John P. Cabanne and Antoine Chenier, merchants trading under the firm name of Cabanne and Chenier vs. Amable Steine, Executor for the Estate of Louis Beaudoin
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Territory of MissouriMissouri
Northern Circuit
In Chancery

To the Honorable Silas
Bent, AlexanderStuart and John BJohn B C LucasLucas
Judges of the Court of Chancery for the
Territory aforesaid:

The Bill of Complainant of John PJohn P Cabanne .
CabanneJohn P Cabanne and AntoineAntoine Chenier ChenierAntoine Chenier merchants
trading under the firm of CabanneCabanne and
Chenier Complainants against LouisLouis Beaudoin
BeaudoinLouis Beaudoin Defendant

Showeth unto your Honours
that some time in the month of October
one thousand eight hundred and fifteen
your orators entered into a contract with the
said LouisLouis Beaudoin BeaudoinLouis Beaudoin to go as a clerk or
trader in the service of your oratorsup the
MissouriMissouri River and its tributary waters
on trading voyage and delivered to him a
considerable quantity of merchandise, to the
value of four thousand five hundred and
thirty eight dollars twenty seven cents; and
for his services on the said voyage agreed
to pay him the sum of three hundred
dollars; the said, Louis value on his
part agreeing to trade and barter the said
goods with the Indians on the MissouriMissouri
and its waters and to bestow due care,
diligence and attention upon the conducting
of the said business; That in pursuance of the
said agreement, the said LouisLouis Beaudoin BeaudoinLouis Beaudoin

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proceeded up the MissouriMissouri in charge of the said
goods, but in trading with the indians and
in conducting the businessentrusted to him
so grossly misconducted himself, by being
frequently intoxicated; by quarrelling with
and driving away the indians professing to
trade with him, by sometimes refusing to
trade with them, by trading the said goods.
at improper seasons and by selling to other
traders the articles most in demand among
the indians and which were necessary to
secure a market for the remainder and
by other neglect and mis-management
that the whole returns of the said voyage
amounted to no more than two thousand
and ten dollars / a copy of the account
of articles returned is herewith filed as
anexhibit marked "A", which your orator
pray may be taken as a part of their
and referred to when there shall be
occasion/ less than one half of the outfit
That in consequence of the facts stated
of unfaithfulness and mis-management
your oratorsconceived themselves Justified
in refusing and did refuse to pay to
the said LouisLouis Beaudoin BeaudoinLouis Beaudoin the wages which
they had agreed to pay him for his
services as aforesaid; upon which refusal
the said LouisLouis Beaudoin BeaudoinLouis Beaudoin commenced a
suit against your orators in the CircuitCircuit Court
CourtCircuit Court for the County of St. LouisCounty of St Louis, for the
recovery of the said wages; that upon the

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trial of the said cause, your orators attempted
to defend themselves from the payment of
the said wages by shelving the misconduct
and negligence of the said LouisLouis Beaudoin BeaudoinLouis Beaudoin
as aforesaid as a failure to perform his
part of the said contract, but this attempt
was overruled by the Court which decided
that as the said LouisLouis Beaudoin BeaudoinLouis Beaudoin had in some
manner performed his contract by proceeding
on the voyage, your orators could not give
in evidence his negligence and unfaithfulness
as a defense against his demand
for wages; but that your orators only
remedy was by an action upon the contract against him: A Judgment was
therefore rendered against your orators
by the said Court for the said sum of
three hundred dollars, on which judgment
an execution has been issued and
lodged with the Sheriff of St. Louis
County; And the said Sheriff is about
proceeding to levy and collect the same
from your orators: And your orators
show that they havecommenced a suit,
in the said circuit Court, returnable to
the next term of the said Court against
the said LouisLouis Beaudoin BeaudoinLouis Beaudoin on the contract
aforesaid, in which they trust to recover
against the said BeaudoinBeaudoin a much
larger amount than the sum of three
hundred dollars recovered against them
as aforesaid, But your orators further
show that the said LouisLouis Beaudoin BeaudoinLouis Beaudoin is

