Thomas L. Smith vs. Pierre Chouteau Jr.
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And for further plea in this behalf the said defen
dant says that the said plaintiff ought not to
have or mantain his aforesaid action thereof against
him, the defendant because he says that the said
plaintiff before and at the time of the commence
ment of this suit tourt on the eight day of march in the year of our Lord eighteen hundred and thirty at the county of St LouisSt Louis aforesaid was and
still is indebted to the said defendant in a large sum
of money to wit in the sum of five thousand dollars
for divers goods wares and merchandizes by the
defendant before that time sold and delivered to the
plaintiff at his request for money by the defendant
before that time lent and advanced to and paid
laid out and expended for the plaintiff and
at his like request and also for other money by the
plaintiff before that time had and received to and
for the use of the defendant, which said sum of money
so due and owing from the plaintiff to the defendant
exceeds the damages sustained by the plaintiff for the
non performance of the promises and undertakings in
the declaration mentioned and the said defendant
is willing and hereby offers, out of the money so due to bring
to set off and allow the full amount of any damages as
aforesaid. and this he is ready to verfy wherefore he
prays judgment of the plaintiff ought to have or
maintain his aforesaid action thereof &c

Filed march 26th 1834

A GambleArchibald Gamble clk


for defts