Title: Samuel B. Smith vs. John Connelly and James Feron
Plaintiff: Smith, Samuel B.
Defendant: Connelly, JohnFernon, James
Date Filed: May 28, 1817
Term: September Term 1817
Cause of Action: Injunction
Case Number: 56
Court: St. Louis Superior Court of the Territory of Missouri
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
day of August, One thousand, eight hundred and
Sixteen
River, for the
of
such
and all
aforesaid
the original whereof
one John
That all
of the
And your
so made
complaint and
John
your
To the Honorable the Judges of the
of August in the year one thousand eight and sixteen
at the
be made and
and your
and
and its
part,
Sum of Five
dollars
was
his
the goods and
having
previously engaged
intended,
said
and other
And your
the said
at Portage
arrived,
between the said
should
the
company at or near the mouth of the
that your
the
That
Boat aforesaid and
about the Eigth
the year:- that
he had come to any definite conclusion, he
from his partner
of the
And your orator
And your orator further
that the
and your
And your
That the
And your
at
said
had removed some
said
goods
And your
to
the boat and
the
about
to your
the boat
the beginning
and
And your
or
of said
the same, and
said
and effects are
the said
to said
and
it, for
them only account
and
the said
your
of his
but
the
account, and
neglected
to do
to be that he is entitled to a third put thereof according
said Articles
of
and
and
and injury.
In
as
without the
and of
To the end therefore that the said
all and
1st-Whether or not a
and
2-:
such
article by article the
3.- Whether or not a
and your
with whom it
forth in the Bill is a true copy if
be
defendants in words ad figure at full length.
4.-Whether or not the said partners
5.
6- Whether or not your orator, the said
7.- Whether or not your orator &
8.-Whether or not the said
9.-Whether or not your orator
10
the
not where
11
12
goods
articles
13
goods
of
said
if said boat
and
of goods is
of
of the
and
paid the
by
14
said goods skins,
15
and
on the
16-
10 and
and wher, and what
why not or
17-
18-
of them
and at their
him, and said
all
the
that the said
your
of
them from
your
in the
there
and
and
also
ship
all
and
them
for them or
may
and
he is
while the said
he is
that the said
is
september 1817
vs
Bill for
he
was present when
a copy of the award on
the Back of which is
of
and
then declared that he could not - that he the said
there as left
him if could come to a settlement of their
and
further saith not
of the
Sir
Take notice that on the
June
of
or
him for a
on his oath saith that he
the
the same to the
and
was one of the
any decision that
the said arbitrators did afterwards proceed on to
in as much as he the said
Sedgwick Marble being duly
the
depondent, to
a house to with
1817
to
and
of
of the clock in the
the clock at
The
Sir
Take notice that on the
of June
and twelve oclock at noon of the
same day, we Shall attend
at the office of
to take the depositions or affidavits of witnesses to be read
before the honorable Silas Bent Esqr in opposition to your
applicant pending before him
for a writ of
me exent
vs
On Bill
and for an
the
the
to the
effects of the said
of by them - that this
Dollars and about
That this
partnership on their
and
five hundred dollars as you
form & effects to
That at the time
he did not
know of the
believes that the
to
It appearing to us the
to settle the dispute existing between
and
seven hundred and sevety six dollars
appears
to have arisen from the two third part of
the stock in trade of said firm which had
allotted to
the management of
on a division of the goods for trading purposes
and as they have not
exhibited to us any
whatever of how this deficiency has occurred
ally stand charged by the firm with his individual half of said
deficiency to say
shall be charged and held indebted to the firm
of
full sum of Eight hundred and eighty eight
dollars 16cts and
indebted to the said firm in a like sum of
Eight hundred and eighty
eight dollars the ets
which several sums will produce the deficit
not accounted for.
Given under our
hands and seals the day and
written-
saith that he was one of the aforesaid
between the parties aforesaid that
the matters to be submitted to them by the
said
parties they were severally
to
the said
parties that the
arbitrators then
of the
the said parties in the presence of the said
parties and that they
and brought an
award between the said parties
a copy whereof is on the other
further
day of june 1817
same day before
On the within
defendants
or one
hundred and twenty dollars each, that they will
before
a Bond with approved
and
sum of two
hundred and forty dollars to
that may
of the
All such books
power or
You are commanded that all excuses and delays being set aside,
before the
of
Territory at the town of
to answer
to said to
not to
to make return
Court at
eight hundred and seventeen
Excuted
the same
to the within named
Defendents in the
vs
The joint and several
against them by
sitting for the northern circuit.
