James Fernon and John Connelly v. James Smith
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maintaining their aforesaid action thereof ought to be
bared and precluded Because he says that at the
time of the supposed taking of the goods pettrics and
furs mentioned in the plaintiffs declaration they
the said plaintiffs and the said defendant were in
partnership for the purpose of trading with the
Indian tribes residing on the MississippiMississippi River, RiverMississippi River &
its contributary streams, and that the said goods
at the time mentioned in the declaration were
the joint goods and Chattels, of them the said
plaintiffs and the said defendant as partners as
aforesaid, without this that they were the goods and
chattles of the said plaintiffs at the time mentioned
in the said declaration as thereby supposed and
this he the said SamuelSamuel is ready to verify Wherefore
he prays Judgment and a return of the said
goods and chattels may be adjudged to him
and that he may have his damages assessed,
for the loss of the use of said goods & chattels
and that his costs be allowed him

MM McGirk McGirkM McGirk attorney


for Deft