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much in debt and entirely insolvent and
should the said judgment of three hundred
dollars be collected and paid over
to him; your orators in the event of
obtaining a Judgment against the said
BeaudoinBeaudoin , will be utterly unable to obtain any satisfaction thereof; but will
forced to submit to the loss of the said
three hundred dollars in addition to the
veryserious loss which they have already
sustained from the conduct of the said
BeaudoinBeaudoin : In consideration whereof and
in as much as your orators are entirely
remediless unless by the aid of this
Honorable Court, To the end therefore
that the said LouisLouis Beaudoin BeaudoinLouis Beaudoin
may true full and perfect answer
make to all and singular the
matters and things herein before
set forth in as ample a manner as
if the same were here again repeated
and he thereunto interrogated. And
more particularly that the said LouisLouis Beaudoin
BeaudoinLouis Beaudoin may answer & . And that
in the event of your orators obtaining a
Judgment against the said BeaudoinBeaudoin
so much of it may be set off against
the Judgment of the said BeaudoinBeaudoin as
may be necessary to extinguish and
satisfy the same and that the Judgment of the said BeaudoinBeaudoin may be
perpetuallyenjoined; your orators
giving credit for the amount on the
Judgment to be obtained by them;

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of oration of others they believe the same to be true

Sworn to &subscribed this
day of September AD 1819before
me

J.VJ V Garnier . GarnierJ V Garnier JP
obtained
AntoineAntoine Chenier ChenierAntoine Chenier

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And that your orators may have such
other and further relief as the nature
and circumstances of their case may require;
May if please your Honours to
grant to your orators a summons or
writ of subpoena issuing out of their
Honorable Court and directed to the
said LouisLouis Beaudoin BeaudoinLouis Beaudoin , commanding him
in court a certain day and under certain
penalty therein to be limited to be
and appear before your Honors in this Honorable Court then and there to stand to
and abide by such order and answer as
to your honours shall seem equitable
in the promise & may it please your
Honours to grant to your orators a
writ of injunction to to be directed to the
saidLouisLouis Beaudoin BeaudoinLouis Beaudoin his counsellors
attorniessolicitors and agentsand
the Sheriff of St. Louis County commanding
andenjoining them to desist and
refrain from enforcing the execution
aforesaid against the property or bodies
of your orators until the final order
and decree of this Court. And your
oratorswillpray

CarrCarr &Harper
Complainantssolicitors

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Territory of MissouriMissouri
In the Superior CourtSuperior Court
Northern Circuit
ss.

JohnJohn P Cabanne PJohn P Cabanne CabanneJohn P Cabanne &AntoineAntoine Chenier ChenierAntoine Chenier being duly
sworn on their oaths & say that the matters and
things stated in the written Bill of complaint sofar as they come within their
own knowledge, are true and what is related byproceeding from the

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NorthernCircuit

No 78

CabanneCabanne Chenier & ChenierCabanne Chenier
vs
LouisLouis Beaudoin BeaudoinLouis Beaudoin
Bill for injunction

CarrCarr & Harper
Solicitors

my fee on the within
$ 9.9 0

J.VJ V Garnier .GarnierJ V Garnier clk

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Territory of MissouriMissouri
St Louis County

John PJohn P Cabanne CabanneJohn P Cabanne and AntoineAntoine Chenier
ChenierAntoine Chenier , being duly sworn, as in the oath that
the matter and things stated in the within
Bill are true so far as the same are related
as of their own knowledge and what are
reflectedupon on the information of others,
they believe to be true

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Third Judicial District to wit:

