John O'Fallon, William Clark, et. al vs. Missouri Fur Company
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StateMissouri of MissouriMissouri
County of St. LouisCircuit Court
Circuit CourtCircuit Court
June Term 1823

John O. Fallon WilliamWilliam Clark
ClarkWilliam Clark Bernard Pratle AugusteAugust Chouteau ChoteauAugust Chouteau
and Robert WashRobert Wash complain of ThomasThomas Hempstead
HempsteadThomas Hempstead CharlesCharles I. HempsteadHempstead Executor &
mary lisa Executing of ManuelManuel Lisa LisaManuel Lisa deceased
JoshuaJoshua Pilcher PilcherJoshua Pilcher Joseph PerkinsJoseph Perkins Andrew
Dripps Angus W Mc Leonard AndrewAndrew Woods William
H Lucian Fortenelle &
Moses B Carson surrving partners of
ThomasThomas Hempstead HempsteadThomas Hempstead CharlesCharles I HempsteadHempstead Ex.
and mary LisaLisa Ex. of Manual LisaManuel Lisa deceased
JoshuaJoshua Pilcher PilcherJoshua Pilcher Joseph PerkinsJoseph Perkins . J. B. Lenone
Andrew Dripps Robert JonesRobert Jones AndrewAndrew Woods
Angus W. M. Leonald WilliamWilliam
LucianLucinda Fortenelle & modes B. Carson
partners & Waders doing business under in name and style
of the missouri Fur CompanyMissouri Fur Company of a plea
of trespass on the case upon promises for
that whereas here to for to wit on the nineteenth day of April in the year Eighteen hundred and twenty two at St. LouisSt Louis
to writ at the county aforesaid the said
Defendants together with the said RobertRobert Jones
JonesRobert Jones & the said J. B. Lenone partners and waders as aforesaid made their
certain note in writing commonly called a prom
-issory note bearing date the day and year aforesaid
and now to the court shown by which said
promissory note they the said defendants
together with the said Jones & Leonone
then & there promised sixty days after the
date thereof to pay to one ThomasThomas Hemp
stead or order the sum of four thousand
dollars for value received without
negotiable and payable at the Bank of
missouri. And the said ThomasThomas Hempstead HempsteadThomas Hempstead
to whom or to whose order the payment of
the said sum of money in the said promissory note
specified was to be made after the making of the said
promissory note and before the payment of the said
sum of money shown specified to wit on the day
and year last aforesaid at the county aforesaid
endorsed the said promissory note to the President
& Company of the Bank of MissouriBank of Missouri
and thereby then & there ordered and appointed
the said sum of money is said promissory note

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specific to be paid to the said President
and Company of the Bank of MissouriBank of Missouri

And the said President and Company
of the Bank of MissouriBank of Missouri (by the name and
of Thoff Riddich Pres. B K Missouri) to whom
or to whose order the payment of the said sum of money
in the said promissory note & specified was
by the indorsement aforesaid directed to be made after the
making of the said promissory note and before the payment
of the said sum of money therein specified to
not on the day and year aforesaid at the country aforesaid
indored the said promissory note to the said
Plaintiffs by which
said last mentioned indorsement the said President
& Company of the Bank of MissouriBank of Missouri (by
the name and aforesaid) then & there
ordered and appointed the said sum of money in
the said promissory note specified to be paid to
the said Plaintiffs, by mums whereof they the
said defendants together with the said JonesJones Lenone &
LenoneJones Lenone then & there became liable to pay to
the said Plaintiffs the said sum of money in
the said promissory note specified according to the
tenor and effect thereof; and being so liable
the said defendant together with the said
JonesJones Lenone & LenoneJones Lenone ( farmers and traders as aforesaid)

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in consideration thereof afterwards to wit on
the day and year aforesaid at the county aforesaid
undertook then & there faithfully promised
them the said Plaintiffs to pay then the
said sum of money in the said promissory
note specified according to the tenor and effect
thereof

And whereas also the said defendants together
such the said JonesJones Lenone & LenoneJones Lenone , afterwards
to wit on the Twenty first day of June and year aforesaid at the
county aforesaid indebted to the said Plaintiffs
in the further sum of four thousand dollars
for so much money before that time by the
said plaintiffs and & and for the use of the said
defendants together with the said JonesJones Lenone & LenoneJones Lenone
and at there special instance and requested,
paid laid out and expended; and in the fur
ther sum of four thousand dollars for so much
money by the said Plaintiffs before that time lent
and advanced to the said defendants and the said
JonesJones Lenone & LenoneJones Lenone and at their like special instance
and request; and on the further sum of four
thousand dollars for so much money by the said
defendants together with the said JonesJones Lenone & LenoneJones Lenone
before that time had and received to and for

