St Louis County to wit JohnJohn Filion FilionJohn Filion complains of
PierrePierre Chouteau ChouteauPierre Chouteau Junior of a plea of trespass in the
case upon promises: whereas the said ChouteanChoutean
heretofore to wit on the tenth day of April in the year of our Lord one thousand eight hundred & twenty eight
at St LouisSt Louis aforesaid did by a certain instruction
writing (which the plffcannot present in court because
the same is in the power & possession of the Deft)
promise & agree in consideration that he the said FilionFilion
at St LouisSt Louis aforesaid would enter into the second of the
American Fur CompanyMissouri Fur Company (of which said company
the ChouteauChouteau then was & now is an agent & director at
St LouisSt Louis for the waters of the MissouriMissouri) for the term
of one year from the last mentioned date & would serve
in the same in the business of trapping he the oneChouteauChouteau
undertook & then & there promised to pay the said FilionFilion
for his wages in the service of the
company the sum of two hundred & sixty dollars
at the expriation of one year from the one last mentioned
date. and the said FilionFilion says that in pursuance of said
written instrument & obligation he the one FilionFilion did im-
mediately enter into the serviced employ of said Am-
erican Fur CompanyMissouri Fur Company & faithfully served the said Co.
in the business of trapping for one whole year next

following the mentioned date to wit the first day of April in the year of our Lord one thousand eight hundred & twenty eight of which service to the said
ChouteauChouteau had due notice.

And whereas also heretofore to wit on the day & year
last aforesaid at St LouisSt Louis aforesaid in condersation that
he the said FilionFilion would contribute other his work labour
& services for & in behalf of the American Fur CompanyMissouri Fur Company
in the business of trapping he the said ChouteauChouteau (one
of the directors & partners of the American Fur Co. as
aforesaid) undertook & then & there faithfully promised
to pay the one FilionFilion so much money as he
therefore reasonably deserved to have of the ChoteauChoteau
for any length of time which he might continue in
the service of ChouteauChouteau whenever he the said
ChouteauChouteau should be there unto afterwards requested.
And the said FilionFilion that in the promise of
undertaking of the ChouteauChouteau he entered into the
service & employement of ChouteauChouteau & remained
& continued in the same for the space of four years
& a half from the last mentioned date & that his
labor & services which were contributed in favor of said
ChouteauChouteau were reasonably worth the fullest sum of
two thousand dollars of whichChouteauChouteau since had notice.

And whereas also afterwards to wit on the tenth day of
April in the year of our Lordone thousand eight hundred & twenty nine at the Company aforesaid, he
the said ChouteauChouteau did promise & engage in consideration
that the said FilionFilion would continue in the further
service & employment of the ChouteauChouteau in the
in business of trapping, to pay him the said FilionFilion
either the usual wages of a trapper or one half the furs &
peltries which the said FilionFilion should bring in from
the hunt at any time while he remained in the
employ of the American FurMissouri Fur Company CompanyMissouri Fur Company (of which
the one ChouteauChouteau was a partner as aforesaid.) And the
one FilionFilion that he in the
undertaking of the ChouteauChouteau did remain & continue
in the service of ChouteanChoutean in the business of trapping
as aforesaid with the choice of taking one half of the
furs which he might obtain in trapping, & that he
by his great diligence & skill did procure a large
quantity of furs of great value to wit three hundred
beaver skins & other peltries all of which were of
the value of fifteen hundred dollars & that he performed
livery services of great value in behalf of the ChouteauChouteau ,
& that in pursuance of the mentioned agreement
he remained in the active service & employ of the said
ChouteauChouteau for the space of three years & a half from the last mentioned date of which services, he the ChouteauChouteau
had due notice to wit at aforesaid.

And whereas also afterwards to wit on the first day of
October in the year of our Lord one thousand eight hundred & thirty two,at St LouisSt Louis aforesaid, he the
said ChouteauChouteau was indebted to the said FilionFilion in
the further sum of two thousand dollars for the work
labor & services of the FilionFilion done & performed
in behalf of American Fur CompanyMissouri Fur Company in the
business of trapping, at the special insistence & request
of the in ChouteauChouteau , & for the period of four years &
a half preceding the last mentioned date. And
being so indebted he the said ChouteauChouteau in consideration
thereof to wit on the day & year last mentioned, undertake
& there promised to pay the said FilionFilion the
said mentioned sum of money when he the said
ChouteauChouteau should be there unto afterwards requested.

Yet the said ChouteanChoutean not regarding his said agreement
or either of his said promises & undertakings so by him
made as aforesaid, hath not as yet paid the said
FilionFilion either of the said sums of money or any part
or parcel of the furs aforesaid, though often requested

by the FilionFilion so to do;but hath hitherto refused
& neglected and still doth refuse & neglect so to do
Whereby the said FilionFilion that he hath sustained
great injury to wit in the sum of three thousand
dollars & for this he brings this suit .

We command you to summon Pierre Choutean Junior 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 CountyCounty of Saint Louis
of Saint LouisCounty of Saint Louis on the fourth monday of November then
and there to answer unto JohnJohn Filion FilionJohn Filion of a plea of trespass on the
case upon promises whereby she said FilionFilion saith that he hath
sustained preat injury to writ in the sum of three thousand dollars
and have you then there this writ

Executed this writ on PierrePierre Chouteau ChouteauPierre Chouteau Junior by
offering to read it & the declaration to him which
he refused to hear & acknowledged the service
of the same in the city of St LouisSt Louis on the tenth day of November 1832

And the said PierrePierre Chouteau ChouteauPierre Chouteau Junior by GeyerGeyer his
attorney comes & defends the wrong and injury when &
that he did not undertake & promise
in manner & form as the plaintiff hath above
thereof alleged against him & of this he
puts himself upon the country &c.

Action of Assumpsit
In the Circuit CourtCircuit Court
November Term 1832FilionFilion v.ChouteauChouteau .

This is an action of Assumpsit
Damages $3000 -

Let a summons issue

Plea filed
Nov 29th 1832

Discontinued Book 6 page 453

Nov - 10th