The State of MissouriMissouri to the Sheriff of Louis County greeting

WhereasJohn PJohn P Cabanne .CabanneJohn P Cabanne & AntoineAntoine Chenier ChenierAntoine Chenier lately in our Superior CourtSuperior Court of Chancery
for the district aforesaid before the Chancellor thereof hath recovered against AmableAmable
Steineexecutor of LouisLouis Beaudoin BeaudoinLouis Beaudoin deceased the sum of Twenty Two Dollars and ninety five
cents for their costs in that suit expended as appears to us of Record - these are there
fore to command you that of the goods & chattles of the said LouisLouis Beaudoin BeaudoinLouis Beaudoin deceased remaining
in the hands of the said executor, and of the lands, tenements and hereditaments of the said
testator you cause to be made the said costs awarded as aforesaid And that you have the
same before the chancellor of our superior court of chancery aforesaid on the first monday of
Februarynext to render to the said CabanneCabanne Chenier & ChenierCabanne Chenier the said sum of Twenty Two
Dollars and ninety five cents, costs, as aforesaid - And that you certify to our said
chancellor you execute this writ, and have you then there this writ:

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In witness whereof David HolmesConrad clerk of our said Court hath
hereuntoaffixed his private seal (no seal of court being yet procured)
at office, StSt Louis. LouisSt Louis this fifteenth day of December in the year of our Lord eighteen hundred and Twenty one and of the State the second

DHConrad

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noFeby Term 1822
78

CabanneCabanne Chenier & ChenierCabanne Chenier
versus
for

AmableAmable Steinesolicitor
of LouisLouis Beaudoin BeaudoinLouis Beaudoin Dead

Clerk Garnier $ 9.95
Clerk C C 3.00
SolicitorsCarrCarr & Harper 10.00
Executor & trustee 2.00
$14.95

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In the SuperiorSuperior Court court
Northern Circuit
ss:

The United StatesUnited States of AmericaAmerica to LouisLouis Beaudoin
BeaudoinLouis Beaudoin his attornies councellorssolicitors or
Agents and to the Sheriff of the County of StCounty of St Louis
LouisCounty of St Louis Greetings-

Whereon It hath been represented to our Judge of our Superior CourtSuperior Court of our Territory
of MissouriMissourisitting as a Court of Chancery in and for the Northern Circuit on
the part of JohnJohn P Cabanne PJohn P Cabanne CabanneJohn P Cabanne andAntoineAntoine Chenier ChenierAntoine Chenier complaining against
You the said LouisLouis Beaudoin BeaudoinLouis Beaudoin Defendant that sometime in the month of October
of the Year eighteen hundred and fifteen the Said complainants entered into
a contract with You the said defendant to go as a clerk or trader
in the Service of said complainants up the MissouriMissouriRiver and its tributary
waters on a trading voyage and delivered to You a considerable quantity
of merchandise to the value of four thousand five hundred and thirty eight
dollars twenty Seven cents, and for your Services on the Said Voyage
agreed to pay You the Sum of three hundred dollars, You agreeing on
Your part to trade and barter the said goods with the Indians on
the MissouriMissouri and itswaters and to bestowdue care, diligence and
attention upon the conducting of the Said business- That pursuant thereto
you proceeded up the MissouriMissouri in charge of the Said goods, but in trading
with the Indians and conducting the businessentrusted to you So grossly
misconducted yourself by being frequently intoxicated, by quarelling with
and driving away the Indiansprofessing to trade with You by Sometime
refusing to trade with them, by trading the Said goods at improper Season
and by Selling to other traders the articles most in demand among
the Inidans, and which were necessary to securea market for
the remainder and by other neglects and mismanagement that the whole
returns of the Said Voyage amounted to no more than two thousand
and two dollars, less than one half of the out fits- That in consequence
of such mismanagement or malconduct the complainantsconceived
themselves justified in refusing and did actuallyrefuse to pay to you
the Said Louis, the wages agreed upon for Your Services as aforesaid-
that when such refusal You the Said LouisLouis Beaudoin BeaudoinLouis Beaudoin commenced a suit