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the use of the said Plaintiffs and being so indebted
they the said Defendants together unto
the said JonesJones and Lenone) in consideration
thereof afterwards to wit on the day and year
aforesaid at the county aforesaid underlook
and then & there faithfully promised them
the said plaintiffs to pay them the said
sums of money aforesaid when they should
be thereunto afterwards requested
the said Defendants and the said JonesJones Lenone & LenoneJones Lenone
law not paid (at the often requested so to do &
altho the said several sums of money have been
long since due and unpaid) nor have
of then paid to the said plaintiffs the said several
sums of money aforesaid or any part thereof
but the same to the said plaintiffs to pay the said
Defendants and the said JonesJones Lenone & LenoneJones Lenone have
witherto wholly refused and the said Defendants
still so refuse to the damage of the said
plaintiffs of six thousand dollars and
therefore they sue &C.

PettisPettis
Atty p. q.

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And whereas also afterwards to wit on the day and year
last aforesaid at the county aforesaid the said Defendants
together with the said JonesJones Lenone & LenoneJones Lenone & accounted

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wish the said plaintiffs of and concerning divers
other sums of money before that time due and
owing from the said Defendants and the said
and to the said plaintiffs and then &
there being in arrear and unpaid and upon such
accounting the said Defendants together with the
said JonesJones Lenone & LenoneJones Lenone were then & there found in anear
and to the said plaintiffs in the further sum
of four thousand
dollars and being so found in anear and indebted
they the said Defendants with the said JonesJones Lenone & LenoneJones Lenone
in consideration thereof afterwards to writ on
the day and year last aforesaid undertook
and then & there faithfully promised the said
plaintiffs to pay then the said sum of money
where they show be thereunto afterwards requested
the said Defendants altho often
requested so to do have not paid the said plaintiffs
the said sum of money or any part thereof
wether have there of them paid the same
nor have the said JonesJones Lenone & LenoneJones Lenone paid
but the same to the said plaintiffs to pay
the said defendants and the JonesJones Lenone & LenoneJones Lenone have
hitherto wholly refused and neglected
the said Defendants should do refuse and neglect
to the damage of the said plaintiffs of six
thousand dollars and therefore they sue &c.

PettisPettis Atty
p. q.

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And whereas also the said defendants and the said
JonesJones Lenone & LenoneJones Lenone hereto for to unto or the said nineteenth day of April in the year eighteen hundred and twenty two
at St. LouisSt Louis the county St. LouisSt Louis to wit at the county aforesaid
made their certain note in writing commonly called
a promissory note bearing date the day and year
afoursaid and now to the court shown by which
said promissory note the said defendants and the said Jones & Leonone then & there promised sixty days after
the date thereof to pay to one ThomasThomas Hempstead HempsteadThomas Hempstead
or order the sum of four thousand dollars for value
received without defalcation negotiable and payable at the Bank of MissouriBank of Missouri and the said ThomasThomas Hempstead HempsteadThomas Hempstead to whom
or to whose order the payment of the said sum of money
in the said promissory note specified was to be made after the
maring of the said promissory note and before the payment
of the said sum of money therein specified to wit on the day
and year last aforesaid at the county aforesaid
in dorsed the said promissory note to the Thomas Reddieth
(by the name and decerption of
Prs B K Missouri) by which said indorsement the
said ThomasThomas Hempstead HempsteadThomas Hempstead then & there ordered and
appointed the said sum of money in the said promissory
note specified to the said Thomas Riddieth (by
the name and deserption aforesaid) And the said Thomas
Reddieth by the name by the name and aforesaid,
to whom or to whose order the payment of the said
sum of money in the said promissory note specified
was by the indorsement aforesaid to be made

