Joseph Cunningham, Administrator for the Estate of David Cunningham v. William Sublette
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ScottScott were doing business in the mountains for Ashley & Smith- they employed me to come
home I know not that Smith JacksonJackson & Sublette ever brought any furs of CunninghamCunningham -
I understood from reports in comp that CunninghamCunningham had hired himself to Smith, JacksonJackson
& Sublette for one year from about the tenth of July Eighteen hundred and twenty seven
together with his horses & equipment for something like nine hundred dollars and reports
came in confirmed to me by SmithSmith himself when I saw him again that CunninghamCunningham had
been killed about the thirteenth of the following month- when I came down in Eighteen
hundred and thirty I wrote to Joseph CunninghamJoseph Cunningham to come and Settle with Smith JacksonJackson &
Sublette, as I understood that there was something due his deceased brother- some time after
about the first of November of the same year. I saw him and he informed me that he had settled
with them and showed me the money that they had paid him the amount I do not know
and further this deponent saith not- Robt Evans- and no further evidence was given
on either side- Neither party requiring a Jury the court referred the cause to three auditors
and the evidence being submitted to them and thereupon the court instructed the auditors
that âthere is no evidence here of an account stated except the recept to which instruction
the plaintiff excepted- thereupon the auditors made their report finding the first issue
for the plaintiff & the second for the defendant and the defendant withdrew his third plea-
the plaintiff moved the court to set aside the report of the auditors and for a new trial
and filed the following reasons 1- the auditors decided against the evidence in the cause
2 the auditors decided against law. 3 the court misdirected the auditors in this that there
is no evidence in the cause of an account stated except the receipt âwhich motion the
court overruled and gave judgment for the defendant to which proceeding & Judgment
the plaintiff excepts and tenders this his bill of exceptions & C-

L E LawlessL E Lawless -