Hugh Richard v. Benjamin O'Fallen
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In the Circuit CourtCircuit Court
October Term 1817

Saint LouisSt Louis County to wit, HughHugh RichardRichard by his
attorney complains of BenjaminBenjamin O'Fallon OBenjamin O'Fallon FallenBenjamin O'Fallon of a
plea of trespass on the case upon promises,
To no the said Benjamin O FallenBenjamin O'Fallon
heretofore towit, on the first day of august in the year of our Lord one thousand eight hundred and sixteen at the County aforesaid,
in consideration that the said HughHugh RichardRichard at
the special instance and request of him the said
Benjamin O FallenBenjamin O'Fallon would engage himself to
and go along with the said Benjamin O FallenBenjamin O'Fallon
in the capacity of clerk on a certain trading
voyage which the said BenjaminBenjamin , then starting
on up the river MississippiMississippi, and its tributary,
streams and that the said HughHugh during the
said voyage would perform the duties of a
clerk to and under, the said BenjaminBenjamin ,
to the said Benjanium O Fallen undertook
and faithfully promised the said HughHugh
RichardsRichards to allow and pay the said HughHugh
for his service in the aforesaid capacity during the
said voyage at the rate and proportion of
four hundred dollars a year And
the said HughHugh RichardRichard in fact saith that
confiding, in the aforesaid promise and
undertaking of the said BenjaminBenjamin , he
did engage himself to and go along with

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the said Benjamin O. Fallen in the capacity of
clerk on the said trading voyage which the said
BenjaminBenjamin was then starting on up the river,
MississippiMississippi, and its tributary streams to wit all
the aforesaid and the said HughHugh that
he did during the said voyage perform the duties
of clerk to and under the said Benjamin OBenjamin O'Fallon
FallenBenjamin O'Fallon and the said HughHugh further in fact saith
that he was in the service of the said BenjaminBenjamin ,
on the said voyage for a long time towit for
ten months Nevertheless, the said BenjaminBenjamin O'Fallon
O FallenBenjamin O'Fallon not regarding his aforesaid promise and
undertaking did not and has not allowed and
payed the said HughHugh RichardRichard for his services in
the capacity aforesaid during the time that the said
HughHugh was in the service of the said BenjaminBenjamin
as aforesaid at the rate and proportion of four
hundred dollars a year nor hath the said BenjaminBenjamin ,
as yet paid the said HughHugh any thing
for his aforesaid services Bat so to do the often
requested hath hitherto, wholly refused and
still doth refuse

And for that whereas also the said
Benjamin O FallenBenjamin O'Fallon afterward towit on the
day an d year aforesaid at the county afore
said in consideration that the said HughHugh RichardRichard
at the like special instance and request of the
said BenjaminBenjamin would go along with and
serve him the said BenjaminBenjamin in the capacity
of clerk on certain trading voyage up the
river MississippiMississippi, and its tributary, streams he
the said Benjamin O FallenBenjamin O'Fallon undertook and then
and there faithfully promised the said HughHugh

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to allow and pay him for the time that he should
serve him the said BenjaminBenjamin as last aforesaid at
the rate and proportion of four hundred dollars
a year and the said HughHugh RichardsRichards in fact
saith that confiding in the said last mentioned, promise
and undertaking of him the said Benjanium he
did go a long with and serve the said BenjaminBenjamin O'Fallon
O FallonBenjamin O'Fallon in the capacity of clerk on certain
trading voyages up the river MississippiMississippi and its
tributary streams for a long time towit for
nine months towit at the county aforesaid the said BenjaminBenjamin O'Fallon ,
OBenjamin O'Fallon ,FallonBenjamin O'Fallon not regarding his said last men
tioned promise and undertaking would not and
did not allow and pay to the said HughHugh RichardsRichards
for the time he was, in the service of the said BenjaminBenjamin ,
as last aforesaid at the rate and propostion
of four hundred dollars a year nor hath
the said BenjaminBenjamin as yet paid the said HughHugh
any thing, therefor But so to do although
often requested hath hitherto wholly refused
and still doth refuse

And for that whereas also the said BenjaminBenjamin O'Fallon ,
O FallenBenjamin O'Fallon afterwards towit on the day
and year last aforesaid at the county aforesaid
in consideration that the said HughHugh RichardRichard
at the like special instance and request of
the said Benjanium would serve the said BenjaminBenjamin O'Fallon ,
O FallenBenjamin O'Fallon in the capacity of clerk during
and until the completion of a certain trading
voyage which the said BenjaminBenjamin was then
about making up the river MississippiMississippi, and

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its tributary, streams he the said Benjamin O FallonBenjamin O'Fallon
undertook and then and there faithfully promised
that said HughHugh to pay him therefor four hundred
dollars And the said HughHugh RichardRichard in fact
saith that confiding in the said last mentioned
promise and undertaking of the said BenjaminBenjamin
he did serve the said BenjaminBenjamin in the capacity,
of clerk during and until the completion of the said
last mentioned voyage towit at the county aforesaid Nevertheless, the said
Benjamin O FallenBenjamin O'Fallon not regarding his said last
promise and undertaking hath not as yet
paid the said HughHugh the said sum of four
hundred dollars or any past thereof But the
same to pay hath hitherto, wholly refused and
still doth refuse

And for that whereas also afterward towit
on the first day of august in the year of our Lord one thousand eight hundred and seven teen at the county aforesaid the said Benja
min O FallonO Fallon was, indebted to the said HughHugh
RichardRichard in the sum of other four hundred dollars
for the work and labor care and diligence, of
the said HughHugh before that time done and promised,
to and for the said BenjaminBenjamin and
at his like special instance and request, and
being so indebted he the said BenjaminBenjamin ,
in consideration, thereof afterward towit on
the day and year last aforesaid at the
county aforesaid undertook and faithfully

