Samuel B. Smith vs. John Connelly and James Feron
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justly charged by your Orators, and for which he ought to account with them amounting to the
sum of two hundred and ninety nine dollars of Sixty seven cents and that the 299.67. 959-39.
said SmithSmith is also indebted to your orators in the further sum of three hundred and
fifty nine dollars and thirty nine cents arising out of the company concerns
including the promissory note executed by said SmithSmith as before mentioned as
per account herewith filed appears marked (Exhibit II) and prayed to
be taken as part of their Bill. And also that said SmithSmith is indebted to the said
company in other the sum of one hundred and twenty three dollars, and Seventy
two cents as per account herewith filed marked (Exhibit K) and prayed
to be taken as part of this Bill, The two thirds whereof the said SmithSmith is charge-
able with by your Orators amounting to the sum of Eighty two dollars and 82.48
forty eighty cents - which make an aggregate amount of Sixteen hundred
and twenty nine dollars and ninety cents. with which the said SmithSmith 1629.90
is justly chargeable by your Orators in a settlement of the partnership concerns.
as your Orators verily believe - leaving a balance in favor of your Orators of two
hundred and thirty four dollars and ninety cents as due from said SmithSmith 234.90.
on a fair Settlement of the affairs of said company; That notwithstanding that the
accounts stand as your Orators have herin setforth, and that the said action of Replevin
was dismissed on the faith of the agreement of the said SmithSmith to and with your Orators
as before stated;and that the said had filed his bill against your Orators
as before stated; the said had filed his bill against your orator
as herein before stated; the said SmithSmith after the dismission of said action as aforesaid
by his attorney came and moved the court, for a writ de retorno haliendo and also
for a writ of enquiry of damages for the detention of the aid peltries, furs of against
your Orators and had the same awarded to him in the said action; and your Orators
state that at the June Term last of the circuit court for the county of St LouisSt Louis a
jury came on the said writ of Enquiry and returned a verdict against your Orators
for the sum of twenty four hundred and fifty dollars. The said court then and there on
the trial of the said writ not permitting any of the Equitable matters of defence to said
writ as herein bfore stated, to be heard by the jury but rejected the same when they
were then offered in evidence by your Orators, and that Judgment was thereupon
rendered against your orators for the said sum besides costs and that your
Orators persons and property are now threatened to be taken in execution, in satis-
faction of said judgment so iniquitously obtained, and that too for one third of
upwards more that the value of all the peltries furs and other articles traded for
by said company on said expedition and does not release said Judgment
as in justice he ought to do.- But now so it is may it please your honors, that
the said Samuel, B. Smith combining and confederating with divers persons
at present unknown to your Orators / But whose names when discovered
they pray may be herein inserted and they made parties hereto with to charge

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them and every of them) to defraud of oppress your Orators in the premises. he the
said SmithSmith refusing to comply with his promises and agreements to settle and accounts
with your orators, and refusing to perform the said award at your orators requrest
But in violation and breach of the same prosecutes his said suit in Equity against your
Orators and his said writ of Enquiry to Judgment and Execution, Sometimes pretending
that he never made any agreement to compromise the concerns of said partnership
nor ever submitted the same to arbitration, to hereof your Orators change the contray
and which again the said SmithSmith will sometimes admit, and then pretends that
your Orators would not settle and account with him and would not submit
the same to arbitration and were unwilling to perform the said award; whereas your
Orators charge the contrary and that they were willing and offered to perform
the award, which the said SmithSmith ought to have done but which he refused to do
and filed his bill as aforesaid, pretending that he had been an active partner in the service
of the company, that he had so acted as most to promote its interest as far as in his
power, that he had sold the said furs to said Town, with a view to the interest of said
company and intended to account therefor to the said company and that he
had received anything from the said company, and that your Orators were combining
and confederating to defraud him of his part of the proceeds of said partnership. Whereas
your Orators charge the contrary and that the company sustained great loss from
the negligence and bad conduct of said SmithSmith in the affairs of said company, that
he unnecessarily wasted his time travelling at the company's expence
neglecting the company's business and permitting great waste of the company's pro-
erty contrary to the advice and wish of your Orator Connelly, and needlessly
employing persons in the service of the company and allowing to them extravagant
wages which your Orators have had to pay_. Again SmithSmith pretends that he and
Manson accounted to the company for all the goods which they had taken to trade
upon as aforesaid, whereas your Orators charge the contrary, and again at other
times SmithSmith admits that there is a considerable amount with which he ought to stand
charged by the company but pretends - that he ought not to be charged with many of the
Items herein before stated as chargeable by said company against him. Whereas your Orators
charge the contrary and insist that all the several accounts by them stated are justly
chargeable against said SmithSmith and again sometimes the said SmithSmith admits that
he had no just claim to anything in the said peltries except his one third part
of the nett proceeds of the sales of the same. But now he insists that he is entitled to
the whole damages aforesaid given for the detention of the whole of said Peltries-
whereas your Orators charge that he is not entitled to one cent thereof- All which
acts and doings of said SmithSmith are contrary to Equity & good conscience and tend
to the manifest wrong and injury of your Orators _. In tender consideration whereof