Coleman Duncan vs. Jonathan Duncan
View original image: Page  001
[missing figure]

St. Louis Circuit CourtCircuit Court For March Term 1832

County of St. LouisCounty of St Louis Ss:

Colman DuncanColman Duncan (who sues herein to the
use of James J. Thomas) by JJ Spalding SpaldingJ Spalding complains of JonathanJonathan Duncan
DuncanJonathan Duncan of a plea of breach of Covenant For that whereas heretofore
to wit on the twenty fifth day of May in the year of our Lord one thousand eight hundred and and thirty at said County. The
said defendant by his certain writing obligatory sealed with the seal of the said defendant and executed duly by him which said writing
is now here to the Court shown the date whereof is the day and year
aforesaid promised ten months after the date thereof to pay to said
Coloman DuncanColoman Duncan or order the sum of one hundred dollars: and
twenty months after the date thereof he promised to pay said Coloman
the further sum of one hundred dollars: and thirty months after
the date thereof he promised to pay said Coloman the futher sum
of one hundred dollars, said two last mentioned sums to
hear interest from the date of said writing at the rate of six
per cent per annum for value received, which writing obligatory
was subject to the following condition thereunder written namely
that whereas said writing was obligatory for the benefit ofGilbertGilbert who signed said
instrument whose labor it was hoped would meet those payments
that if said GilbertGilbert should die or become from sickness or ac-
cident permanently unable to work with at any time within thirty
months from the date of said writing obligatory, then that only
the notable proportion of the above sums should be paid:
and said plaintiff in fact saith that said JonathanJonathan hath not
paid the sum of money secondly above mentioned which was
due twenty months after the date of said writing obligatory nor
any part thereof. Although the said GilbertGilbert has not this nor has
he hitherto become from sickness or accident permanently unable
to work, and although twenty months have elapsed since the
date of said writing: nor has any person paid the same money
or any part of it: but the whole of the same to wit of said
second installment remains in arrear and unpaid contrary to the
tenor and meaning of said writing and of said covenant of said
JonathanJonathan so by him made as aforesaid and so said plaintiff saith
that said defendant although often required so do hath not kept
the said covenant so by him made as aforesaid, but hath broken
the same and to keep the same with said plaintiff hath refused
and still refuses, To the damage of said plaintiff of
four hundred dollars & therefore he brings his suit & c.

J. SpaldingJ Spalding
atty for plff