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against the Said complainants in the Circuit CourtCircuit Court for the County of St LouisCounty of St Louis
for the recovery of the Said Wages- That when the trial of the Said Wages
the complainants attempted to defend themselves from the payment of the
Said Wages by showing Your Misconduct and negligence as a failure
to perform Their part of the Said contract but written attempt were
over ruled by the court which decided that as you the Said Louis had in
Some measure performed Your Contract by proceeding on the Voyage
the complainants Could not give in evidence You Negligence and â
unfaithfulness as a defense against Your demand for wages, but
that their only remedy was by an action whom the contract against you
that a Judgement was therefore rendered against them by the Said court
for the Said Sum of three hundred dollars, on which Judgement an
execution has been issued and lodged with the Sheriff of St LouisSt Louis county
who is about proceeding to levy and collect the Same Therefore It was
prayed that they might have an injunction for stay of yours the
defendants proceedings at law, until the hearing of the same- We therefore
in consideration of the promises aforesaid do strictlyenjoin and command you
the Said LouisLouis Beaudoin BeaudoinLouis Beaudoin Your councellorsattorniessolicitors or agents that
You and each of you desist from taking execution against the Said complainants
whom the Judgment aforesaid, So as aforesaidrendered against them
and you the said sheriff if the execution aforesaid be actually lodged with
You, that youdesist from serving or levying or collecting the Same from
the Said complainants until the hearing of this case by our Said
SuperiorSuperior Court court sitting as a court of chancery as aforesaid-

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Witness The Honourable Silas BentSilas Bent Esquire
Residing Judge of our Said Court at St LouisSt Louis this
twenty fifth day of September in the year of our Lord one thousand eight hundred and nineteen and
of our Independence the forty fourth

J.VJ V Garnier . GarnierJ V Garnier clk S.C.N.C

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SuperiorSuperior Court court northern Circuit
April Term 1820
inchancery

JohnJohn P Cabanne PJohn P Cabanne CabanneJohn P Cabanne AntoineAntoine Chenier
ChenierAntoine Chenier vs
LouisLouis Beaudoin BeaudoinLouis Beaudoin &C BrownBrown St. LouisSt Louis
Injunction

CarrCarr &HarperSolicitors

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Theanswer of LouisLouis Beaudoin BeaudoinLouis Beaudoin to the Bill of
complaint of JohnJohn P Cabanne P CabanneJohn P Cabanne of AntoineAntoine Chenier ChenierAntoine Chenier
Complainants -

The said Defendant saving & reserving to
himself now and at all times hereafter all of
all manner of benefit and advantage of exception
to the manifold uncertainties and imperfections
in the complainants said bill of complaint
contained for answer thereunto, or
unto somuch thereof as materially concerns
this Defendant to make answer unto he answereth
and saith - that true it is sometime
in the month of October one thousand eight
hundred of fifteen
heentered into a contract
with the said complainants to go for them as
a clerk or trader up the MissouriMissouririver, and
its tributory waters, to trade with the indians
for which the said complainants agreed to
pay him the sum of three hundred dollar
but there was no express agreement as to the
manner in which the said defendant should conduct
himself in the said business - but it was left
to begoverned by the ordinary operations of law
as other agreements of that hired one. This Defendant
can not be supposed to have contracted, for any
very of his clerkship during the
voyage - as hecanneither read nor write - which
was never known to the said complainants
of this defendant consisted in his knowledge
of the Indian tongues, & of the Indians, with
whom he was going to trade. His
his manners, & habits, have been known to the
complainants for this great many years, and
he has acquired no new habits during that voyage

This Defendant was not sent alone on the said
trading voyage - nor was he solelyentrusted with

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the management of the goods, this brother JosephJoseph Beaudoin
BeaudoinJoseph Beaudoin was employed by the said complainants
on the same voyage, and was authorized to trade
a part of the said good with the Indians. The
object of intentionwas, that the said goods should
be taken up the MissouriMissouri to the Indians trading
ground and should then be divided and
sent to different trading ground, as might
them be thought best for the interest of the
employers. This Defendant does not know
the amount of goods which the said complainants
sent on that voyage. This defendant proceeded
up the MissouriMissouriaccording to his agreement
and traded with the Otos of IowaIowa when hetraded
together with his brother for a considerable length
of time. Hethentook part of the said good
& left his brother and went among the PanisPanis
& traded until the trading season was over
when he returned to St. LouisSt Louis with the
avails of his voyage and delivered them up to the
Complainants together with all the papers
relating to the same. The said Complainants
received the petitions & papers from this Defendant
without expressing any dissatisfaction, as this
Defendant knew of at that time. Some time
afterwards when called on for the pay they
began to frame excuses, sometimes of one
kind, some time of another to delay him -
After that they began to claim some reduction
of the wages of this Defendant, on the ground
that some of the goods had been stolen by the
Indians - which were not stolen however from
the inventory of this Defendant - but from the inventory

