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

In the Circuit CourtCircuit Court March Term 1827

The President directors & company of the bank of
MissouriMissouri, who sue to the use of the United StatesUnited States of AmericaAmerica
by Another their attorney Complain of William ClarkWilliam Clark of
a Plea of trespass on the case; For that whereas JamesJames Kennerly
KennerlyJames 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 promissory note in writing, which
is to the Court here now shown, by which said note he the said
JamesJames 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, without defalcation
negotiable and payable at the bank of MissouriMissouri. And
the said WilliamWilliam afterward to wit, on the day and year
aforesaid at the County aforesaid endorsed the said note
in writing by which said endorsement, he said WilliamWilliam
then and there ordered and appointed said sum of
money in said note specified, to be paid to said plain
tiffs. And said plaintiffs in fact say, that afterwards,
when 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 pay
ment thereof, and payment of said sum of money therein
specified, was then and there duly required according
to the tenor and effect of said promissory note, but that
neither said JamesJames or any other person or persons on behalf
of said JamesJames , did or would at the said time, when said
promissory note was so presentedand shown for payment
thereof as aforesaid,
or at any other time before or afterwards
pay the said sum of money therin specified or any part
thereof but wholly neglected and refused so to do: of
all which said several premises, the said WilliamWilliam

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afterwards, to wit, on the day and year last aforesaid at the Coun
ty aforesaid, had notice, By means whereof said Wil
liam then and there became liable to pay to said plaintiffs
the said sum of money in said note specified, when he
the said WilliamWilliam should be thereunto afterwards requested.
And being so liable he said WilliamWilliam in consideration therof
afterward to wit, on the day and year last aforesaid at the County
aforesaid, undertook and then and there faithfully promised
the said plaintiffs to pay them the said sum of money when
he said WilliamWilliam should be thereunto 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 said
plaintiffs in the further sum of two thousand dollars
for so much money before that time had and received
by said WilliamWilliam , to and for the use of said plaintiffs
and being so indebted he said WilliamWilliam in consideration
thereof, afterwards, to wit, on the day and year last aforesaid
undertook and then and there faithfully promised
the said plaintiffs to pay them the said sum of
money last aforesid, when he the said WilliamWilliam should
be there unto afterwards requested. Nevertheless the
said WilliamWilliam although often requested, has not paid to
the said plaintiffs the said several sums of money or either
or any of them or any part thereof, but to pay the same
to the said plaintiffs, has hitherto wholly neglected and
refused and still neglects and refuses so to do- To the dam
age of said plaintiffs of two thousand dollars and there
fore they bring suit &C.

StrotherStrother Atty

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The State of MissouriMissouri
County of St LouisCounty of St Louis Sct:

We command you to summon William ClarkWilliam Clark that he be
and appear before the Judge of our Circuit CourtCircuit Court at the next Term thereof
to be held at the City of St LouisCity of St Louis within and for the County of St LouisCounty of St Louis
on the fourth Monday of March instant then and there to answer to
the President Director & Company of the Bank of MissouriBank of Missouri , who sue to
the use of the United State of AmericaAmerica of a plea of trespass on the case
to the Damage of the said plaintiffs of two thousand dollars and have
you then there this writ.

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Witness Archibald GambleArchibald Gamble Clerk of our said
Court at office this Second day of March 1827-

Archibald GambleArchibald Gamble Clerk

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No 23

St Louis Circuit CourtCircuit Court
March Term 1827

Bank of MissouriBank of Missouri to
use
William ClarkWilliam Clark

Narr.

Filed 2nd March 1827

Arch GambleArchibald Gamble Clerk

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Executed this writ on William ClarkWilliam Clark March 2nd 1827 in the
City of St LouisCity of St Louis, by giving the writ and declaration to him to
read and his Acknowledging the service thereof

Service $ 1.00

R. SimpsonR Simpson Sheriff
By JnP.Simonds for Dp. Sheriff

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WmWilliam Clark ClarkWilliam Clark
vs
Bank of MissouriBank of Missouri
to the use

March Term 1827

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

Magsuis
Atty for Deft

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And the said WilliamWilliam for further plea
in this behalf saith that the said
Plaintiff ought not to have
or maintain its action aforesaid there
of against him the said WilliamWilliam
because he says that the said Plaintiff

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did before the commancement of this suit
to wit on the first day of June in the year one thousand eight hundred and twenty six to wit at the County aforesaid
assign, and make over to the
said United StatesUnited States the said promissory
note in said declaration mentioned
and this he the said WilliamWilliam is ready to verify the
whrefore he prays judgment if the
said plaintiffs ought to have or in
their action aforesaid thereof against
him the said WilliamWilliam

