Bank of Missouri v. William Clark
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State of MissouriMissouri
County of St LouisCounty of St Louis
Sct.

In the Circuit CourtCircuit Court
March Term 1826.

The president & directors & Company of the Bank of MissouriBank of Missouri
by StrotherStrother their attorney complains of William ClarkWilliam Clark
of a plea of trespass on the case upon promises
For that whereas JamesJames Kennerly KennedyJames Kennerly heretofore to wit
on the twelfth day of July in the year of our Lord eighteen hundred and twenty two at St LouisSt Louis
in the County aforesaid made his certain note
in writing commonly called a promisory note
which is to the court now shown by which said
note he the said Kennedy by the name & description
of JosKennedy then and there promised to pay sixty
days after the date thereof to the said William ClarkWilliam Clark
or order the sum of one thousand dollars for
value received payable and negotiable without
defalcation at the Bank of MissouriBank of Missouri And the said
WilliamWilliam afterwards to wit on the day and year aforesaid
at the county aforesaid at the county aforesaid by the name and discription of William ClarkWilliam Clark endorsed the said
note in writing, by which said endorsement he the
said Clark 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 afterwards when the said
note became due and payable to wit on the thirteenth day of september in the year aforesaid at the county
aforesaid, the said note so endorsed as aforesaid
was presented and shown at the said Bank of MissouriBank of Missouri
for payment thereof and payment of the said sum
of money therein specified was then and there duly
required according to the and affect of the said
promisory note but that neither the said Kennedy
nor any other person or persons on behalf of the

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said JamesJames did or would at the said time when the
said 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
premises the said Clark afterwards to wit on the
day and year last aforesaid at the county afore
said had notice by means whereof the said Clark
then and there became liable to pay to the said
plaintiff the said sum of money in the said
note specified when he the said Clark should be
thereunto afterward requested and being so liable
he the said clark 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
them the said sum of money in the said note
there unto afterwards requested.

And whereas also the said William ClarkWilliam Clark afterwards
to wit on the first day of January in the year of our Lord eighteen hundred and twenty six at
the county aforesaid, was indebted to the said plaintiff
in the further sum of eighteen hundred dollars
lawful money of the United StatesUnited States for so much
money by the said Clark before that time had
and received to and for the use of the said
plaintiff And being so indebted he the said
Clark in consideration thereof afterward to wit
on the day and year last aforesaid at the
county aforesaid undertook and then & there
faithfully promised the said plaintiff to pay

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then the said last mentioned sum of money
when he the said Clark should be thereunto
afterwards requested

Nevertheless the said Clark /although often requested
so to do/ has not paid the said plaintiffs the said
several sums of money or either of them or any
part thereof, but he to pay the same has hitherto
wholly neglected and refused and still neglects
and refuses so to do. To the damage of the said
plaintiffs of eighteen hundred dollars, and
therefore they sue &c.

F. Strother
pro. que

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The State of MissouriMissouri
County of St LouisCounty of St Louis ss.

To the Sheriff of said County
Greetings

We command you to summon William ClarkWilliam Clark
that he be and appear before the judge of our CircuitCircuit Court
CourtCircuit Court at the next term thereof to be held at the city
of St LouisSt Louis within and for the County of St LouisCounty of St Louis on
the fourth Monday in March next then and there
to answer unto the President Directors and Company
of the Bank of MissouriBank of Missouri of a plea of trespass on
the case to the damage of said plaintiff of eighteen
hundred dollars. and have you then there this wit

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Witness Archilbald GambleArchibald Gamble Clerk of
our said Court at office this 14th day of February 1826.

Archibald GambleArchibald Gamble Clerk

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No 18

March Term 1826

The President, directors and
Company of the Bank ofBank of Missouri
MissouriBank of Missouri who sue to the
use of the United StatesUnited States
vs
William ClarkWilliam Clark
nar.

This is an action of
damage $ 1800= The clerk
will issue a sum money

StrotherStrother
pro.que.

