Preston and Others v. George W. Coons, Administrator of the Estate of Milton Duty, et al.
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approbation of Duty, he Duty having acknowledged
to CoonsCoons , that the owed the amount of said note to
GentryGentry , and he would rather have CoonsCoons hold the
note against him, than any other person.
Deponent thinks that this assent was excused
at the store of David CoonsDavid Coons , in St. LouisSt Louis,
some time in the month of May 1838. in
presence of himself certainly, and, as he thinks
in presence of GentryGentry himself. Deponent knows
that the amount of cash on hand among Dutys efforts
at the time of his death was less than one hundred dollars
Deponent states, that he does not know that G.W.CoonsG W Coons ,
has taken any steps to collect the demands of Duty'sDuty's
estate against persons in MississippiMississippi, that he, himself
has this year been to MississippiMississippi and that said
CoonsCoons did not ask him to take any claims of the
estate of Duty to collect, and that if be had so requested, he
would not have taken them. Deponent states, in
explanation, that the note passed from GentryGentry to CoonsCoons ,
above referred to, amounting to twelve hundred and seventy eight
Dollars and sixteen cents, was executed by MiltonMilton Duty, to
Wm. P.Stevenson, on the 24 Feb. 1838 & transferred to DavidDavid Gentry
GentryDavid Gentry the 20 April 1838 and to David CoonsDavid Coons , the 7th May 1838. Deponent further states, that the three notes
referred to in this Deposition, as by MiltonMilton Duty the signatures are
all in the hand writing of the said Duty, and two of which
this deponent saw him, the said Duty sign.

Deponent, bring cross-examined by counsel of G.
W.Coons, in answer to several interrogations, in narrative form and saith- that, all the three several
notes above referred to, were, at the time of the death
of MiltonMilton Duty, in possession of David CoonsDavid Coons ;
and that this deponent knows, that of MiltonMilton
Duty was, at the time of his death, justly indebted to DavidDavid Coons
CoonsDavid Coons in the amount the there several notes above
referred to. Deponent further states, that David CoonsDavid Coons
never kept any regular set of Book, or Ledger
until the first of June 1838. But kept a such

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of memorandum Book; having in his business draft
for cash principally; but on the settlement
in February 1838, when the thirty three hundred dollars
were paid, the memorandum book of CoonsCoons shows
an indebtedness of Duty, in a sum of thirty seven
hundred and two Dollars, and ninety cents. All
the money which DD Coons .CoonsD Coons , ever received, from the
hire of Duty'sDuty's negroes from the first of October 1839, to the knowledge of this deponent, up to the
time of his death, was one hundred and sixty four
Dollars and thirteen cents, and that the said CoonsCoons
never received, for negroes hire, between the two
dates above mentioned, except in the absence of
Duty from St. LouisSt Louis, any money; and that Duty
never paid to CoonsCoons any many, except that above
stated, except in general settlements above refered to.
Deponent further states, that during the business in
intercourse of Duty and D.Coons, which the deponent was
acquainted with there, the said Duty was always in
want of funds; and this was owing to his want of success,
and his losses in his pork operations. Said Duty shipped
his pork to Hendersons, of Vicksburg, Mississippi Duty,
in the winter of 1837, or spring of 1838 went to MississippiMississippi; to obtain
proceeds of his pork shipments, and this affiant understood from said Duty and others, that he received no
money on this account, but brought home notes
of some Missippi Bank, or Banks; and his return
with the bank notes aforesaid was in the spring of 1838.
Deponent thinks that the losses of Duty, on his pork speculations
above mentioned, must have been to the
amount of his investments therein, and a sum
of between four and five thousand Dollars. Deponent states
that on the night of the death of MiltonMilton Duty, at the
hour of about eleven o clock, he and G.W.CoonsG W Coons were
in bed at the house of David CoonsDavid Coons , and they were
then and there called on by PrestonPreston and the
white boy Gallaway, to go to the residence of Duty,
and informed that he was dead, or dying;