Louis Tayon v. Etienne Malbeuf
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Territory of MissouriMissouri,
St Louis County,


In the Circuit Court of the term
of October One Thousand eight hundred and fifteen

Louis TaylorTaylor , plaintiff complains, of
defendant of a plea, of trespass, on the case for that
whereas, the said defendant on the first day of January one thousand eight hundred and ten at the town of St.
Charkes, in the then district, of st Charles, and territory,
of LouisianaLouisiana, to wit at the town of St LouisSt Louis in the Coun-
ty of St. LouisSt Louis, and within, the jurisdiction, of this court,
was indebted, to the said plaintiff, in the sum, of ninety,
five dollars and eighty five cents correct money, of the
UnitedUnited States, StatesUnited States for [  divers, ] goods & chattels, was and
by the said peaintiff before that time,
sold and delivered, to the said defendant, at his
special, instance and request and being so indebted,
he the said defendant in thereof
afterwards to wit, on the same day, and year afore,
said at the town of StSt Charles CharlesSt Charles, aforesaid to wit, at
the town and county, of St. LouisSt Louis aforesaid, and within,
the jurisdiction, aforesaid, undertook and faithfully,
promised, the said plaintiff to pay him, the said sum,
of Ninety five dollars, and eighty five cents, when
he should be, thereto afterwrds, requested
and whereas afterwards to, wit on the same day and
year aforesaid at the town of St CharlesSt Charles, in the then
district of StSt Charles, CharlesSt Charles aforesaid to wit at the town of
St. LouisSt Louis in the CountyCounty of St Louis, of St. LouisCounty of St Louis aforesaid and within
the jurisdiction, of this court, in consideration, that
the said plaintiff, at the request of the said
defendant had before, that time, sold & delivered,
to the said defendant divers, other goods & chattels,
and the said defendant
then and then undertook and faithfully promised, the
said plaintiff to pay him, so much money as he
therefore reasonably deserved, to have and the said
plaintiff that he there, for reasonably deserved,
to have of the said defendant other ninety, five

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dollars and, eighty five cents, like money, at the
town of St CharlesSt Charles, in the district, of St CharlesSt Charles, afore
said to wit, at the town and CountyCounty of St Louis, of St LouisCounty of St Louis aforesaid,
aforesaid, and within the jurisdiction, aforesaid, where
of the said defendant had notice afterwards, to wit,
on the same day and year aforesaid. And whereas,
the said defendant afterwards to wit, on the same day
and year aforesaid, at the town of St CharlesSt Charles, in the
district, of St CharlesSt Charles aforesaid, to wit at the town and
CountyCounty of St Louis, of St LouisCounty of St Louis together with
the said plaintiff of and
of money from the said defendant to the said plaintiff
due and owing, and then and unpaid,, and
upon that account the said defendant was found to
to the said plaintiff in
other nintey, five dollars and eighty five cents, of
like lawful money and being so found in arrears and indebted, he the said defendant in consideration,
therefore, afterwards, to wit on the same day and
year aforesaid, at the town and district, of St CharlesSt Charles,
aforesaid, to wit at the town, and CountyCounty of St Louis, of St LouisCounty of St Louis
aforesaid undertook, and faithfully promised, the
said plaintiff to pay him the said last mentioned
sum, of money, when he should thereunto,
afterwards requested,. And whereas afterwards to wit,
on the same day and year aforesaid, at the town and
district, of St. CharlesSt Charles aforesaid, to wit at the town and
CountyCounty of St Louis, of St. LouisCounty of St Louis aforesaid, in consideration that
the said plaintiff at the like request, of the said
defendant, before the time
for the said defendant meat washing and
lodging, and other he the, said defendant then & there,
undertook &, faithfully promised, the said plaintiff to pay him
so, much money as he therefor reasonably deserved, to have where,
he the said defendant should be thereto, afterwards requested
and the said plaintiff that he therefore, reasonably deserved,
to have of the said defendant twenty five dollars of
like lawful money at the town and district of St CharlesSt Charles
aforesaid, to wit at the town and county, of St. LouisSt Louis aforesaid,
within, the jurisdiction aforesaid,, when of the afterwards to wit on,
same day and year aforesaid then, had notice,

