Joseph Cunningham, Administrator for the Estate of David Cunningham v. William Sublette
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State of MissouriMissouri
County of Saint LouisCounty of Saint Louis

ss.

Be it Remembered that heretofore to wit on the Sixth day of March in the year of our Lord one thousand Eight Hundred and thirty threeJoseph CunninghamJoseph Cunningham
Administrator of David CunninghamDavid Cunningham deceased by his attorney filed in the office of the clerk of
the Circuit CourtCircuit Court for the County of Saint LouisCounty of Saint Louis his declaration against William SubletteWilliam Sublette which
said declaration is in the words and figures following to wit; "In the Circuit CourtCircuit Court March Term 1833 Saint LouisSt Louis County- to wit; Joseph CunninghamJoseph Cunningham administrator of all and singular the
goods chattels rights & credits which were of David CunninghamDavid Cunningham deceased by EdwdEdward Bates BatesEdward Bates his
attorney complains of William SubletteWilliam Sublette of a plea of trespass on the case upon promises
-For that whereas heretofore to wit on the first day of December in the year of our Lord one thousand Eight hundred and twenty nine at the county aforesaid in the life time of
the said David CunninghamDavid Cunningham who is since dead the said William SubletteWilliam Sublette in consideration
that he was then & there indebted to the said David CunninghamDavid Cunningham in a large sum of money
to wit two thousand dollars for the personal service work & labor, care & diligence of the said
DavidDavid by him before that time rendered done & performed in & about the business & trade of
the said WilliamWilliam for the said WilliamWilliam & at his request undertook & then & there faithfully
promised the said David CunninghamDavid Cunningham to pay him the said sum of money whenever
he should be thereunto afterwards requested. And also for that whereas heretofore in
the life time of the said David CunninghamDavid Cunningham who is since dead to wit; on the first day of December in the year of our Lord one thousand eight hundred & twenty nine at the
county aforesaid the said William SubletteWilliam Sublette the defendant accounted with the said DavidDavid Cunningham
CunninghamDavid Cunningham of & concerning divers sums of money before that time due & owing from
the said WilliamWilliam to the said DavidDavid & then in arrear & unpaid & upon that accounting the
said William SubletteWilliam Sublette was found to be in arrear & indebted to the said David CunninghamDavid Cunningham
in another large sum of money to wit; two thousand dollars, and being so indebted he the
said WilliamWilliam in consideration thereof undertook & then & there faithfully promised the
said DavidDavid to pay him the said last mentioned sum whenever he should be thereunto
afterwards requested - And also for that whereas heretofore to wit on the first day of January in the year of our Lord one thousand eight hundred & thirty two at the County
aforesaid after the death of the said David CunninghamDavid Cunningham in conideration that the said
William SubletteWilliam Sublette was indebted to the said David CunninghamDavid Cunningham deceased at the time
of his death in a large sum of money to wit two thousand dollars for the personal service
work & labor care & diligence of the said DavidDavid by him in his lifetime redered done &
performed in & about the trade & business of the said WilliamWilliam for the said WilliamWilliam & at his
request & that the said debt then remained unpaid the said William SubletteWilliam Sublette undertook
& then & there faithfully promised the said Joseph CunninghamJoseph Cunningham as such administrator
as aforesaid to pay him the said last mentioned sum of money whenever he the said
WilliamWilliam should be thereunto afterwards requested - And also for that whereas heretofore to wit
on the day and year last aforesaid at the county aforesaid and after the death of the said DavidDavid Cunningham
CunninghamDavid Cunningham the said William SubletteWilliam Sublette accounted with the said Joseph CunninghamJoseph Cunningham
as such administrator as aforesaid of & concerning divers other sums of money due & owing

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from the said WilliamWilliam to the said DavidDavid at the time of the death of the said DavidDavid & then in
arrear & unpaid and upon that accounting the said WilliamWilliam was found to be in arrear & indebted
to the said DavidDavid in another large sum of money to wit two thousand dollars and being so
found to be in arrear & indebted he the said WilliamWilliam in consideration thereof undertook & then
& there promised the said Joseph CunninghamJoseph Cunningham as such administrator as aforesaid to pay him
the said last mentioned sum of money whenever he the said WilliamWilliam should be thereunto after-
-wards requested. Yet the said William SubletteWilliam Sublette although often requested has not paid the
several sums of money above mentioned nor either of them nor any part thereof either to the
said David CunninghamDavid Cunningham in his life time or to the said Joseph CunninghamJoseph Cunningham as such admin-
-istrator as aforesaid since the death of the said DavidDavid but the same still remain due &
unpaid to the damage of the said JosephJoseph as such Administrator two thousand dollars
& therefore he sues &c. And the said plaintiff brings here into court the letters of Administration
to him granted in due form of law, bearing date the nineteenth day of October in the year of our Lord one thousand Eight hundred & thirty which sufficiently testify to the court here that he
is such administrator as in his declaration he has has above alleged Edwd BatesEdward Bates _ and
afterwards to wit on the day of the filing of the said declaration the clerk of the said CircuitCircuit Court
CourtCircuit Court Endorsed thereon a writ of summons as follows to wit; " County of Saint LouisCounty of Saint Louis Ss The
State of MissouriMissouri, To the Sheriff of the County of Saint LouisCounty of Saint Louis, Greeting- We command you to summon
William SubletteWilliam Sublette that he be and appear before the Judge of our Circuit CourtCircuit Court at the next term
thereof to be held at the city of St. LouisSt Louis within and for the county of Saint LouisSt Louis on the fourth
monday of March instant then and there to answer unto Joseph CunninghamJoseph Cunningham Administrator
of all and singular the goods chattels rights and credits which were of David CunninghamDavid Cunningham
deceased of a plea of trespass on the case upon promises to the damage of the said JosephJoseph as such
Administrator two thousand dollars and have you then there this writ. Seal Witness
Archibald GambleArchibald Gamble Clerk of our said Circuit CourtCircuit Court at office this sixth day of March one thousand Eight hundred and thirty threeArchibald GambleArchibald Gamble Clerk and afterwards to wit at the return term
thereof the Sheriff of the county of Saint LouisSt Louis returned the said writ and declaration into our said
court with his return thereon endored in the words and figures following to wit; "served this writ on WmWilliam Sublette .
SubletteWilliam Sublette on the 9th March 1833 in the City of St. LouisCity of St Louis by offering to read it & the declaration to him which he
refused to hear & acknowledged service - John K WalkerJohn K Walker Sheriff and afterwards to wit at the
said March term of the said Circuit CourtCircuit Court in the year aforesaid the said defendant by his attorney
filed his pleas to the action aforesaid in the words and figures following to wit JosephJoseph Cun-
-ningham
admr of David CunninghamDavid Cunningham to William SubletteWilliam Sublette And the said WilliamWilliam by
GeyerGeyer his attorney comes and defends the wrong and injury when &c and says that the
said plaintiff ought not to have or maintain his aforesaid action thereof against him
the said defendant because he says that the said JosephJoseph is not and never hath been
Administrator of the goods or chattels rights or credits which were of the said DavidDavid Cunningham
CunninghamDavid Cunningham deceased in manner and form as the plaintiff hath above thereof
alleged and this he prays may be enquired of by the country And for further plea in
this behalf the said defendant says that he did not undertake & promise in manner & form
as the said plaintiff hath above thereof in his said declaration alleged and of this he puts himself
upon the country &c. (the third plea of the said defendant being afterwards withdrawn is not here
inserted or copied)- and the said cause was continued from term to term until the march term