John N. Lavillebeuvre and William D. Walton v. Peter Powell and Joseph Powell
View original image: Page  125
[missing figure]

St. Louis Circuit CourtCircuit Court

& WaltonWalton
vs
Peter Powell & Powell

March Term 1839

Be it remembered
that on the trail of this case the plaintiffs read
in evidance the depositions of JClaudeLavillibeuvre
& of Thomas P. Lavillibeuvre taken
at New Lavillibeuvre in April in the year 1836
in the words & figures following to wit (here
set out the depositions omitting captions of depositions and copy of letter attached to depositions)
The plaintiff then read
in evidance the note mentioned in one of said
depositions together with the assignment thereof
& the several endorsements in the following
words & figures (here copy the note of CoatesCoates &
the several endorsements) The plaintiffs by their
counsel then gave in evidance two letters
of the defendants directed to plaintiffs at New OrleansOrleans having proved that defendants
at their date in briefings at
St. LouisSt Louis, & that said letters were signed by
their name in the handwriting
of Peter PowellPeter Powell one of said defen
dants(here copy the letters, one dated 24th may 1834, the other 31st may 1834,) The plain-
tiffs then EdwardEdward H Beebe HEdward H Beebe .BeebeEdward H Beebe as a wit-
ness who testified that some time before this
suit was brought & in the spring of 1835 the plaintiff sent him the
said note of Coats to present to the defendants
for payment which plaintiff were partners in
New OrleansOrleans & of the names as stated in the
declaration that he called are the said Powells
& demanded payment of it the said note than had the several credits rendered on it as follows (here ) & that they de
clared payment on the ground that they had
paid the amount of it to Coats the maker
:

View original image: Page  126
[missing figure]
and that they said that payments had been
made an account of the note but did
not remember whether they said they had
remitted any thing or any thing about remittance The said Beebe further tes-
tified that the same Boats Michigan &
Boonslick left St LouisSt Louis in a few days after the
24th may 1834 & each a trip
to New OrleansOrleans & returned in the usual
time that the Steam Boat magestic
left St LouisSt Louis on a trip to New OrleansOrleans
directly after the 31st day of the same month
& it & returned to St LouisSt Louis in the usual
time said Beebe further testified that he
KnewJ.H.Graham mentioned in the en
dorsements
an said note: that said GrahamGraham
had formely been enganged in trading in
furs& peltries & had been about St LouisSt Louis

The plaintiffs their read in evidance the depo-
sition of ThomasThomas J Stewart JThomas J Stewart .StewartThomas J Stewart (which depositions
had been taken ex parte on behalf of
the defenants on the third of November
eighteen hundred thirty eight) which is in
the words & figures following (here in-
sert the first deposition of StewartStewart )

Said Beebe also testified that Coats had
due some years since insolvent that he
lived in ArkansasArkansas at, & before the
of his death & that previous to his resi-
dence in ArkansasArkansas the said CoatesCoates had
lived in St. LouisSt Louis as a Clerk & was then
worth nothing & he had never been worth
any thing so far as witness know or be-
lived.