These defendants now and at all times hereafter saving and
took up the river for the
thousand three
hundred and thirty six dollars forty seven cents and
no more, of which an
no
and other articles traded
for by said defendants when up the
river including those
other
threof herewith
shown and filed
and seven
been
by
defendants
also state that they have paid for and on account
of said
eight
hundred and ninty nine
to the account thereof herewith
Exhibit
no.4 of defendants. The one third part whereof
the
that
the said
to these defendants the
nine
therefof herewith
of
he
Seventy two cents the balance of an account herewith
shown marked exhibit { No 6 } of
Defendants and
prayed to be accepted and taken as part of this answer.
two thirds,
whereof he aught to account for to these
company
the sum of one hundred and nine dollars
seven cents as per an account thereof herewith
also
shown and filed marked Exhibit {No 7} of defend-
ants. that the goods
returned and brought down by
the complainant and
and
also the quantity of fur and other articles
for by them are contained and
filed, marked exhibit {no 8} of Defendants. and
that the said
them about
two thirds of the whole capital stock of goods
belonging to the company. That an invoice
of goods
returned by
articles by him
river
sixty eight dollars seventy eight and a half
be seen by an account thereof herewith
filed and shown
marked Exhibit {no 9} of Defendants. that it was
these defendants on terms well known to the
the
said
Bill should go up the river in the place and stead
of this defendant
did
accordingly accompany the said expedition and outfit
Fernons
share of the profits. The defendants also
obtained a license from the proper
to trade with the
Bill these defendants do most absolutely
that they
ever
settlement with the
thereof they state that they could
plainant, to come to any settlement with them that
they did once
of
an
obligation
dollars conditioned that they and each of them
should
award and
each
in the
said arbitrators and
Justice to the
ment did accordingly meet at the
the
the
and after having
the parties and
up their
prayed to be made part and parcel of this
under their hands and
these
defendants should stand charged
of
agent and that each one of them should be charged
with half of said sum. that this
would comply therewith; which he
These defendants
do therefore state that they never refused
to settle the
ready to settle and adjust the same
or by any other
They admit however that they refused to let him have one
third of the proceeds before a
final settlement was made
and all costs and charges were paid. and
do most positively
ding of the terms of the
ant
dividend until all the company accounts have been
settled and all proper charges against
it paid. and
that in this case there were no profits made, but a
great
gement of the complainant and Manson, as
by said award.
that they did take out of the
the company which the complainant had
without the
from davis where they were first stored by
to the
lainant in order to
have and
then had every reason to believe that if
the said complainant could have effected a
sale
and delivery of said
left the
thereof but would have left these defendants to
have
they could. The property so by them taken
has been partly
sold and the ballance
as has already been
the
These defendants further ans
wering state that
to
part of the whole
With which he
interpreter named
Robert Hunter.
This defendant
admits that he
for the goods he had with him
him that if he would bring them
was
would all be traded
and
instead
of doing this the said
brought
only about the half of what goods he and Manson had
at
From which place
he brought down to the mouth of the
the
of a man to whom he agreed to give nearly double
the amount of
other hand; and which these defendants have been
brought from Rock Island on the ice, and
Why the
all the goods
ants Cannot say but
they are of opinion they might
and ought to have been so brought down, and that
a
great
. This defendant
river
on coming down
this defendant
was told that
before he could get
season would be past. Discovering however that
he would come down to use his own
alive, this defendant Conolly gave him
not deliver at the mouth of the
season was nearly past.
delivered to this defendant the two
this defendant
Island the second time with the goods left
there
by him in
who would inform him
all off.
But
establishing himself at the
within about ten miles of the establishment of
this
defendant. By this time the trading season was over.