Presendant Directors& Co of the MagsuisMagsuis
Bank of MissouriBank of Missouri
WmWilliam Clark ClarkWilliam Clark

Atty for Dft

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GeorgeGeorge F Strother FGeorge F Strother .StrotherGeorge F Strother Esq. the attorney for the
plaintiff in the above cause will take no
tice that the said defendant will on the
trial of said cause give in evidence
and insist that the above named plaintiffs
before and at the time of the commencement
of this suit were and still are indebted

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to the said defendant in the sum of two
thousand dollars lawful money of the UnitedUnited States
StatesUnited States. for so much money by the said defend
ant before that time lent and advanced
to said plaintiffs also in the further
sum of two thousand dollars for so much
money by the said defendant before that
time paid laid out out and expended
for the use of the said plaintiffs all at
the particular instance and request of
said plaintiffs, also in the further sum
of two thousand dollars for so much
money by the said plaintiffs before
that time had and received to the use of
of the said defendant and that the
said defendant will set off and al
low to the said plaintiff on said trial so much of the
said sum of two thousand dollars so due
and owing from the said plaintiff to the said
defendant against any demand of said
plaintiff to be proved on said trial as

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as will be sufficient to satisfy and discharge
said demand according to the form of
the statute in such case made and
provided dated this 31st day of March 1827

Cl. S. Magenis
Atty for Dft

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Bank of MissouriBank of Missouri
vs
WmWilliam Clark ClarkWilliam Clark
pleas

of set off
MagsuisMagsuis
atty for Dft

Filed March 20th 1827

A GambleArchibald Gamble
Clk

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And the said plaintiff say that they did
not assigntransfer and make ever to
the said United StatesUnited States the said promissory
note in the declaration mentioned in
manner & form as the plaintiff hath.
above thereof alledged- and this they
pray may be inquired of by the county &

for plff

Rep: filed July 24th 1824

A GambleArchibald Gamble Clk

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

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

You are herby commanded to Summon JamesJames Kennerly KennerlyJames Kennerly & LouisLouis Bompart BompartLouis Bompart
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 Sixth day of August 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 President Directors & Company of the Bank of MissouriBank of Missouri are
plaintiffs, and WilliamWilliam Clark ClarkWilliam Clark is
defendant, on the part of the plaintiffs, 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 Ninth day ofJuly in the year of our Lord, one thousand eight hundred and twenty Seven

Archibald GambleArchibald Gamble

Clerk, C.C.
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Excuted this writ on Louis BompartLouis Bompart July 20th 1827

50 cts
12 Nonest
62 1/2

R. SimpsonR Simpson Shff.

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July Term 1827

Bank MissouriMissouri
vs
WmWilliam Clark ClarkWilliam Clark

for
JaKennerly
Louis BompartLouis Bompart 20

for
plaintiff
6th August

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Executed this writ on James KennerlyJames Kennerly August the 1st 1827

on Service $ 1.00

JasC.MusickMusick DSheriff

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

To The Sheriff Of JeffersonJefferson County CountyJefferson County....Greeting.

You are herby commanded to Summon ThomasThomas F Riddick FThomas F Riddick .RiddickThomas F 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 Sixth day of August at the City ofCity of St Louis
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 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 Ninth day ofJuly in the year of our Lord, one thousand eight hundred and twenty Seven

Archibald GambleArchibald Gamble

Clerk, C.C.
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July 1827

Bank of MissouriBank of Missouri
vs
WilliamWilliam Clark ClarkWilliam Clark

Subpa for

Thos FThomas F Riddick RiddickThomas F Riddick

6th August for
plff
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Bank of MissouriBank of Missouri
vs
WmWilliam Clark ClarkWilliam Clark

ThsFF Riddick . RiddickF Riddick a witness in the case
claims five days attended $ 5.00

48 miles traveled 5 . 2.40

7.40

The above named ThsFF Riddick RiddickF Riddick being sworn say, he
was summoned as part of Plff and attended five days
at the July term 1827. and her to travel the number
of miles charged in the to and returns from
court and has not claimedattendance in any other
case

Sworn to before me
Augt. 10h 1827

Archd GambleArchibald Gamble Clerk

ThosThomas F Riddick F RiddickThomas F Riddick

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July 1827

Bank of MissouriBank of Missouri
vs
Willam Clark

Witness Tho: F RiddickF Riddick $ 7.40