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Title: William Clark vs. Samuel Hammond
Plaintiff: Clark, William
Defendant: Hammond, Samuel
Date Filed:
Term: March Term 1813
Cause of Action: Trespass on the Case
Case Number: 12
Court: St. Louis County Court of Common Pleas
Publication Info: St. Louis, Missouri: Washington University in St. Louis, University Libraries 2011
Source: The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Availability: Documents are in the public domain

County of St LouisCounty of St. Louis Court of Common Pleas

William ClarkWilliam Clark by WilliamWilliam C. CarrCarr his attor-ney complains of Samuel HammondSamuel Hammond in a plea of on the case for that whereas the said SamuelSamuel Ham-mond the defend and at the county aforesaid and when the jurisdiction of this court on the seventh day of november eighteen hundred & eleven drew the follow-ing draft or order on him in writing .

Dr Liz well you have the goodness to deliver to JamesJames “F. require thirteen hundred dollars which you were kind enough to offer by your note of yesterday “upon loan. "Yours respectfully""S. Hammond-"

WilliamWilliam ClarkeClarke" "7th nov. 1811.” which said draft was then & there presented to the said William ClarkWilliam Clark the plaintiffs and the amount thereof then paid to the said James . F. who the words & figures following Received thirteen hundred dollars from general M. Clark agreeably to the of the above draft for Col.. J. Hammond, James F. Hall, nov. 7th 1811” By reason whereof the aforesaid samuel Hammond the defendant became liable to pay the said plaintiff the aforesaid sum of thirteen hundred dollars whenever the same should be demanded & buy so promised to pay the same thereof on demand - and for that whereas also the said defendant on the same day aforesaid at the place within the jurisdiction aforesaid the said defendant was indebted the plaintiffs in the further sum of thirteen hundred dollars for so much money before that time by him to the said defendant but and advanced at his special“ instance request & also for the sum of thirteen hun-dred dollars for so much money by him the said defendant before that time had to and for for the use & benefit of him the said plaintiff and being so undebted in consideration thereof then & there faithfully promised to pay the said plaintiff The aforesaid several sums of money on demand-

Nevertheless the said Samuel HammondSamuel Hammond the defendant often requested not paid the aforesaid several sum of money not any part thereof but the same to pay with refused to the plaintiff damage fifteen hundred dollars wherefore he

CarrCarr
no. 12 To March Term 1813 William ClarkWilliam Clark vs Samuel HammondSamuel Hammond

This is an action on the case damages $1500.00

CarrCarr aty

Executed

A McNairA McNair Sheriff

$ 80 3$3.80

Territory of MissouriMissouri County of St LouisCounty of St Louis The United StatesUnited States of AmericaAmerica to the Sheriff of St Louis County Greeting.

You are commanded to summons Samuel HammondSamuel Samuel HammondHammond that he be and appear before the Judges of our Court of Common pleas at a court to be holden at St LouisSt. Louis on the first Monday of march next then to answer into William ClarkWilliam Clark in a plea of mishap on the case To the damage of the said William ClarkWilliam Clark the sum of fifteen hundred dollars and have you then there this writ

Witness William ChristyWilliam Christy presiding Judge of our Court at St LouisSt. Louis aforesaid this seventh of January one thousand eight hundred and thirteen and thirty seventh year of our Independence. W. Christy
St LouisSt Louis common pleas March Term 1813 Samuel HammondSamuel Hammond William ClarkWilliam Clark

The defendant by his attorney pleads pay-ment and gives notice of an offsett of fifteen hundred dollars by plaintiff to defendant money by defendant paid and for plaintiff by defendant at the plaintiffs request and for that sum of money by plaintiff had and received of defendant by plaintiff at his re-quest —

CarrCarr atty plea
Sam. Hammond W. M. Clark