John O'Fallon, William Clark, et. al vs. Estate of Edward Hempstead
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State of MissouriMissouri
County of St. Louis Circuit CourtCircuit Court
October Term 1823

JohnJohn O'Fallon O FallonJohn O'Fallon William ClarkWilliam Clark
Auguste Choleau Bernard Gratte and Robert Mash
complain of Thomas HempsteadThomas Hempstead and CharlesCharles S Hempstead
S. HempsteadCharles S Hempstead Executors of the last mill and
testament of EdwardEdward Hempstead . HempsteadEdward Hempstead decased
of a plea of trespass on the case upon promises
For that whereas heretofore on the fourteenth day of June in the year eighteen hundred and twenty two at St LouisSt Louis to wit at the county aforesaid the said
defendants as Executors as aforesaid made their certain
note in writing commonly called a promissory
note bearing date the day and year aforesaid and now to the court shown by which said promissory note they the said
Defendants as afore Executors as aforesaid then &
there promised sixty days after the date of said
promissory note to pay to one ThomasThomas Hempstead HempsteadThomas Hempstead
and one CharlesCharles Hempstead HempsteadCharles Hempstead or to their order the
sum of five thousand eight hundred and five dollars
and eighty six cents for value received payable
and negotiable at the BankBank of Missouri of MissouriBank of Missouri without
defalcation and the said ThomasThomas Hempstead HempsteadThomas Hempstead &
CharlesCharles Hempstead HempsteadCharles 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 many
of the said promissory note and before the payment
of the said sum of money therein specified to wit

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on the day and year last aforesaid at the county aforesaid
indorsed the said promissory note to the ThomasThomas J Riddick
J ReddickThomas J Riddick by which said indorsement they the said
Thomas & Charles Hempstead then & there ordered and
appointed the said sum of money in the said promissory
note specified to be paid to the said ThomasThomas J Riddick JThomas J Riddick
ReddickThomas J Riddick and the said ThomasThomas J Riddick J ReddickThomas J Riddick 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 and on the day and year last
aforesaid at the county aforesaid the said
by the name and description of Thoff RiddickThoff Riddick
Past B K Missouri indorsed the said promissory note
to the said Plaintiffs by which said last mentioned indorsement
he the said ThomasThomas J Riddick J ReddickThomas J Riddick by the name and
description 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 means whereof the said Defendants as executors
as aforesaid 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 they the said Defendants executors
as aforesaid in consideration thereof afterwards to
wit on the day and year aforesaid at the county

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aforesaid undertook and then & there faithfully
promised their the said Plaintiffs to pay them
the said sum of money in the said promissory
note specified according to the tenor and
effect thereof.

And whereas also the said defendants as executors
as aforesaid afterwards to wit on the day and
year aforesaid at the county aforesaid made
then certain other promissory note in writing
bearing date the day and year aforesaid and
now to the court shown by which said promissory
note they the said Defendants as executors as aforesaid
then & there promised sixty days after the date
of said promissory note to pay to the one ThomasThomas Hempstead HempsteadThomas Hempstead
and one CharlesCharles Hempstead HempsteadCharles Hempstead or to their order the sum
of five thousand eight hundred and five dollars
and eighty six cents for value received payable
and negotiable at the Bank of MissouriBank of Missouri without
defalcation and the said ThomasThomas Hempstead HempsteadThomas Hempstead
and CharlesCharles Hempstead HempsteadCharles 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 promossory 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

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to one ThomasThomas J Riddick J RiddickThomas J Riddick by the name and
description of Thoff RiddickThoff Riddick Past B K Missouri
by which said indorsement they the said ThomasThomas Hempstead
HempsteadThomas Hempstead and CharlesCharles Hempstead HempsteadCharles Hempstead then &
there ordered and appointed the said sum of money in
the said promissory note specified to be paid to the said
ThomasThomas J Riddick J RiddickThomas J Riddick by the name and description
aforesaid and the said ThomasThomas Riddick RiddickThomas Riddick to whom
or to whose order the payment of the said sum of
money in the said promissory note specified was by
the endorsement 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 wit on the day and year last aforesaid at the
county aforesaid by the name and description on aforesaid indorsed the said promissory
note to the said plaintiffs by which said
last mentioned indorsement the said ThomasThomas J Riddick J RiddickThomas J Riddick by
the name and description 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
that afterwards to wit on the sixteenth day of August in the year aforesaid at the Bank ofBank of Missouri
MissouriBank of Missouri aforesaid to wit at the county aforesaid
the said promissory note was duly presented and shown