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And whereas the said defendant was indebted, to the said
plaintiff in twenty dollars of like lawful money for the
use and of a certain room, and apartment,
to wit one room in, and part, and of, a certain of the said plaintiff, situate in the
Town and district, of StSt Charles,. CharlesSt Charles aforesaid to wit in the
Town and county of St. LouisSt Louis aforesaid,, and within the jurisdic,
tion aforesaid, by him the said defendant, and at his
request, and by the permission, of the said plaintiff for
a long time to wit for the space of three months before, then
had held, used, and
and being so indebted he, the said defendant in conside-
ration then of, afterwards to wit on the same day & year,
aforesaid, at the town and district, of StSt Charles, CharlesSt Charles aforesaid,
to wit at the town and county, of StSt Louis, LouisSt Louis aforesaid and within
the jurisdiction aforesaid, undertook and then there, faithfully
promised the said plaintiff to pay him the said sum of
money when he should be, thereto afterwards requested,

And whereas in consideration that the said plaintiff the like
requested, the said defendant had before, that time permitted,
the said defendant
a certain other, room and apartment to wit one other
room, in, and part, and parcel, of a certain of the said plaintiff situate in the town and district,
of StSt Charles, CharlesSt Charles aforesaid, to wit in the town and County ofCounty of St Louis StCounty of St Louis, LouisCounty of St Louis
aforesaid, and within the jurisdiction aforesaid, and that the
said defendant according to that had used
occupied possessed and, enjoyed the same for a long time to wit
for the space of five month before then he the said
defendant then undertook, and faithfully promised,
the said plaintiff to pay him so much money as he therefor,
reasonably deserved to when he to requested, and the said plaintiff that he
therefore reasonably deserved, to have of the said defendant
other twenty dollars of like, lawful money â at the town
and district of StSt Charles, CharlesSt Charles aforesaid, to wit at the town and,
county of StSt Louis, LouisSt Louis aforesaid and within the jurisdiction aforesaid,
when, of the said defendant afterwards to wit on the same
day and year aforesaid, there had notice

And whereas the said defendant afterwards to wit on the

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same day and year aforesaid at the town and district of StSt Charles,
CharlesSt Charles aforesaid to wit, at the town and CountyCounty of St Louis, of St. LouisCounty of St Louis
aforesaid and within, the jurisdiction, aforesaid was indebted,
to the said plaintiff in other ninety,
five dollars eighty five cents of like, money, for money, by the said plaintiff
before that time, said out and paid to for, the
use, of the said defendant, at his special instance, and
request and for other money by the said plaintiff before that
time lent, and advanced, to the said defendant, at his like
request, and for other money by the said defendant before that
and for of the said plaintiff,
and being so indebted, he the said defendant, in consideration,
afterwords to wit, on the same day and year aforesaid
at the town and district, StSt Charles. CharlesSt Charles, aforesaid to wit, at the
town and county of, St. LouisSt Louis aforesaid and within the jurisdiction,
aforesaid undertook, and there and then faithfully promised,
the said plaintiff to pay him the said last, mentioned sum, of money when he should be then to afterwards requested,
yet the, said defendant, although often reminded, hath
not, yet paid the said any part
pay the same
part thereof. to the said plaintiff hath hitherto wholly refused,
amd stoll doth refuse, to the said plaintiff his damage
one, hundred and twety, five dollars and therefore he
brings his suit,

EastonEaston , and LucasLucas ,
p. q.

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Territory, of MissouriMissouri,
CountyCounty of St Louis Louis, of St LouisCounty of St Louis Louis

LouisCounty of St Louis Louis the plaintiff in the foregoing declaration maketh oath, and saith that
in the above declaration, is justly,
indebted to him the sum of twenty five dollars,
twenty five cents, for and accounts
one that he verily believes, he he said
said defendant ought to, be held to in the
sum, of one hundred and twenty, five dollars, in
order, to secure said debt and costs, of suit, â

sworn, to before, me
the Judge, of, the Circuit court, of the
CountyCounty of St Louis, of St LouisCounty of St Louis2nd day of Aug 1815.

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No 18.

