Bank of Missouri vs. William Clark
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county of St. LouisSt Louis

In the Circuit CourtCircuit Court October term 1823

The president Directors & company of the Bank of MissouriBank of Missouri by
Shother their attorny complain of William ClarkWilliam Clark of a plea of trespass on
the care, For that whereas James KennedyJames Kennerly heretofore to wit on the twelfth day of July in the year eighteen hundred and twenty two at St. LouisSt Louis in the
county aforesaid made his certain note in writing commony called a promissory
note, which is to the court here now shown by which said note he the said
JamesJames then and there promised to pay sixty day after the date thereof to the
said William ClarkWilliam Clark or order the sum of one thousand dollars for value
received without negotiable and payable at the Bank of Misssouri
And the said WilliamWilliam afterwards to wit on the day and year aforesaid at
the County aforsaid endorsed the said note in writing by which said
he the said Willian then and there ordered and appointed the said
sum of money in the said note specified to be paid to the said plaintiff
And the said plaintiff in fact say that afterward when the said note become due and payable court, on the thirteenth day of september in the
aforesaid at the county aforesaid the said note so endorsed as aforesaid
was presented and shown at the said bank of missouri for payment thereof
and payment of the said sum of money therein specified was then
and there duly required accordingly to the tenor and effect of the said
promissory note, but that neither the said JamesJames nor any other person
or persons on behalf of the said JamesJames , did or would at the said time
when the said promissory note was so presented and shown for payment thereof
as aforesaid or at any other time before or afterwards pay the said
sum of money therein specified or any part thereof but wholly neglected
and refused so to do. of all which said several premisis the said WilliamWilliam
afterwards to wit on the day and year case aforesaid at the County
aforesaid had notice, by means whereof the said william then and

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there became liable to pay to the said plaintiff the said sum of Two
note specified when he the said william should be thereunto afterwards requested
and being so liable he the said william in consideration thereof afterwads
to wit on the day and year last aforesaid at the county aforesaid undertook
and then and there faithfully promised the said plaintiff to pay then the
said sum of money when he the said william should be there unto afterwards
requested,

And whereas also the said WilliamWilliam afterwards to wit on the first day of July in the year eighteen hundred and twenty three at the county aforesaid was
indebted to the said plaintiff in the further sum of two thousand dollars
for so much money before that time had and received by the said WilliamWilliam
to and for the use of the said plaintiff; and being so indebted he the
said WilliamWilliam in consideration thereof afterwards to wit on the day and
year last aforesaid, at the county aforesaid undertook and then and
there faithfully promised the said plaintiff to pay then the said last
mentioned sum of money when he the said william should be thereunto
afterwards requested.

never the the said william although often requested has not
paid to the said plaintiff the said several sums of money or other of them
or any part thereof but to pay the same to the said plaintiff has hitherto
wholly neglected and refused and still neglected and refuses so to do,
to the damage of the said plaintiff of two thousand dollars and therefore
they being

Shother atty Plffs

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of the Bank of MissouriBank of Missouri
vs
William ClarkWilliam Clark &c

In the Circuit CourtCircuit Court , Oct. Term 1823

And the said plaintiffs say that the said declaration
and the matters therein contained in manner & form as the same are above
Estated & set forth, are sufficient in law for them the said plaintiffs to have
and maintain then aforesaid action thereof against him the said WilliamWilliam Clark
ClarkWilliam Clark , and the said plaintiffs are ready to & prove the same, as
the court here shall diced & award; wherefore in as much as the said WilliamWilliam
hath not answared the said declaration nor hitherto in any manner denied
the same, the said plaintiffs pray judgment, and their damages by reason of the
hot performing of the said several promises & undertakings in the
mentioned to be adjudged to them &c.

Shother for plffs

Filed November 4th 1823

A. GambleArchibald Gamble Clerk

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The state of MissouriMissouri. In the Circuit CourtCircuit Court Sct.

To the sheriff of St. Louis County:- Greeting -

We command you to summon William ClarkWilliam Clark that he be and appear
before the day of our Circuit CourtCircuit Court at the next term thereof
to be held at the City of St. LouisCity of St Louis within for the County of Yours
on the first monday of October next then and there to answer
unto the Directors and Company of the Bank of MissouriBank of Missouri
of a plea of trespass on the care to the damage of the said
Directors Company two thousand dollars, and have you
then there this writ

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Archibald GambleArchibald Gamble Clerk of our said
Court at office this Sixth day of Sept 1823

Archibald GambleArchibald Gamble Clerk

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No 76 October term 1823

Bank of MissouriBank of Missouri for the use and
benefit of the United StatesUnited States
vs
Wm. ClarkWilliam Clark &c

This is an action of
damage #2000. The clark will issue
a summons

Shother Allyplff

Filed Sept 5th 1823

Arch GambleArchibald Gamble Clerk

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Executed this writ on William ClarkWilliam Clark September 8th 1823, in the CityCity of St Louis
of St. LouisCity of St Louis, by giving the writ & Declaration to him to read and
his acknowledging service to the same

John K. WalkerJohn K Walker Sheriff

By Jr Simonds for D. Sff

Service $ 1.00
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William ClarkWilliam Clark
vs.
Bank of MissouriBank of Missouri

Apanio

The plaintiff and their Attorney
will take notice that they are required to
produce a certain deed of dated
the 20th of Jan 1823 from the paid plaintiff
to the United StatesUnited States in which is
mentioned and the promissory note
in the decleration mentioned, And this they
are required to produce on the of this
order they will give in the
of paid deed.

