President and Directors of the Bank of Missouri FBO John O'Fallon v. William Rector
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State of MissouriMissouri
County of St LouisCircuit Court
Circuit CourtCircuit Court
June Term 1824

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The President and Directors and
Company of the Bank of MissouriBank of Missouri who sue
to & for the use & benefit of John O FallonJohn O'Fallon . RobertRobert Wash
WashRobert Wash . William ClarkWilliam Clark . Auguste ChoteauAugust Chouteau &
Bernard PratteBernard Pratte by their Attorney complain
of WilliamWilliam Rector of a plea of Trespass
on the case upon promises for that whereas
heretofore to wit on the sixth day of Novem-ber in the year one thousand eight hundred and twenty one at St LouisSt Louis to wit at the
county aforesaid one EliasElias Rector made
his certain note in writing commonly called a
promissory note bearing date the day and year
aforesaid and now to the court shewn by
which said promissory note the said EliasElias
then & there promised sixty days after date
thereof to pay to the said WilliamWilliam Rector
or order the sum of Five thousand Eight hun
dred and eighty eight dollars negotiable and
payable in the MissouriMissouri Bank without depos
ition for value received and the said WilliamWilliam
Rector to whom or to whom order the payment of the
said sum of money in the said promissory

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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 wit on the day and year last aforesaid at
the county aforesaid indorsed the said prom
issory note and by the said indorsement then
& there ordered & appointed the said sum
in the said promissory note specified to be
paid to the said Plaintiffs according to the
tenor and effect of the said promissory note
And the said Plaintiffs in fact say that afterwards,
when the said note became due and payable
according to the tenor and effect thereof to wit
on the eighth day of January in the year Eighteen hundred and twenty two in the MissouriMissouri Bank at
the county aforesaid the said promissory note
so indorsed as aforesaid was duly presented &
shewn for payment thereof in the said MissouriMissouri Bank and payment therof
was duly required but that the said MissouriMissouriBanknorEliasElias Rector
did not nor would when the said note was repres
ented & shewn for payment as aforesaid or at any time before or afterwords pay the said sum of money therein specified
or any part thereof, but wholly neglected &
refused so to do; of all which said several prem
ises the said Defendant afterwards to act
on the day and year last aforesaid at the
county aforesaid had notice by means whereof
the said defendant then & there became liable.

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to pay to the said plaintiffs the said sum
of money in the said promissory note
specified when he the said Defendant
should be thereuntoafterwards requested and being
soliable he thesaidDefendant in
consideration thereof afterwards to
wit on the day and year last aforesaid
at the county aforesaid undertook and
& then faithfully promised them the
said plaintiffs to pay them the said
sum of money in the said promissory
note specified when he the said Defendant
should be thereuntoafterwards requested.
Nevertheless the said Defendant altho, often
requested so to do hath not paid to the said
plaintiffs the said sum of money in the
saidpromissory note specified or any
part thereof but the to them
to pay the said Defendant has hitherto
wholly neglected and refused and still does
refuseto the damage of the said plaintiffs
of ten thousand dollars & therefore they
sue

Pltts'
Atty
p.q.

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No. 3

Circuit CourtCircuit Court
June Term 1824

The President
& Directors of
Company of the
Bank of MissouriBank of Missouri
who sue to
JohnJohn O'Fallon OFallonJohn O'Fallon
vs
WilliamWilliam Rector

Filed February 20th 1824

A GambleArchibald Gamble Clk

This is an action
of on
an indorsed promissory
note Let asum
monsissueDamage
$10.000

Pltts'
Atty
p.q.

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Served this writ
on Wm Rector,
the defendant, on
the 21st February 1824 by
giving it
and the declaration
to him to read&
his acknowledg
ing the Service in
the City of St LouisCity of St Louis

Jno K. WalkerJohn K Walker
Sheriff

Service $1,00
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County of St LouisCounty of St LouisSs
The State of MissouriMissouri

To the Sheriff of said County
Greeting

We command you to summon WilliamWilliam Rector that he be
and appear before the Judge of ourcircuit court within and
for the county of St LouisSt Louis on the first monday in June next
then and there to answer unto the President Directors and
Company of the Bank of MissouriBank of Missouri who sue to the use
of John O FallonJohn O'Fallon RobertRobert Wash WashRobert Wash WilliamWilliam Clakr AugusteAugust Chouteau
ChouteauAugust Chouteau and BernardBernard Pratte PratteBernard Pratte of a plea of trespass on
the case upon promises to the damage of said Plaintiff
of Ten Thousand Dollars and that you have
then there this writ

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Witness Archibald GambleArchibald Gamble Clerk of our said
Court at office this twentieth day of February 1824

Archibald GambleArchibald Gamble Clerk

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The President & Directors
& Company of the BankBank of Missouri
of MissouriBank of Missouri to the use
vsWilliamWilliam Rector

And the said Plaintiffs for application
to the said several pleas of the said Defendant
first and secondly above pleaded says that as the
said first plea aforesaid wherein the said Defendant
putshimself upon the country &c the said plaintiff
do the like And as to the said recorded plea
of the said Defendant the said plaintiff say
that they ought not to be banned or precluded
from having or maintaining their action for
against him the said Defendant because they
say that the said Defendant did not
upon the commencement of this suit to to witon
the first day of february in the year of ourLord Eighteen hundred and twenty four well they
pay to the said plaintiff the said sum of
money the said mentionedand
this they pray may be inquired of by the
country &c.

WashWash &

Atty for
Pltffs

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Bank
MissouriMissouri &
vs
Wm Rector

()

filed July 9th 1824

A GambleArchibald Gamble
Clk

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The President & Directors
& Company of the BankBank of Missouri
of MissouriBank of Missouri to the use &c
vs
WilliamWilliam Rector

St Louis Circuit CourtCircuit Court
June Term 1824

And the said WilliamWilliam , by GeyerGeyer
his attorney, comes and defends the wrong and injury
when and says that he did not undertake and or
promise in manner and form as the said plaintiffs
have above there of complained against him, and of
This, he puts himself upon the country &c.

MissouriMissouriGeyerGeyer for deft

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And for further plea in this behalf the said
defendant says that the said plaintiffs ought not to
have or maintain their aforesaid action there of against
him, because he says that before the commencement
of this suit, to wit, on the first day of February in the year of our Lord Eighteen hundred and twenty four
he did well and truly pay to the plaintiffs the said sum
of money in the said declaration mentioned, and this
he is ready to verify, wherefore he prays judgment, if
the said plaintiffs ought to have or maintain their
aforesaid action thereof against him &c.

of GeyerGeyer for deft

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The President & Directors
& Company of the BankBank of Missouri
of MissouriBank of Missouri &c
vs
WilliamWilliam Rector
Pleas

filed June 10, 1824

A GambleArchibald Gamble Clk

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

To The Sheriff Of St Louis CountyâGreeting:

You are hereby command to Summon
Elias T LanghamElias T Langham
Louis
G. PascalPascal Cerre CerrePascal Cerre
that setting aside all mannerof excuse and delay they be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on theforthwithday of at the city 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 The Bank of MissouriBank of Missouri plaintiff,
and WilliamWilliam Rector is defendant,
on the part of Plaintiff and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the city of St. LouisSt Louis, this 6th day of April 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
Louis
on the
7th April 1825
E. T. Langham
& G. P. CErre
not found

Jno K WalkerJohn K Walker
shff

fees $.75
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March 1825

Bank of MissouriBank of Missouri
vs
Wm Rector

For E T Langham
L.
G P Cerre
forthwith
for plff