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[5]

to and at the said Bank of MissouriBank of Missouri 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 MissouriBank of Missouri nor the said Defendants
as executors as aforesaid nor any person or persons on
their behalf did or wound at the when the said
promissory note was as shown & presented for payment
thereof as aforesaid or at any other time before or after-
wards pay the said sum of money therein specified
or any part thereof but wholly neglected and refused
so to do. By means whereof the said Defendants
executors as aforesaid then & there became liable
to pay to the said plaintiffs the said sum of money
in the said promissory note specified accordin
when they the said Defendants executors as aforesaid
should be thereunto afterwards and they being so liable
they the said Defendants executors as aforesaid in consi-
deration thereof afterwards to wit on the day and
year last aforesaid at the county aforesaid under-
took and then & there truthfully promised them the
said plaintiffs to pay them the said sum of
money in the said promissory note specified when they
the said Defendants showed be thereunto afterwards
requested.

And whereas also the said Edward HempsteadEdward Hempstead in his lifetime heretofore to wit on
the day of Eighteen hundred and
at the county aforesaid was indebted to the said

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Plaintiffs in the further sum of five thousand eight
hundred and five dollars eighty six cents for so
much money by the said plaintiffs before that time
lent and advanced to the said EdwardEdward in his at his special
instance and request and in the further sum of
five thousand eight hundred and five dollars & eighty
six cents for so much money by the said plaintiffs
before that time paid laid out and expended to &
for the use of the said EdwardEdward in his lifetime and
at his like special instance and request and
in the further sum of five thousand eight hundred
and five dollars eighty six cents for so much money
by the said EdwardEdward in his lifetime before that time
had and to and for the case of the said Plain
tiffs and the said EdwardEdward being so indebted they
the said Defendants executors as aforesaid
in cousideration thereof afterwards to wit on the six-teenth day of August in the year eighteen hundred and twenty two at the county aforesaid undertook
and then & there faithfully promised them the said
plaintiffs to pay them the said several sums of
money last mentioned whenever they the said Defen
dants executors as aforesaid showed be thereunto
afterwards requested

the said Defendants (altho
often requested so to do and altho the said several sums of
money in the above counts specified have been long since

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[7]

due and unpaid have not paid to the said plaintiffs
the several sums of money in the above mentioned
counts specified or any part thereof two the same
to the said plaintiff to pay the said Defendants
have hitherto wholly neglected and refused and still
do refuse & neglect to the damage of the said
plaintiffs of ten thousand dollars and there
fore they sue & c.

PettisPettis
Atty p. q.

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193
October Term-1823
St. LouisCircuit Court Circuit CourtCircuit Court

Jnr O FallonO Fallon
& others
vs
EdwardEdward Hemp
stead: Exc.

slam

This is an action
of trespass on the case
upon premises
Damage $ 11.000

PettisPettis Atty

A GambleArchibald Gamble Clerk

filed 6th Nov 1823

A GambleArchibald Gamble Clerk

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St. Louis Circuit CourtCircuit Court
February Term 1824

ThomasThomas Hempstead Hempstead &
Charles S. HempsteadThomas Hempstead
Executors of EdwardEdward Hemp-stead deceased.
adsm. John O Tallon
William ClarkWilliam Clark
Auguste ChouteauAugust Chouteau
Bernard PratteBernard Pratte &
Robert WashRobert Wash

And the said ThomasThomas Hemp-
stead and Charles S. HempsteadCharles S Hempstead as executors as
aforesaid come and defend the wrong and inju-
ry when & C. and say that they the said Thomas
& Charles S. did not as executors as aforesaid
undertake and promise in manner and form
as the said plaintiffs have above thereof com-
plained against them, and of this they put
themselves upon the country &c.

and the said Pliffs
do the Pattis for

, and for a further plea in this
behalf as to the two first counts of said declaration
the said defendants as executors as aforesaid say,
that the said plaintiffs ought not to have or
maintain their aforesaid action thereof against
them as executors as aforesaid because they say,
that the said promissory notes set forth and
described in the said two first counts as two
separate and district notes, are one and the
same note, and that the said two first counts
are founded on one and the same note which
said note they the said defendants executed
on the said fourteenth day of June in the year of our Lord one thousand eight hundred and twenty two and at a period long subsequent

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to the death of the said Edward HempsteadEdward Hempstead
to wit at the county aforesaid and this they
are ready to verify wherefore they pray
judgment if the said plaintiffs ought to
have or maintain their aforesaid action
thereof against them the said defendants as
executors as aforesaid &c.