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after the making of the said promissory note and before
the payment of the said sum of money therein specified
to wit on the day and year last aforesaid at
the county aforesaid indorsed the said promissory
note to the said Plaintiffs by which said indorsement
the said ThomasThomas by the name &
deserption aforesaid then & there ordered and
appointed the said sum of money in the said promissory
note specified to be paid to the said Plaintiffs
and the said Plaintiffs over that afterwards to
wit on the twenty first day of June on the year aforesaid
at the Bank of MissouriBank of Missouri aforesaid the said promissory
note was duly presented and shown to and at the Bank
aforesaid for payment thereof and payment of the said
sum of money therein specified was then & there duly required
according to the tenor and effect of said promissory
note, but that neither the said bank of MissouriMissouri nor
the said defendants or the said Jones & Leonone nor any
other person or persons on behalf of them and 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 negleted
and refused so to do; of all which said By means whereof
the said defendants and the said Jones & Leonone then &
there became liable to pay to the said Plaintiffs the
said sum of money in the said promissory note specified
when they the said defendants and the said Jones & Leonone
should be thereunto afterwards requested and being
so liable they the said defendants and the said Jones
& Leonone in thereof afterwards to wit

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on the day and year last aforesaid at she county
aforesaid undertook and then and there faithfully
promised the said plaintiffs to pay their the said
sum of money in the said promissory
note specified when they the said Defendants
and the said Jones & Leonone should be there unto afterwards
requested the said Defendants and
the said Jones & Leonone altho often requested
so to do, have not nor had when of them paid
to the said Plaintiff the said sum of money in the
said promissory not specified or any part thereof
but the sum to the said Plaintiff to pay the said
Defendants and the said Jones & Leonone have
to wholly neglected & refused and the said Defendants still do
neglect & refuse to the damage of the said Plaintiff of
six thousand dollars and therefore they sue & C.

PettisPettis Athy
P.q.

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192
St Louis Circuit CourtCircuit Court
October Term 1823

JohnJohn O'Fallon OJohn O'Fallon FallonJohn O'Fallon
& others
vs
Missouri Fur CompanyMissouri Fur Company

This is an action of trespass on the case upon promises
Damage $6,000
Let a summons for

Petter
Atty

A GambleArchibald Gamble Clk

filed 6th Nov 1823

A.GambleArchibald Gamble Clk

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In the Circuit CourtCircuit Court St. Louis County
John O FallonJohn O'Fallon William ClarkWilliam Clark Bernard Pralte

AugustAugust Chouteau ChouteauAugust Chouteau & Robert NashRobert Nash
JoshuaJoshua Pilcher PilcherJoshua Pilcher vs An Woods & Mc Donald
ThomasThomas Hempstead HempsteadThomas Hempstead Charles Hempstead
Ext of Manuel LisaManuel Lisa decd. St. MaryMary Lisa of
Manuel Lisa decd. which said ThomasThomas Charter
and JoshuaJoshua Pitcher. Woods and Donald
are impleaded much

WilliamWilliam H
Van der berg to Moses B
Cansen

And the said Defendants Joshua AndrewAndrew & August and, Thomas HempsteadThomas Hempstead ,
I HempsteadHempstead Execute & Mary LisaMary Lisa Ex of ManuelManuel Lisa LisaManuel Lisa
decd impleaded as aforesaid - come by then Attorney
and defend the & Injury when or are
of said promissory in said declination mentioned
is read to them in these words

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St LouisSt LouisApril 19. 1822

Sixty days after date we promise to pay to ThomasThomas Hempstead HempsteadThomas Hempstead on order four thousand Dollars
for value received without defalcation negotiable and payable
at the Bank of MissouriBank of Missouri (Signed) Thas HempsteadHempstead
ac `p

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. Tho HempsteadHempstead -
Tho HempsteadHempstead ac - P m 26
Thoff Reid dick Pis Prk Miss

which being read & heard said Defendants
say that they did not promise
in as they said plaintiffs have
there of above in their said declaration complained
agreement them & of this said Defendants do
put upon the County

Fams SpaldingSpalding for Dfts

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Prk Marker
vs
Thomas HempsteadThomas Hempstead
plea nor

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

To the Sheriff of St. Loius countyâGreeting.

You are hereby commanded to Summon Wm Hempstead &
that setting asie all manner of excuse and delay they be and appear in proper person before the Judge of our circuit
court on thefourteenth day ofat the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein O FallonO Fallon
& others are plaintiffs,
and MissouriMissouri Fur Company Fur CompanyMissouri Fur Company are defendants on the part of
the plaintiff and have you then and there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this 2nd day of August in the year of our Lord, one thousand-eight hundred & 25

A GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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Executed on
E F. Hempstead
& Wm Hempstead
on the 2nd Augt.- 1826-

Jnr. K WalkerK Walker
plff

fees $ 100
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July 1823

In O FallonO Fallon to they
vs
MissouriMissouri Fur Company FurMissouri Fur Company C

for Wm. Hampstead
E. S. Hampstead
forthwith