St Louis CircuitCircuit Court
CourtCircuit Court October Term 1815

Louis TayonTayon ,
vs.
Extence

This is an action on the
case. let a and
in a
plea, of trespass on the,
and
for $ 125 to
the Plaintiff

Let the Sheriff, take bail,
in the sum, of one hun,
dred, dollars 2 augt 1815.



by

u.

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filed 2nd August 1815

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Executed, this writ,
2nd August 1815, served this writ by reading the,
same and declaration, to the
Defendant

Bond $1.50
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town of s'Louis aforesaid, then second day of of
the year of our Lord one thousand eight hundred
and sixteen and of our Independence, the fortieth,

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U P Ledue clk SL Ct,

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Etrian Malbough,
ver
Louis TayonTayon ,

In the circuit court, Slouis. county,
October Term 1815

And, the said defendant, by his attorney comes,
and defends, the charge of the wrong â injury, where
he and in in the
said plaintiff, in his said declaration hath alleged, and of
this, he puts, himself on, the court,.

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for further plea, in this behalf, the said defendant says,
the said plaintiff, of having â maintaining, his his, said
against him ought, to be barred â precluded because,
that be upon himself and promise,
and of the plaintiffs,
in this case to wit within five years next before,
the in the year, one eight,
hundred and fifteen,, and this he is ready to verify â prove,
costs.

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In in this behalf the said defendant,
saith of having â maintaining,
his said action, thereof against her ought, to be barred
â precluded because, he says that he did, at the county,
aforesaid, on the day of one thousand,

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eight hundred â fifteen, will truly pay â satisfy, to the said
plaintiff the said term of many ya and this he
is ready to verify â, prove wherefore, he prays judg
ment this into

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the plaintiff will
law of of this territory, the said defendant
will claim as an affect the sum of thirty dollars
one , and lue by this said defend
- ant, â delivered to said plaintiff as his the
sum of sixty dollars, you the
line for the span of three years.
of the plaintiff and the sum of twenty dollars, you
goods wares â merchandize, and unto
him the said plaintiff by said defendant as his
and also another sum of sixty
dollars for his work labour â service to the
said defendant then him her performed
for the plaintiff,

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Etrien Malbough

Louis TayonTayon ,

Filed,Oct 10th 1815

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Louis TayonTayon ,

In the Circuit CourtCircuit Court ,
St Louis County,
may term 1816

And for [ suplication ], to the first
plea, of the defendant above,
pleaded, the plaintiff saith,
he doth, the like

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And for [ suplication ], to the second,
plea of the defendant above,
pleaded, the said plaintiff, saith
be aught not, to be barred,
precluded from having,
and maintaining his action,
therof against, him the defendant,
because, he saith, that he did
approve, and promise â undertake,
upon himself, ( in manner, and
form, as in the declaration, as
sanctioned) within five years,
the oath of the plaintiff writ, in this case
and this he prays, may be
of lay the

and to
P.9

and for [ suplication ], to the third,
plea of the defendant above,
pleaded the, said plaintiff, saith that he aught
not to be barred, and precluded,

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from having or maintaining,
his action thereof against, him
said defendant, because, he
saith that the said defendant,
did not will, and by pay
satisfy, the plainteff the said sums,
of money, in the declaration in,
sued, for, as the defendant, in
his, said third plea, has alledged,
and this he prays, may be the

P.9

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Louis TayonTayon ,

Etienne MalbeufMalbeuf ,

filed,8th - May 1816

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Know all men by these presents, That we Etienne,MalbeufMalbeuf
and Manuel LisaManuel Lisa , are held and firmly
bound unto John W. ThompsonJohn W Thompson , sheriff of the county of St. LouisSt Louis, his assigns or successors
in office, in the sum of one hundred, dollars
currency of the United StatesUnited States, to which payment well and truely to be made, we bind our-
selves and each of us by himself, our and each of our heirs, executors, administrators and
assigns, firmly by these presents. Sealed with our seals and dated this 2d day ofAugust in the year of our Lord one thousand eight hundred and fifteen

The condition of the above obligation is such, That if the above bound Etienne,
Maulbouf shall appear at the next circuit court, to be held at the town of St. LouisSt Louis, on the
second mon,day in october, next to answer unto Louis TayonTayon in,
a plea of trespass, on the Case, to the damage of the said Louis TayonTayon ,
One hundred twenty, five dollars,
and if judgment be given against him at that or any subsequent term of said court, that
the said Etienne MalbeufMalbeuf , will pay the
aforesaid and costs, or the amount of the condemnation of the court, or surren-
der myself, in execution thereof, or that the said ManuelManuel Lisa ,LisaManuel Lisa
will do it for him; then the above obligation to be void, else to remain in full force and
virtue in law.