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promised the said HughHugh to pay him the said
last mentioned sum of money when he the
said BenjaminBenjamin should be thereto afterwards
requested Nevertheless, the said BenjaminBenjamin O'Fallon
O FallenBenjamin O'Fallon not regarding his last mentioned promise
and undertaking hath not as yet paid the
said HughHugh RichardsRichards the said last mentioned
sum of money or any part thereof but the
same to pay hath hitherto, wholly neglected
and refused and still doth neglect
and refuse to the damage of the
said HughHugh RichardRichard four hundred dollars
and therefore he brings his and suit,

J BartonJ Barton atty

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This summons was excuted on the 12th day of Augt1817 by reading to Benjamin O FallonBenjamin O'Fallon in the
Town of S LouisS Louis

John W. ThompsonJohn W Thompson


80
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No 42

St LouisSt Louis C Court
October Term 1817

HughHugh RichardRichard
vs
Benj O Fallen



This is an action of
Damage
$ 400 let a

atty

Filed August 11th 1817.

girk


for

M.P.Ledue

Clk
(Augt 11)
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Territory of MissouriMissouri
County of St LouisCounty of St Louis


ss

The United StatesUnited States of AmericaAmerica,
to the sheriff of said County
greeting

we command you to summon BenjaminBenjamin O'Fallon ,
O FallonBenjamin O'Fallon if he may be found, within your
bailiwick, that he be and appear before
the judge of our Circuit CourtCircuit Court to be held
at the Court house in the Town of St LouisSt Louis
within and for the county of St LouisSt Louis on the
second monday of October next then, there to any
unto HughHugh RichardRichard of a plea of trespass,
the upon promises, to the damages of the said
hundred Dollars, and have you then

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Witness M.P. LeducP Leduc , clerk of and said
court at the town of St LouisSt Louis this
eleventh day of August eighteen hundred and seventeen


A.M.Girk D Clk

for

Clerk

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Territory Of MissouriMissouri, County Of St. LouisSt Louis, sct.

The United StatesUnited States of AmericaAmerica, to the Sheriff of said County,
Greeting.

You are hereby commanded to summon TheodoreTheodore Haut,
that setting aside all manner of execuse and delay he be and appear in proper
person before the Judge of our Circuit court on the 14th day of February
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain matter of
controversy now pending in our said court, wherein HughHugh RichardsRichards ,
is plaintiff, and Benjamin O FallenBenjamin O'Fallon , defendant, on the
part of the plaintiff and have you then there this writ.

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Witness, MaryMary P.Leduc, Clerk of our said circuit court, at the town of
St. LouisSt Louis, this 12 th day of December in the year of our Lord, one thousand eight hundred and 17 and of the Inde
pendence of the United StatesUnited States, the 42nd

M.P LeducP Leduc ,

Clerk, St. LSt Louis.C.C. By

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75
25
18
20

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174
148

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Executed

33
33
80
33
1.79

J.W. Thompson

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St LouisSt Louis
February of 1818

HughHugh RichardsRichards ,
vs
B OO Fallon ,FallonO Fallon


St Louis County
for
TheodoreTheodore Haut,
February 14th 1818

y J BartonJ Barton ,

atty plff
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Territory Of MissouriMissouri, County Of St. LouisSt Louis, sct.

The United StatesUnited States of AmericaAmerica, to the Sheriff of said County,
Greeting.

You are hereby commanded to summon Thomas Handly,
that setting aside all manner of excuse and delay he be and appear in proper
person before the judge of our Circuit court on the 18th day of Febry
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain matter of
controversy now pending in our said court, wherein HughHugh RichardsRichards ,
is plaintiff, and BenjBenjamin O FallonO Fallon , defendant, on the
part of the Defendant and have you then there this writ.

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Witness, MaryMary P.Leduc, Clerk of our said circuit court, at the town of
St. LouisSt Louis, this 18th day of Febry in the year of our Lord, one thousand eight hundred and 18 and of the
Independence of the United StatesUnited States, the

M.P. LeducP Leduc ,

Clerk, St. LSt Louis.C.C. By

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HughHugh RichardsRichards
vs
BenjBenjamin OO Fallon ,FallonO Fallon

sub

Tho Handly

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Executed



ser 33
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Territory Of MissouriMissouri, County Of St. LouisSt Louis, sct.

The United StatesUnited States of AmericaAmerica, to the Sheriff of said County,
Greeting.

You are hereby commanded to summon Lilburn, W Boggs,
that setting aside all manner of excuse and delay he be and appear in proper
person before the judge of our Circuit court on the 18th day of Febry
at the town of St. LouisSt Louis, then there to testify and the truth to say in a certain matter of
controversy now pending in our said court, wherein HughHugh RichardsRichards ,
is plaintiff, and BenjBenjamin . O FallonO Fallon , defendant, on the
part of the Defdt and have you then there this writ.

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Witness, MaryMary P.Leduc, Clerk of our said circuit court, at the town of
St. LouisSt Louis, this 18 th day of Febry in the year of our Lord, one thousand eight hundred and 18 and of the Inde
pendence of the United StatesUnited States, the 42

M. P. LeducP Leduc ,

Clerk, St. LSt Louis.C.C.
By

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Executed



Ser 33
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HughHugh RichardRichard
vs
BenjBenjamin O FallonO Fallon

sub

L.W.Boggs