John O'Fallon, William Clark, et. al vs. Estate of Edward Hempstead
View original image: Page  005
[missing figure]

[5]

to and at the said Bank of MissouriBank of Missouri for payment thereof
and payment of the said sum of money therein specified
was then & there duly required according to the tenor and
effect of said promissory note, but that neither the
said Bank of MissouriBank of Missouri nor the said Defendants
as executors as aforesaid nor any person or persons on
their behalf did or wound at the when the said
promissory note was as shown & presented for payment
thereof as aforesaid or at any other time before or after-
wards pay the said sum of money therein specified
or any part thereof but wholly neglected and refused
so to do. By means whereof the said Defendants
executors as aforesaid then & there became liable
to pay to the said plaintiffs the said sum of money
in the said promissory note specified accordin
when they the said Defendants executors as aforesaid
should be thereunto afterwards and they being so liable
they the said Defendants executors as aforesaid in consi-
deration thereof afterwards to wit on the day and
year last aforesaid at the county aforesaid under-
took and then & there truthfully promised them the
said plaintiffs to pay them the said sum of
money in the said promissory note specified when they
the said Defendants showed be thereunto afterwards
requested.

And whereas also the said Edward HempsteadEdward Hempstead in his lifetime heretofore to wit on
the day of Eighteen hundred and
at the county aforesaid was indebted to the said

View original image: Page  006
[missing figure]

Plaintiffs in the further sum of five thousand eight
hundred and five dollars eighty six cents for so
much money by the said plaintiffs before that time
lent and advanced to the said EdwardEdward in his at his special
instance and request and in the further sum of
five thousand eight hundred and five dollars & eighty
six cents for so much money by the said plaintiffs
before that time paid laid out and expended to &
for the use of the said EdwardEdward in his lifetime and
at his like special instance and request and
in the further sum of five thousand eight hundred
and five dollars eighty six cents for so much money
by the said EdwardEdward in his lifetime before that time
had and to and for the case of the said Plain
tiffs and the said EdwardEdward being so indebted they
the said Defendants executors as aforesaid
in cousideration thereof afterwards to wit on the six-teenth day of August in the year eighteen hundred and twenty two at the county aforesaid undertook
and then & there faithfully promised them the said
plaintiffs to pay them the said several sums of
money last mentioned whenever they the said Defen
dants executors as aforesaid showed be thereunto
afterwards requested

the said Defendants (altho
often requested so to do and altho the said several sums of
money in the above counts specified have been long since