John N. Lavillebeuvre and William D. Walton v. Peter Powell and Joseph Powell
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the note above described and that it was stated
to them it would be paid by the defendants
and requesting them to remit funds forthwith
for payment thereof. which Letter was an-
swered by defendents stating that funds would
he remitted shortly. soon after another letter
was received from the plaintiffs. to the defend-
ants requesting immediate payments a few
days after the receipt of the said last letter by
the defendants from the plaintiffs the said
John CoatesJohn Coates at St LouisSt Louis and called on
the defendants and stated he up expressly
to receive the money for the purchases made by
him as from the tenor of them the defendants
letters to him he judged that if they remitted
to new orleans by any steam Boat to meet
his CoatesCoates note and this money not reaching them that they the defendants
would consider it a payment of dis claim a-
gainst the defenants for said purchases and
to avoid any risk whatever he preferred receiv-
ing it at St LouisSt Louis. and the defendants stated that
they would have have so considered it and were
pleased that he had called to receive the amount
due him. and expressed their dissatisfaction
with of the whole transaction to him as being
unauthorized by them and very badly executed
by him. and that instead of the allowance of
ten percent which I had promised to allow him
they would pay him the amount of the pur-
chases made by him and allow him one half of the profits which they had re-
alized in the transaction to which proposi-
tion the said coates acceded: and the furth-
er defendants forthwith paid him the sum
of three thousand seven hundred and twenty
nine 33/100 Dollars in there abouts

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and for which payment I wrote a receipt
in the usual receipt book of the defendants
and dated as now I can recollect in the
seventh of June 1834 or thereabouts and
which receipt was signed by the said
John CoatesJohn Coates in my presence and which
money was paid him on the of
the date of said receipt and which money I saw
to CoatesCoates about twelve
or fifteen Months after this and after the
imsolvency of this said John CoatesJohn Coates and
after his which was generally
known the said note of John CoatesJohn Coates was
exhibited to the defendants at St LouisSt Louis by
one of the
of HempsteadHempstead &
& Pay-
ment for a balance said to be due
was demanded of them.
on the back
of the note were three payments
amounting together to about ninteeen hun-
dred dollars and the said was
made for & account of the plaintiffs : Peter PowellPeter Powell
the of the defendants expressed his surprise at
such a demand stating he had paid
said CoatesCoates in full. deponent further
saith I am perfectly familiar with the
whole transaction & was in the habit of
seeing all letters received by the defend-
ants during the period I was in their
employ which was long previous to this
transaction up to the first of September 1835 and during that period the defend-
ants paid or remitted to my knowl-
edge any amount whatever on account of
the said note of John CoatesJohn Coates to the plain-
tiffs nor received any letters or communications on the subject of
said note requesting payment or otherwise
after the payment to said CoatesCoates in June 1834 on there abouts until the said de-