Hezekiah C. Simmons vs. Charles D. St. Vrain
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In the St. LouisSt Louis Circiut Court
November Term 1830

County of St. LouisCounty of St Louis, sct,

HezekiahHezekiah C. SimmonsSimmons (who sues to the use of
JohnJohn Newman NewmanJohn Newman WilliamWilliam K Rule K. RuleWilliam K Rule and Edward Walsh as TrusteesTrustees
of said SimmonsSimmons for the payment of the creditors of H. C.
SimmonsSimmons ) complains of Charles D. in
custody of a plea of trespass on the case on
promise. For that whereas the said Defendant here
tofore to wit on the first day of July in the year Eighteen hundred and thirty at the county aforesaid was indebted to the
said Plaintiff in the sum of three thousand
dollars lawful money for divers goods wares
and merchandize by the said Plaintiff before that
time sold and delivered to the said Defendant and at his
special instance and request and being so indebted
he the said Defendant in consideration thereof
afterwards, to wit, are the day and year last
aforesaid at the county aforesaid, undertook and
then and there faithfully promised the said Plain
tiff to pay him the said sum of money when
he the said Defendants should be thereunto afterwards
requested. And whereas also the said Defendant after
wards, to wit, on the day and year last aforesaid,
at the county aforesaid, accounted with the
said Plaintiff of and divers other
sums of money from the said Plaintiff to the
said Defendant to the said Plaintiff before that
time due and owing and then in
and unpaid, and upon such accounting
the said Defendant was then adn there found
to be in arrear and indebted to the said

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Plaintiff in the further sum of three thousand dollars
of like lawful many, and being so found in
arrear and indebted he the said Defendant in consider
ation thereof, afterwards, to wit, on the day and year
last aforesaid at the county aforesaid, undertook
and then and there faithfully promised the said
Plaintiff to pay him the said last mentioned sum
of money when he the said Defendant should
be thereinto afterwards requested. Never that is
the said Defendant not regarding his said several
promises and undertakings but contriving
and fraudulently intending to deceive and defraud
the said Plaintiff in this behalf had not as yet
paid the said several sums of money, or any written
of them or any part thereof to the said Plaintiff
(Although often requested so to do.) But the said
Defendant to pay him the same has hitherto
wholly negleted and refused and still doth negleted
and refuse to the damage of the said Plaintiff,
who sum for the use aforesaid, of the sum of
four thousand dollars and therefore he sues

John NewmanJohn Newman