Bernard G. Farrar by his attorney
Complains of JohnJohn Newman NewmanJohn Newman Administrator administrator
of all and singular the goods and chattels
rights and credits of DanielDaniel McGurrin McGurrinDaniel McGurrin deceased
at the time of his death who died intestate of a plea of trespass on the case for
that whereas the said DanielDaniel in his lifetime to wit
on the first day of May in the year one thousand
eight hundred and thirty at St. LouisSt Louisto wit at
the county aforesaid was indebted to the said plain
tiff in the sum of three hundred dollars for the
work and labor, care and diligence, % attendance
at the said plaintiff by him the said plaintiff
before that time done, performed, and bestowed as
a surgeon and physician for the said DanielDaniel &
at his special instance and request in and about
the healing and curing at the said DanielDaniel of divers
diseases, disorders and curing under which the said
saidDanielDaniel had before then labored and languished
and for divese medicines and other necessary things
before that time found, provided, administered, delivered
and applied by the said plaintiff on those occasions
for the said DanielDaniel and at his like special instance
and request and being so indebted he the said DanielDaniel
dividing his lifetime afterwards towit on the day and year last
aforesaid at the County aforesaid in consideration
thereof undertook and then and there faithfully pro
mised the said plaintiff to pay him the said sum
of five hundred dollars when he the said DanielDaniel
should be thereunto afterwards requested. Nevertheless

the said Dainel in his lifetime and the said John NewmanJohn Newman
Administrator as aforesaid, after the death of the
said DanielDaniel not regarding the said promise and
undertaking of the said DanielDaniel have not nor hath
either of them as yet paid the said sum of three hundred
dollars or any part thereof to the said plaintiff
although after requested so to do but to pay the same or
any part thereof to the said plaintiff, the said DanielDaniel
in his lifetime wholly refused, and the said John NewmanJohn Newman
Administrator as aforesaid hath ever since the
death of said DanielDaniel hitherto wholly refused, and
state refuses so to do. to the damage of said plaintiff
of Three hundred dollars. and therefore he brings
his suit &c.

We command you to summon John NewmanJohn Newman Administrator of
all and singular the goods and chattels rights and credits of DanielDaniel McGurrin
McGurrinDaniel McGurrin deceased at the time of his death who died intestate that
he be and appear before the Judge of our circuit court at the next
term thereof to be held at the city of St LouisSt Louis within and for the
County of Saint LouisCounty of Saint Louis on the fourth monday of March instant then
and there to answer unto Bernard G Farrar of a plea of trespass on
the case to the damage of said plaintiff of three hundred dollars
and have you their there this writ

Served this writ on John NewmanJohn Newman
his offering to head to him the writ

declaration on the 9th March 1838
in the City of St LouisCity of St Louis Which he refused
when read & acknowledged service

B. G. Farrar
vs
JohnJohn Newman NewmanJohn Newman Administrator
of DanielDaniel McGurrier

This is an action of
Assumpsit
damages $300

Let a summons issue

And the Said JohnJohn Newman NewmanJohn Newman
the said defeandant in proper person coming
and defends the wrong & injury when
and says that he the said DanielDaniel McGurrin McGurrinDaniel McGurrin died
in his life time did not undertake or promise
in manner or form as the said Plaintiff
hath above thereof complained as against
him the said DanielDaniel and the said John defendant
and of this he the said John as administrator
as aforesaid put himself up on
the country :

Death of Daniel McGurrinDaniel McGurrin to witBook 7 page 123
A GambleArchibald Gamble Clerk

Bernard G Farrar
vs
D. McGurrin Administrator.
ads.
B. G. Farrar

Plea
Non assumpsit