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of JosephJoseph Beaudoin BeaudoinJoseph Beaudoin , at other times they pretended
other excuses with as those alledged in their
bill of complaint, against paying the stipulated
amount of wages - but they offered to pay this
Defendant one hundred of fifty dollars for his said services
and the said Cheniergave this Defendant to understand,
that if he would marry the said
Chenier'' sister, he would pay him the
whole. This defendant, which he was in the
employment of the said complainants conducted
their business faithfully awarding to the
best of his judgment. As to his being frequently
intoxicated as stated in the said complainants
bill, true or false, this Defendant
conceives he is not bound to answer the same
as they have not alledged that it any way interfered
with his business. They might have as well
alledged that he grossly misconducted himself
by profanelyswearing - or in committing fornication -
or any other immorality, and have required
him to answer it. As to quarelling with the Indians
and driving them away, he did; not neverwantonly by
or without good cause - It was in deference of the
entrust of his employers that he did it. Toprotect
their property & rights he has more than once been
obligedtooppose the indian with force at the iminent
hazard of his life. He has beenthroughdanger
and involuntary hard ship, which the regular
trader among civilized proper knows nothing of
and he has been obliged to conduct himelf according
to the circumstances in which he was
placed, and the manners of the people with whom
he was trading - It might not be considered correct

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to behave rudely to a white customer, for the
same conduct, which would render it necessary of
people to turn away an indian. The conduct of
a trade with the Indian must be justified or
condemned by all the circumstances attending his
with them, which cannot in general
be fully known, to any, but himself. This Defendant
can say that how much he may have erred
in judgment - he has always done, what he thought
under the circumstances was best for his employers
He has neverdriven away indians proffering to
trade with him, or refused to trade with them -
when he thought he could trade to advantage
but on the contrary he has usedeveryinducement
of exertion in his power to gain their trade.
One of the particular instances of misconduct
reliedupon by the Complainants against this Defendant
was in driving away the Iowas. In order to show
how the good transaction may be made
bad by the manner in which it may be
related by persons unacquainted with the circumstances,
it is only necessary to relate the parts as they
really occurred on that occasion. The Iowas had
been engaged to come & trade by
the promise of 2 small kegs of whiskey,
containing1 gallon each. - They came, &
in order to summon their good will some
whiskey was dealt out to them. They became
noisy and unquestioned. They demanded more
whiskey and threatenedtotake it byforce
if it was not given to them. This Defendant
thought it high time to turnthem out of the
store, which he effected with some difficulty
andflungtheirfunds out after them, as he
conceived he had no right to obtain them

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the Indians then commenced an attack upon
the store, and attempted to break it open
and they actually did get in, and break up a small
keg of whiskey - and yet this Defendant is found fault with for offering them.
As to trading the goods at improper seasons
he may have doneso, tho he is not sensible
of it He was always governed in his trade
by his best judgment - But as to his selling
any of the goods to other traders it is untrue
in fact - As to the returns of the said voyage
amounting to no more than two thousand and
ten dollars, this defendant is unable to say; as all
the papers relating to the said voyage weregiven
up to the said Complainants upon his return
But this he can state that only part of the
goods probably about one half weretraded by him - that his brother
traded a considerable part - and further that
a part of the said goods werestolen from
the said Joseph BeaudoinJoseph Beaudoin by the Otos at the
time this Dependant was with the PanisPanis
consisting of kniveshandkerchiefs, vermillion
and about 2 hundred pounds, of balls - this
Defendant neverembezzled any of the said
goods - but traded all that came to his possession
to the best advantage hecould; or returned
them to the said complainant together with
the avails of those her sold -

