John N. Lavillebeuvre and William D. Walton v. Peter Powell and Joseph Powell
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Deposition of witnesses produced sworn and
examined at the office of Ambrose KirtlandAmbrose Kirtland
in the City of New YorkYork in
the County of New YorkYork and state of New YorkYork
before me Ambrose Kirtand a justice of the
peace in a certain cause now depending in the Circuit CourtCircuit Court to
the County of St LouisCounty of St Louis. State of MissouriMissouri between
John MJohn M LavillebeuvreLavillebeuvre & William D WaltonWilliam D Walton Plain-
tiffs and PeterPeter & Joseph PowellJoseph Powell defendants in
the part of the defendant.

Thomas J StewartThomas J Stewart - of Lawful age being
produced sworn and examined on this part
of the defendants deposeth and saith, that du-
ring a part of the month of March 1834. I
was at the Mouth of White River. Arkansas
on my route to St LouisSt Louis. and while there receiv-
ed directions from the defendants PeterPeter & JosephJoseph Pow-
ell in whose employ I was as Clerk to Make
purchases of certain descriptions of furs and
Peltries for the St LouisSt Louis Market. I bought such
as were there offered and being required to return
to St LouisSt Louis by a certain period. I made an
arrangement with John CoatesJohn Coates , a resident at
that landing to buy certain descriptions and qual-
ities of furs & peltries within a certain range
of prices, for each article and quality of the
same according to a written memorandum which I gave him. & the purchases were
to be made within a certain period of time:
which articles when purchased he was to forward
direct to St LouisSt Louis and in payment for the same
was to on the defendants at St LouisSt Louis Mis-
souri, if he preferred having the payment made
at new orleans, the defendants would place
then with such mercantile house as he
or they should designate on due proper notice
being given to them said defendants by said

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CoatesCoates to that effect but in no other way would
they make payment: the compensation of
said CoatesCoates for his services was to be ten percent
on the amount of the purchase provided he
adhered strictly to the memorandam I gave
him in every respect: early in the month of
april ensuing the defendants received a large
lot of furs and peltries from the said John CoatesJohn Coates
and Letters of advice of the purchase and shipment
on opening and inspecting the same. the articles
varied much from the instructions I gave him
that a great part was such as he was not
authorized to purchase and particularly the
article of Black Bear skin which he was pro-
hibited from buying and in the said lot of furs-
and peltries sent by him they constituted a large
proportion. and the prices paid by him for
certain of said furs and peltries so sent was
greater than was authorized by me. I was not
authorized by the defendants to delegate my
authority to purchase furs and peltries to any
person whatever but I did so for what
I considered the best interests of the defendants
in regard to the payment for said purchases
the defendants received a letter from said
CoatesCoates informing them he had given his
note to a Clark at thirty days from
march 22nd. 1834 for the amount of three
thousand five hundred & ninety five Dollars
and or thereabouts: and that
said Clark had taken said note with him
to New OrleansOrleans & that if they the defendants
would pay the note it would be full satisfac-
tion for said purchases except his commission
of ten per cent the defendants also after that
received a letter from messrs Lavillebeuvre & Walton
of new orleans tho plaintiffs stating they had a certain note