John P. Cabanne and Antoine Chenier, merchants trading under the firm name of Cabanne and Chenier vs. Amable Steine, Executor for the Estate of Louis Beaudoin
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trial of the said cause, your orators attempted
to defend themselves from the payment of
the said wages by shelving the misconduct
and negligence of the said LouisLouis Beaudoin BeaudoinLouis Beaudoin
as aforesaid as a failure to perform his
part of the said contract, but this attempt
was overruled by the Court which decided
that as the said LouisLouis Beaudoin BeaudoinLouis Beaudoin had in some
manner performed his contract by proceeding
on the voyage, your orators could not give
in evidence his negligence and unfaithfulness
as a defense against his demand
for wages; but that your orators only
remedy was by an action upon the contract against him: A Judgment was
therefore rendered against your orators
by the said Court for the said sum of
three hundred dollars, on which judgment
an execution has been issued and
lodged with the Sheriff of St. Louis
County; And the said Sheriff is about
proceeding to levy and collect the same
from your orators: And your orators
show that they havecommenced a suit,
in the said circuit Court, returnable to
the next term of the said Court against
the said LouisLouis Beaudoin BeaudoinLouis Beaudoin on the contract
aforesaid, in which they trust to recover
against the said BeaudoinBeaudoin a much
larger amount than the sum of three
hundred dollars recovered against them
as aforesaid, But your orators further
show that the said LouisLouis Beaudoin BeaudoinLouis Beaudoin is

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