This Dependant is not much indebited: nor is
he insolvent - he is fully able to pay all debts that
he owes - and heis as willing to pay them,
as the Complainants are there, - and hehopes or
eithermore so - He denies that the said Complainants
have any cause of action against him

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But even if they had, he believes that they
would not find half the difficulty in collecting
a judgment against him. - that he has
found in getting his honest dues from them -
He feels himself able to pay $5.00 above all
his just debts - without that, there is any
other matter as thing material or necessary
for this Defendant to make answer unto
and not herein of hereby will & sufficient
by answered unto confessed or avoided - traversed
or denied, is true - Whereforehe prays that
the injunction granted in this case may be
dissolved and that he may have his
reasonable costs & charges in this behalf
most wrongfully sustained as judged to him

Louis his mark
BeaudoinBeaudoin

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Territory of MissouriMissouri
Northern Circuit
St.

LouisLouis Beaudoin BeaudoinLouis Beaudoin the withinrespondant being duly
sworn his oath saith that the matter fact States in the
within answer, as of his ownknowledge, are true, and those
resulting from the information of others, he believes the same
to be true -

Sworn to &subscribed this
28th day of September 1819
Beforeme

J. V. GarnierJ V Garnier JP

Louis his BeaudoinBeaudoin
mark

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Know Allmen by These presents that we JohnJohn P Cabanne PJohn P Cabanne CabanneJohn P Cabanne AntoineAntoine Chenier
ChenierAntoine Chenier as principals as MarieMarie PP Leduc LeducP Leduc as surety are held and verilybound
untoLouisLouis Beaudoin BeaudoinLouis Beaudoin his heirs and assigns with sum of seven hundred and
fifty dollarslawful money of the United StatesUnited States, to be paid to the said
LouisLouis Beaudoin BeaudoinLouis Beaudoin his heirs and assigns to which payment well and truly to be
made we bind ourselves our heirs executors and administrators firmly
by these presents sealed with our seals and dated this twenty fourth day of september in the year of our Lord one thousand and eight hundred and nineteen

Whereas the above bounded year John PJohn P Cabanne .CabanneJohn P Cabanne and AntoineAntoine Chenier ChenierAntoine Chenier
have this day obtained from the Honorable the SuperiorSuperior Court court of the Territory
of MissouriMissouri sitting as a court of chancery an injunction to stayproceedings
at law upon a certain judgmentrendered in the circuit court of the
county of St louisSt Louis is a certain case wherein the said LouisLouis Beaudoin BeaudoinLouis Beaudoin is
plaintiff and the said CabanneCabanne Chenier &ChenierCabanne Chenier are defendants until the final
hearing of this case

now This condition of the above obligation is such that if the
said John PJohn P Cabanne . CabanneJohn P Cabanne &AntoineAntoine Chenier ChenierAntoine Chenier shall pay all the money due or
to be due on the judgment aforesaid and costs to the Said LouisLouis Beaudoin BeaudoinLouis Beaudoin
and also all Such costs and damages as shall be awarded against
them in case the injunction shall be dismissedthenthisobligation
to be void else to be and remain in full force & virtue
Test

Cabanne

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AntoineChenier

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M PP Leduc LeducP Leduc

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Cabanne&Chenier
vs
LouisLouis Beaudoin BeaudoinLouis Beaudoin
Bound
Injunction

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Amount of the outfit entrusted
to LouisLouis Beaudoin BeaudoinLouis Beaudoin by CabanneCabanne Chenier
& ChenierCabanne Chenier
$4538.27
The returns 500 Beaver a $3 $1500.
200 Robes 2.25 250.
40 Otter 3. 120.
120 Caps 40
300 Deer skins 33 1/3 100. & 20 10.
Loss $2528.27

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8
8

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``A Nos''