and for a further plea
in this behalf as to the two first counts in
said declaration the said defendants as execu-
tion as aforesaid say, that the said plaintiffs
ought not to have or maintain their afore-
said action thereof against them because
they say that the said Edward HempsteadEdward Hempstead the
defendants said testator was not at the time
of his death indebted in any sum either to the
said Charles S. HempsteadCharles S Hempstead & Thomas HempsteadThomas Hempstead
the payees of said notes in said two first.
Counts mentioned or to either of them or to the
said Thomas J. Reddick or to the said plaintiffs
nor was there then any contract or agreement
which had been made between the said ThomasThomas Hempstead
HempsteadThomas Hempstead & Charles SCharles S Hempstead . & the said EdwardEdward in his
life time or between the said Thomas J. Reddick
and the said EdwardEdward in his life time or be-
tween the said plaintiffs and the said EdwardEdward
in his life time by which the said defendants
as executors as aforesaid have since the death
of the said EdwardEdward been indebted or liable for damages then to the
said Thomas Hempstead & Charles S. Hempstead the
payees in said notes or to the said Thomas T.

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Riddick or to the said plaintiffs: and this they the
said defendants are ready to verify; wherefore
they pray judgment if the said plaintiffs ought
to have or maintain their aforesaid action
thereof against them as executors as afore-
said .C

and for a further plea in
this behalf as to the said first & second courts
of said declaration, the said defendants say
that the said plaintiffs ought not to have or main-
tain their aforesaid action thereof against
them as executors as aforesaid because
they say that after the death of the said EdwardEdward Hempstead
HempsteadEdward Hempstead to wit on the fourteenth day of June in the year aforesaid at the County afore-
said they the said defendants made and exe-
cuted the said promissory notes in the said
first and second counts mentioned and then
and there delivered the same to the said Thomas,
J. Riddick President & Directors & Company
of the Bank ofBank of Missouri MissouriBank of Missouri for & in consideration
of the sum of five thousand eight hundred five dollars eighty six cents by them
the said defendants then and there received of
and from the said President & Directors & Company
and by the said President & Directors
& Company then and there lent and advan-
ced to them the said defendants at their in-
stance and request and the said defendants aver
that the said plaintiffs are thirtees and agents of the
said President and Directors and Company volunta-

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rily appointed by the said President & Directors
& Company for the purpose of collecting certain
debts due to the said President & Directors and
Company and paying certain debts due and owing
by and from the said President & Directors and
Company and that the two promissory notes in
the said two first Counts act forth and mentioned
were transferred by the said RiddickRiddick as agent of
the said President & Directors & Company le-
gally authorized, to the said plaintiffs as such
trustees & agents as aforesaid to wit at the day
& year last aforesaid at the place aforesaid; and this
the said defendants are ready to verify: wherefore
they pray Judgment if the said plaintiffs ought
to have or maintain their aforesaid action
thereof against them U.C.

and for a further plea in this
behalf as to the first and second counts in said
declaration the said defendants say that the said
plaintiffs ought not to have or maintain their
aforesaid action thereof against them because
they say that an the said fourteenth day of June in the year last above mentioned they
the said defendents as executors as aforesaid made
and executed the said promissory notes in the
said first & second counts mentioned as
making of the same, and that the payees in
each of the said notes are the same identical
Thomas HempsteadThomas Hempstead and Charles S. HempsteadCharles S Hempstead

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in their own proper nights and capacities
and not as executors: and that afterwards to
wit on the day and year aforesaid at the place
aforesaid they the said Thomas HempsteadThomas Hempstead and
Charles J. Hempstead payees as aforesaid, endorsed
in their individual capacities and not as exec-
utors, the same notes and then and there de-
livered them to the said Thomas J. Riddick
who became the legal holder of the same: and that
afterwards and when the said notes became
due and payable to wit an the sixteeth day of August in the year aforesaid the
said notes were presented to them the said
defendants as executors as aforesaid as the
makers of said notes who then and there as
such executors neglected and refused to pay
the same of which premises the said Thomas
& Charles payees and indorsers as aforesaid afterwards, then and there had
notice, and so became legally liable to pay the
amount of said notes in their individual
capacity & not as executors as aforesaid: and
then and there promised in their individual
capacity & not as such executors to pay
the amount of said notes to said Ridick and
the said defendants in fact say that they are
both payees and makers of said notes in dif-
ferent nights as in this plea set forth
and that they are legally bound by their
said endorsment as aforesaid to pay the
amount of said notes in their individ-
ual capacity and not as executors as afore-

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said, and that they are discharged from
their liability as executors as aforesaid in
their executing said notes as makers there-
of: of all which premises, the said plaintiffs,
before and at the time of the endorsment
and delivery of said notes by said notes by
said RiddickRiddick to said plaintiffs, to wit on the
day and year last mentioned had notice;
And this the said defendants are ready
to verify: wherefore they pray judgment
if the said plaintiffs ought to have or main-
tain their aforesaid action thereof
against them U.C.

