John O'Fallon, William Clark, et. al vs. Estate of Edward Hempstead
View original image: Page  011
[missing figure]

Riddick or to the said plaintiffs: and this they the
said defendants are ready to verify; wherefore
they pray judgment if the said plaintiffs ought
to have or maintain their aforesaid action
thereof against them as executors as afore-
said .C

and for a further plea in
this behalf as to the said first & second courts
of said declaration, the said defendants say
that the said plaintiffs ought not to have or main-
tain their aforesaid action thereof against
them as executors as aforesaid because
they say that after the death of the said EdwardEdward Hempstead
HempsteadEdward Hempstead to wit on the fourteenth day of June in the year aforesaid at the County afore-
said they the said defendants made and exe-
cuted the said promissory notes in the said
first and second counts mentioned and then
and there delivered the same to the said Thomas,
J. Riddick President & Directors & Company
of the Bank ofBank of Missouri MissouriBank of Missouri for & in consideration
of the sum of five thousand eight hundred five dollars eighty six cents by them
the said defendants then and there received of
and from the said President & Directors & Company
and by the said President & Directors
& Company then and there lent and advan-
ced to them the said defendants at their in-
stance and request and the said defendants aver
that the said plaintiffs are thirtees and agents of the
said President and Directors and Company volunta-

View original image: Page  012
[missing figure]
rily appointed by the said President & Directors
& Company for the purpose of collecting certain
debts due to the said President & Directors and
Company and paying certain debts due and owing
by and from the said President & Directors and
Company and that the two promissory notes in
the said two first Counts act forth and mentioned
were transferred by the said RiddickRiddick as agent of
the said President & Directors & Company le-
gally authorized, to the said plaintiffs as such
trustees & agents as aforesaid to wit at the day
& year last aforesaid at the place aforesaid; and this
the said defendants are ready to verify: wherefore
they pray Judgment if the said plaintiffs ought
to have or maintain their aforesaid action
thereof against them U.C.

and for a further plea in this
behalf as to the first and second counts in said
declaration the said defendants say that the said
plaintiffs ought not to have or maintain their
aforesaid action thereof against them because
they say that an the said fourteenth day of June in the year last above mentioned they
the said defendents as executors as aforesaid made
and executed the said promissory notes in the
said first & second counts mentioned as
making of the same, and that the payees in
each of the said notes are the same identical
Thomas HempsteadThomas Hempstead and Charles S. HempsteadCharles S Hempstead