Bank of Missouri vs. William Clark
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State of MissouriMissouri
County of St LouisCounty of St Louis

In the Circuit CourtCircuit Court March Term 1827

The President directors & company of the bank of
MissouriMissouri, who sue to the use of the United StatesUnited States of AmericaAmerica
by Another their attorney Complain of William ClarkWilliam Clark of
a Plea of trespass on the case; For that whereas JamesJames Kennerly
KennerlyJames Kennerly , heretofore to wit, on the twelfth day of July in the year eighteen hundred and twenty two, at St LouisSt Louis in the County
aforesaid, made his certain promissory note in writing, which
is to the Court here now shown, by which said note he the said
JamesJames then and there promised to pay sixty days after the
date thereof to the said William ClarkWilliam Clark or order, the sum of one
thousand dollars for value received, without defalcation
negotiable and payable at the bank of MissouriMissouri. And
the said WilliamWilliam afterward to wit, on the day and year
aforesaid at the County aforesaid endorsed the said note
in writing by which said endorsement, he said WilliamWilliam
then and there ordered and appointed said sum of
money in said note specified, to be paid to said plain
tiffs. And said plaintiffs in fact say, that afterwards,
when said note became due and payable, to wit on the
thirteenth day of September in the year aforesaid, at the
County aforesaid, the said note so endorsed as aforesaid, was
presented and shown at the said Bank of MissouriBank of Missouri for pay
ment thereof, and payment of said sum of money therein
specified, was then and there duly required according
to the tenor and effect of said promissory note, but that
neither said JamesJames or any other person or persons on behalf
of said JamesJames , did or would at the said time, when said
promissory note was so presentedand shown for payment
thereof as aforesaid,
or at any other time before or afterwards
pay the said sum of money therin specified or any part
thereof but wholly neglected and refused so to do: of
all which said several premises, the said WilliamWilliam

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afterwards, to wit, on the day and year last aforesaid at the Coun
ty aforesaid, had notice, By means whereof said Wil
liam then and there became liable to pay to said plaintiffs
the said sum of money in said note specified, when he
the said WilliamWilliam should be thereunto afterwards requested.
And being so liable he said WilliamWilliam in consideration therof
afterward to wit, on the day and year last aforesaid at the County
aforesaid, undertook and then and there faithfully promised
the said plaintiffs to pay them the said sum of money when
he said WilliamWilliam should be thereunto afterwards requested

And whereas also the said WilliamWilliam afterwards to wit
on the first day of July in the year eighteen hundred and twenty three, at the County aforesaid was indebted to said
plaintiffs in the further sum of two thousand dollars
for so much money before that time had and received
by said WilliamWilliam , to and for the use of said plaintiffs
and being so indebted he said WilliamWilliam in consideration
thereof, afterwards, to wit, on the day and year last aforesaid
undertook and then and there faithfully promised
the said plaintiffs to pay them the said sum of
money last aforesid, when he the said WilliamWilliam should
be there unto afterwards requested. Nevertheless the
said WilliamWilliam although often requested, has not paid to
the said plaintiffs the said several sums of money or either
or any of them or any part thereof, but to pay the same
to the said plaintiffs, has hitherto wholly neglected and
refused and still neglects and refuses so to do- To the dam
age of said plaintiffs of two thousand dollars and there
fore they bring suit &C.

StrotherStrother Atty