Filed February 14th 1826

A GambleArchibald Gamble
Clk

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Executed this writ on William ClarkWilliam Clark February 28th 1826, in
the City of St LouisCity of St Louis, by leaving an attested copy of the writ and
Declaration at his dwelling house, with George HGeorge H .Kinnerly a free white
PersonPerson above the age of 15 years and a member of the family, and
informed him of the contents thereof

John K. WalkerJohn K Walker Sheriff
By JJ Simonds SimondsJ Simonds jr Dp Sheriff

Service $ 1.00
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In the Circuit CourtCircuit Court
March Term 1826

WmWilliam Clark ClarkWilliam Clark
ad

President Director Co
of Bank of MissouriBank of Missouri

And the said WilliamWilliam by his
attorney comes and defends the wrong and injury when
& C. and says that he did not undertake and
promise in manner and form as the said plaintiff
have above thereof complained against him
and of this he puts himself upon the County

And the plaintiff likewise Magenis

Strother pq. atty for Dft

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Mr StrotherStrother the attorney of the above named
plaintiffs will take notice that the above named
defendant on the trial of this cause will give
in evidence and insist that the above named
plaintiffs before and at the time of the commence
ment of this suit was and still is indebted to
the said defendant in the sum of two thou

sand dollars good and lawful money of the
UnitedUnited States StatesUnited States for so much money by the said
defendant before that have lent and advanced
to the said plaintiff and at his instance in

stance and request and in the further sum
of two thousand dollars like lawful money as
aforesaid for so much money by the said plain
before that time had and received to the use
of the said defendant. And that the said
defendant will set off and allow to the said
plaintiff so much of the said sum of her

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thousand dollars so due and owing from
the said plaintiff to the said defendant
against any demand of the said plaintiff
to be proved on the said trial as will be
sufficient to satisfy and discharge such
demand according to the form of the statute
in such case made and provided dated
this first day of April in the year one thousand eight hundred and twenty six

Your obt svt
A. S. Magenis
atty
for deff

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President Director
& Co of Bank of MissouriBank of Missouri
vs
WmWilliam Clark ClarkWilliam Clark

Plea. A.
notice of
MagenisMagenis
atty
for Deft

filed April 1st 1826

A G Clk

W.A.& opend &
Notice of

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

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

You are herby commanded to Summon ThomasThomas Riddick RiddickThomas Riddick LouisLouis Bompart
BompartLouis Bompart
that setting aside all manner of 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 is plaintiff, and
WmWilliam Clark ClarkWilliam Clark is 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 City of St. LouisCity of St Louis, this fourth day of August in the year of our Lord, one thousand eight hundred and twenty Six

A GambleArchibald Gamble

Clerk, C.C.
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Served this writ on Louis BompartLouis Bompart on the 9th August
on Thomas F RiddickThomas F Riddick on the 19th August 1896

JnJohn K Walker KJohn K Walker .WalkerJohn K Walker
By

fees $ 1
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July Term 1826

The Bank ofBank of Missouri
MissouriBank of Missouri
vs
WilliamWilliam Clark ClarkWilliam Clark

for
ThosRiddick
LouisLouis Bompart BompartLouis Bompart

forthwith for
Plaintiff

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

To The Sheriff Of Saint LouisSt Louis County....Greeting:

You are herby commanded to Summon ThomasThomas F Riddick FThomas F Riddick RiddickThomas F Riddick & LouisLouis Bompart BompartLouis Bompart
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Cir
cuit Court, on the fifth day of December 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 is plaintiff, and WilliamWilliam Clark ClarkWilliam Clark
is defendant, on the part of the Plaintiff and
have you then there this writ.

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

Archibald GambleArchibald Gamble

Clerk, C.C.
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Excuted this writ on ThFRoddick Oct. 16. on LouisLouis Bompart
BompartLouis Bompart Oct 18 1826 by reading to them the same

RR Simpson SimpsonR Simpson dshff

Fees $ 1
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St Louis Circuit CourtCircuit Court
November Term 1826

Bank of MissouriBank of Missouri
vs
WilliamWilliam clerk

for
Tho F RiddickF Riddick
Louis BompartLouis Bompart
for Plaintiff

5th December 1826

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Bank of MissouriBank of Missouri
vs
WmWilliam Clark ClarkWilliam Clark

Novr Term 1836

I claim five dollars as
attorney for Defendant in this suit

A. S.Magesius

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18 March 1826