and for a further plea in
this behalf as to the first and second Courts
of said declaration, the said defendants
say that the said plaintiffs ought not to
have or maintain their aforesaid ac-
tion thereof against them, because they
say that they did make and execute the
said notes as in said Courts mentioned to
wit on the said fourteenth day of june as ex-
cutors as aforesaid; and that they the said
ThomasThomas and CharlesCharles defendants are the same
identical Thomas & Charles S. who are pay-
ees in their individual capacity as also
first endorsers of the same; and furthermore
that after the said notes were so made executed
and endorsed as in this plea mentioned to wit
on the day and year last aforesaid at the

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Exceuted on
on 2nd August

J. P. Brourn

Service
$ :50

July 1825

In O Jallon
vs.
E

for
Reddeck

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aforesaid Band then & there faithfully
promissed their she said Plaintiffs to pay them
the said sum of money in the said promissory
note specified according to the and
effect Through

And whereas also the paid Defendants as executors
as aforesaid afterwards to wit on the day and
year aforesaid at the county aforesaid made
certain other promissnary note in writing
bearing the day and year aforesaid and
now to the court shown by which said promissnary
note then & there promissed sixty days after the date
of said promissnory note to pay to the one ThomasThomas
and one Charles SCharles S Hempstead or to order the sum
of five thousand eight hundred and five dollars
and eighty six cents for value received payable
and negotiable at the Bank of MissouriBank of Missouri
defalcalcation and the said Thoms
and Charles SCharles S 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 therein
specified to on the day and year last aforesaid at the
county aforesaid the said promissory note

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twenty two at the County aforesaid, for and in
consideration of the sum of five thousand
eight hundred five dollars eighty six cents
by the President & Directors & Company of the
Bank of MissouriBank of Missouri then and there lent and
advanced to the said defendants & at their
request and this they are ready to verify: wherefore they pray Judgment if the
said plaintiffs ought to have or maintain their
aforesaid action thereof against them the
said ThomasThomas Hempstead Hempstead & Charles S.HempsteadThomas Hempstead
as executors as aforesaid &.C.

Chrs S. Hempstead
atty for deft

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St Louis Circuit CourtCircuit Court

ThomasThomas Hempstead HempsteadThomas Hempstead
Chrs S. Hempstead Extrs
of EdwardEdward Hempstead HempsteadEdward Hempstead
advm
Jno O fellow &
others
Pleas,

filed February 11th 1824

A GambleArchibald Gamble Clk

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John O FallonJohn O'Fallon & others
vs
Chal. I Hempstead
& Thomas HempsteadHempstead
Execution of EdwardEdward Hempstead HempsteadEdward Hempstead

Plaintiff for implication
to the several pleas and all of
said Defendants above pleased and set forth
& say that they ought not to be barred or
from having or maintaining their action
aforesaid against them the said Defendants
because the said plaintiff say that the
said several pleas above pleaded except the first are not
sufficient in law neither is any one of there
sufficient in law to or do the
said plaintiff from having or maintain
-ing their action aforesaid against them
the said defendants and that by the law of
the land they are not found to answer the
said pleas or any of them the first wherefor for
of a sufficient plea in this
the said plaintiff pay judgment and their
& costs

for the non complained by the said
Defendant of
&C. aforesaid Mash &

Attys
for plff.

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and the defendants as executory as aforesaid
came & say that the said pleas above demanded
to one good and sufficient in law to have
the said plaintiff from having & maintaining

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his action aforesaid, which they are ready to verify and of this they pray Judgment
&c.

Ch. S. Hempstread
atty for

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John O. Fallon
& Others
vs

Char F. & Tho
HempsteadHempstead
&c.

Filed July 5th 1824

A. GambleArchibald Gamble
Clk

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

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

You are hereby commanded to Summon J J Riddick
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Circuit CourtCircuit Court ,
on the forteenthday ofat the City of St. LouisCity of St Louis, then and there to testify and the truth to
say, in a certain matter of controversy now pending in our said Court, wherein In O FallonO Fallon & others
plaintiff, and EEdward Hempstead HempsteadEdward Hempstead
defendant, on the part of the and have you then there this writ.

Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St. LouisCity of St Louis, this 2nd day of augt in the year of our Lord, one thousand eight hundred and twenty five

A GambleArchibald Gamble

Clerk C.C.
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Executed on ThosThomas F Riddick
F. RiddickThomas F Riddick on 2nd august

J. P. BrownBrown
Dshff

Service $ #:50
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July 1823

In O FallonO Fallon and others
&
E Hampstread Exts

for F J Riddick