Hezekiah C. Simmons vs. Charles D. St. Vrain
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County Of St. LouisSt Louis, Sct.
State of MissouriMissouri,

To the Sheriff of Saint LouisSt Louis County---Greeting.

You are hereby commanded to summon Louis BompartLouis Bompart and Richard Atkinson
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 the 29th day of Marchnext at 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 HezekiahHezekiah C SimmonsSimmons to use of is
plaintiff, and CharlesCharles D St Vrain D StCharles D St Vrain VrainCharles D St Vrain 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 20th day of February in the year of our Lord one thousand eight hundred and thirty two

Archibald GambleArchibald Gamble

Clerk C.C.
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March Term 1832

H. C SimmonsSimmons to use
vs
CharlesCharles D St Vrain D. StCharles D St Vrain VrainCharles D St Vrain
for plff

Louis BompartLouis Bompart
Richard Atkinson

on 29th March

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Served this writ
on Louis BompartLouis Bompart
on the 29th July 1832, by reading
it to him Rich
Atkinson not
Served

Jno K WalkerJohn K Walker
shff

Term 50
court 12 1/2
62 1/2
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In the St. LouisSt Louis Circiut Court
November Term 1830

County of St. LouisCounty of St Louis, sct,

HezekiahHezekiah C. SimmonsSimmons (who sues to the use of
JohnJohn Newman NewmanJohn Newman WilliamWilliam K Rule K. RuleWilliam K Rule and Edward Walsh as TrusteesTrustees
of said SimmonsSimmons for the payment of the creditors of H. C.
SimmonsSimmons ) complains of Charles D. in
custody of a plea of trespass on the case on
promise. For that whereas the said Defendant here
tofore to wit on the first day of July in the year Eighteen hundred and thirty at the county aforesaid was indebted to the
said Plaintiff in the sum of three thousand
dollars lawful money for divers goods wares
and merchandize by the said Plaintiff before that
time sold and delivered to the said Defendant and at his
special instance and request and being so indebted
he the said Defendant in consideration thereof
afterwards, to wit, are the day and year last
aforesaid at the county aforesaid, undertook and
then and there faithfully promised the said Plain
tiff to pay him the said sum of money when
he the said Defendants should be thereunto afterwards
requested. And whereas also the said Defendant after
wards, to wit, on the day and year last aforesaid,
at the county aforesaid, accounted with the
said Plaintiff of and divers other
sums of money from the said Plaintiff to the
said Defendant to the said Plaintiff before that
time due and owing and then in
and unpaid, and upon such accounting
the said Defendant was then adn there found
to be in arrear and indebted to the said

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Plaintiff in the further sum of three thousand dollars
of like lawful many, and being so found in
arrear and indebted he the said Defendant in consider
ation 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 him the said last mentioned sum
of money when he the said Defendant should
be thereinto afterwards requested. Never that is
the said Defendant not regarding his said several
promises and undertakings but contriving
and fraudulently intending to deceive and defraud
the said Plaintiff in this behalf had not as yet
paid the said several sums of money, or any written
of them or any part thereof to the said Plaintiff
(Although often requested so to do.) But the said
Defendant to pay him the same has hitherto
wholly negleted and refused and still doth negleted
and refuse to the damage of the said Plaintiff,
who sum for the use aforesaid, of the sum of
four thousand dollars and therefore he sues

John NewmanJohn Newman

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The State of MissouriMissouri
County of Saint LouisCounty of Saint Louis, sct

The Sheriff of the County of Saint LouisCounty of Saint Louis
Greeting

We Command you to summon Charles D StCharles D St Vrain . VrainCharles D St Vrain 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. LouisSt Louis within and for the county of Saint LouisSt Louis on
the fourth Monday of November next then and there to answer
unto HezekiahHezekiah C. SimmonsSimmons who sues to the use of John NewmanJohn Newman

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William K RuleWilliam K Rule and Edward Walsh as TrusteesTrustees of said SimmonsSimmons
for the paymentof the creditors of H. C. SimmonsSimmons of a plea of trespass
on the case promised to the damage of the said plaintiff who
dues for the use aforesaid of the sum of four thousand dollars
and have you then there this writâ

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Witness Archibald GambleArchibald Gamble Clerk of our
said Circuit CourtCircuit Court at Office this Twenty Eighth day of September One thousand Eight hundred and thirty

Archibald GambleArchibald Gamble Clerk

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Executed this writ on Charles DCharles D St Vrain . St VrainCharles D St Vrain in the city
of St LouisSt Louis on the 28th day of September 1830 by his
acknowledging service of the written declation and
summons & refusing to hear the law read

Book 6 page 132
& judgement Book 6 page 316

A GambleArchibald Gamble clerk

Service $ 1.00
JnoJohn K Walker .K. WalkerJohn K Walker Shff
by BrothertonBrotherton DpS
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No 23

St. Louis Circuit CourtCircuit Court
November Term 1830

HezekiahHezekiah C. SimmonsSimmons $
vs Declaration
Charles D. St. Vrain

Filed 28th September 1830

Archibald GambleArchibald Gamble Clerk

This is an action of trespass on
the case on promises Dam
-age $4000. Issue a Summons J.Newman p.q.