Mash & Pettis
Attys & Deft

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William ClarkWilliam Clark

Prisedent Directory
& Company of the bank
of missouri

And the said Defendant comes
& defend the wrong and injury when and C & says
that he did not undertake the or promise in manner
& form as the said plaintiff have above alleged
against him and of this he puts himself upon the country

Mash & pettis
Allys & Dept

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And for further this behalf the said
Defendant says that the said plaintiff
ought not to have or maintain their action
aforesaid thereof against there because he
says that before the commencement of this
suit to wit on the twelveth day of January in the year eighteen hundred and twenty three at St. LouisSt Louis to wit at the county aforesaid
the said plaintiff did by their
deed in writing under their seal bearing dew
in day & year last aforesaid
afrige & set over the promissory note in the said
declaration mentioned to the UnitedUnited States StatesUnited States
and thereby there and then and transfer
to the said UnitedUnited States StatesUnited States all the intereset of the
said plaintiff in and to the note aforesaid
and theif the said deed is in force and not
annulled and that the said plaintiff have

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no interest in the note aforesaid and this
he is ready to verfy wherefor he prays
judgment if the said plaintiff ought to
have or then action aforesaid
further against this Defendant

Demurrer to 2nd plea
Janidu & Shother

mash and pettis
Attys & Dpt

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Mr. Clark
ads
Bank MissouriMissouri

Pleas

filed June 22nd-1824

A GambleArchibald Gamble Clerk

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The president, Directory of company
of the Bank ofBank of Missouri MissouriBank of Missouri
vs
WilliamWilliam Clerk

In the Circuit CourtCircuit Court
June Term 1824

And the said plaintiff by their Attorney comes
and defend the wrong & injury when &c. and says as
to the first plea of the said defendant by him first
above pleaded & whereof he has put himself upon the
Country they the said plaintiff do the like

And as to the second plea of the said defendant
by him above pleaded the said plaintiff say that the said
plea and matter therein contained in manner and form
as the same are above pleaded and set forth are not
sufficient in law to bar the plaintiff from having &
maintaining there action aforesaid against him the
clark and that the plaintiffs are not bounded by the
law of the land to answer the same and this they
to verify, wherefore for want of a sufficient
plea in this behalf the said plaintiff pray judgment.

Shother Atty plffs

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BK Mn
vs
Wm ClarkWilliam Clark

filed June 22 1824

A GambleArchibald Gamble clerk

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The State of MissouriMissouri,
County of St. LouisCounty of St Louis,
Sct.

To the Sheriff of said county-Greeting:

We command you to attach Louis Bonpard
if he may be found within your bailiwick, and bring him forth-with
before the judge of our circuit court, now sitting at the city of StSt Louis.
LouisSt Louis, within and for the county of St. LouisSt Louis, then there to answer
unto the state of MissouriMissouri, touching a certain contempt by him committed,
in not attending as a witness in a case of The BankBank of Missouri ofBank of Missouri
MissouriBank of Missouri are plaitiff, and Louis Brageaw is
defendant, on the part of the
plaintiff after being legally summoned by the sheriff of the said
county, and have you then there this writ.

Witness A GambleArchibald Gamble clerk of our said court,
at the city of St. LouisSt Louis, this 25th day of June in the year of our Lord one thousand eight hundred and twenty four
and of our independance the

Archibald GambleArchibald Gamble Clerk

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Executed have the body of Bonpart in
Court June 25th 1824

K S Simmonds for Diff

service $ 1.00
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The Bank ofBank of Missouri MissouriBank of Missouri
vs
Wm. ClarkWilliam Clark
for

Louis BompartLouis Bompart

attachment
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The State Of MissouriMissouri,
County Of St. LouisSt Louis, Sct.

To The Sheriff Of St. Louis County--Greeting.

You are hereby commanded to Summon
Elias J Langham
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of
our Circuit CourtCircuit Court , fothwithat the City of St. LouisCity of St Louis,
then and there to testify and the truth so say, in a certain matter of controversy
now pending in our said
Court, wherein the Bank of missouri's plaintiff,
and WilliamWilliam Clark'sClark's defendant,
on the part of the defendant and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 22nd day of June in the year of our Lord, one thousand eight hundred and twenty four

A GambleArchibald Gamble

Clerk C.C.
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June Term 1824

Bank of MissouriBank of Missouri
vs
WilliamWilliam Clerk

for Eilas F Lavsher
forthwith
for Dept

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Elias T LanghamElias T Langham not found in my County June 22nd 1824

Jn Simmonds Jr.D.Sff