two cents according to exhibits before made and mentioned
and that the nett proceeds of the goods returned into the common stock of said
company and sold for the benefit of the concern amounted to but the sum of
Eight hundred and fifty eight dollars cents and a half as
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will appear by an inventory of the sales thereof herewith filed and marked
exhibit G and prayed to be taken as part of this bill, which together
produce the sum of Two thousand four hundred & eight dollars, forty one cents and
a half and that the said sum of one Thousand seven hundred & seventy six
dollars and thiry two cents which the said SmithSmith and your orator
FernonFernon as your orators believe stand justly charged with by the said firm
in equal proportions for the goods as aforesaid unaccounted for by them &
which was awarded against them as aforesaid in favour of the company which
added to the last result makes the sum of four thousand one hundred &
eighty four dollars seventy three and a half cents which being divided
4184.73 1/2
into three equal shares gives to each of the partners the sum of one Thousand three
hundred and ninety four dollars and ninety one cents against which
your orators state that the said SmithSmith is justly chargeable with his equal part of
the said sum of one Thousand seven hundred and seventy six dollars thirty
two cents as awarded by the arbitrators as aforesaid for the deficit of goods as
aforesaid amounting to the sum of eight hundred & eighty eight dollars
sixteen cents and that your orators have paid off the debts of the company
to the amount of eight hundred & ninety nine dollars one and an half cents as per an
account herewith filed appears marked (exhibit H) which is prayed to
be taken as part of this Bill with one third part of which said SmithSmith is