Signed sealed and delivered
in the presence of
Etienne, his

X

mark Maulbout,
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Mannel Leia

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Territory Of MissouriMissouri, County Of StSt Louis. LouisSt Louissct.


The United StatesUnited States of AmericaAmerica to Margaret Benoit, let Seraphim
Greeting:

You are hereby commanded
that setting aside all manner of excuse and delay you be and appear in proper
person before the judge of our circuit court on the Tenth day of April next,
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain mat-
ter of controversy now pending in our said court, wherein Louis TayonTayon
is plaintiffs and Etienne MalbeufMalbeuf , defendant, on the
part of the defendant, and have you then there this writ.

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Witness MaryMary P LeducP Leduc Clerk,
of our court at the town of StSt Louis. LouisSt Louis this27th day ofNovember in the year of our Lord, one thousand eight hundred andfifteen and of the Independence of the United StatesUnited States, the fortieth,

Clerk of St. LSt Louis. C.C.
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S'Louis Circuit court
April Term 1816

Louis TayonTayon
vs
Eteinne MalbeufMalbeuf ,

for
Margaret Benoit
Seraphim,
St LouisSt Louis
10th April 1816

Executed



-33

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Territory Of MissouriMissouri, County Of St. sct.

The United StatesUnited States of AmericaAmerica to Marguerite Benoit, let Seraphim,
Greeting:

You are hereby commanded
that setting aside all manner of excuse and delay you be and appear in proper
person before the judge of our circuit court on the Eight day of may
at the town of StSt Louis. LouisSt Louis, then there to testify and the tuth to say in a certain mat-
ter of coatroversy now pending in our said court, wherein Louis TayonTayon
is plaintiff and Etienne,MalbeufMalbeuf defendant, on the
part of plaintiff and have you then there this writ.

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Witness MaryMary Philips Leduc Clerk,,
of our said court at the town of StSt Louis. LouisSt Louis this29th day ofApril in the year of our Lord, one thousand eight hundred andsixteen and of the Independence of the United StatesUnited States, the fortieth,

M. P. LeducP Leduc ,

Clerk of St. LSt Louis. C.C.
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StCircuit Court ,Louis Circuit CourtCircuit Court
May term 1816

Louis TayonTayon
vs
Etienne MalbeufMalbeuf ,

for
MargaretMargaret Benit le
Seraphim,
StSt Louis, LouisSt Louis
8th-may

Executed




Loias for

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Territory Of MissouriMissouri, County Of StSt Louis LouisSt Louissct.

The United StatesUnited States of AmericaAmerica to The Sheriff of Louis Greeting.

You are hereby commanded to summon, Morgant Benoit St Seraphim,
that setting aside all manner of excuse and delay she, be and appear in proper
person before the judge of our circuit court on the fifth day of Augustnext
at the town of StSt Louis. LouisSt Louis, then there to testify and the truth to say in a certain mat-
ter of controversy now pending in our said court, wherein Louis TayonTayon ,
is plaintiff and Etienne MalbeufMalbeuf , defendant, on the
part of the defendant, and have you then there this writ.

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Witness MaryMary PP Leduc LeducP Leduc , Clerk
of our court at the town of StSt Louis. LouisSt Louis this17th day ofJune in the year of our Lord, one thousand eight hundred andSixteen and of the Independence of the United StatesUnited States, the fortieth,

M. P.

Clerk of St. LSt Louis. C.C.
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Saunt Louis Circuit
Cour August Term 1816

Louis tayon
vs
Etienne MalbeufMalbeuf ,

Subp for MargaretMargaret ,
Bunoit St Seraphim,

on 5th day of august 1816

Executed

Jn. W Thompson shff


service, 33

E. Lucas for plff