These defendants cannot
say whether on the arrival
of the complainant and Manson
them from
think it probable that was the facts. But
they
are of opinion and think the said
Manson might have traded more
they had
used the proper means and
have done much better for the company. These
in the
tion of
their company
another outfit for the Indian
with
the hope of returning to
time for the
Succeeding Spring. All the goods brought down the
of by these defendants: an account whereof
is herewith
& very unsaleable were
ner
by these defenants for the benefit of the
Company as they thought best-some at
private
sale and some at
could
measure they thought
most to the
of the company to adopt for the following
reasons;
first to
transactions and pay off expences as far
as they could secondly the said goods
were
and injured by being
Goods and articles of those
depreciating in
States as well as this Secretary-
1st Interrogatory these defendants have
already admitted the article of partnership as stated and the terms thereof 2nd to this these
defendants say they have already fully answered &
3 To this
fully answered
4,5,6,7,8,9, 10 To all these interrogatories these
defendants say they have fully & suffici-
ently answered
of their
11. To this
Goods bought sold & returned; of
12. these defendants admit that
and number of
have been shewn and are contained in the accounts thereof
13.
have sold some of the
property of the company
as herein before
filed.
already fully answered.
15
they have the original invoices & books
and
that they are ready to produce them
when & where this honorable court shall
16
fully answered
17 the company made no profits but
sustained a great
than three thousand
dollars principally
complainant &
18
intend going up the
river on a
voyage
And these defendants deny all manner of
Confederacey & combination where
with they
stand charged in & by the said
complaint without that, that there is any
for these defendants to make answer
answered
to aver and prove as this honorable
may
be
hence
& charges in this
sustained.
for
answer
Invoice of merchandise
Purchased for
Exhibit (n:s) of Defes
Account of sales of goods
Exhibit No. 2 of
Account of sales of
Exhibit(No 3) Defs.
4331. 14
Cash Advanced
of Fernair and Co
Exhibit(n:4) of Defts
S. B.
Samul
in
John Connolly's use with Fernon Connolly & Smith
Exhibit (No.7)
of Deft
the Property of
and John Manson (Fernons
agent) to
from 2/3 of capital of Fernon Connolly and
A list of
for
List of the goods
& not
also the
for
by them
It appearing to us the undersigned
appointed to settle in disputes existing between Fernan
and
hundred and seventy six dollars 32 cents, which
to have
Fernan
and
we award that cash of those
of
the said deficiency, that is to say, Fernan shall
be charged by the
dollars 16 cts and
the said
hundred and eighty
eight dollars 16 cents which
several
whom was
submitted the
company transactions of
appointed to
a
Seventy
in trade of said
to the management of
as they have on at exhibited
to us any
whatever of
We
stand charged
half of
said deficiency
be charged and held indebted to the
firm
of
sum of Eight Hundred and eighty eight dollars
16
hundred and
Eighty eight dollars and 16
which several
not
an seals the day and date above
arbitrators between the
investigator of the
proof
agreed for
the other side and
Be it
hundred and
sixteen
tively
a
the
purpose of trading for
it is
on by and between all
the
presents that at the
nation of the said
expedition and after
a sale of the
the nett
the
profits and all
said
John
Agreement between
and
Invoice of merchandise
purchased by
Connolly and
1816
Invoice of
perty of
A list of
Invoice of Goods returned
by
of furs
A
and
John
from
A List of
of
J. B.
and not
also
in
Exhibit R
Defendants
In the
In
answer of
of exception to the
thereunto saith that he will
certain
said answer
of the defendants is uncertain
thing whatsoever in the said answer
in the law to
is
ready to
Received a copy
Solicitor
vs
Connerly &
Replication
to answer in
chancery
Northern Circuit.
You are summoned that all excuses and delays being set aside you
- personally be and appear before the judes of the superior court of our
terri-
tory aforesaid at our said superior court
to
be held in and for the northern circuit at the town of
day of
to testify and the truth to tell in a certain case then and there to
be tried, and wherein
Connelly
said
until duly discharged by the court, and not depart the said court without the leave
therof-and
of this fail not at your peril, and our sheriff of our county of
commanded then and there to make return of
this our writ and certify to our said court how he
executes the same.
Esquire presiding judge of our said court this
and
Executed
Term 1818
and
You are summoned that all excuses and delays being set aside you
of our territory aforesaid at our said
superior court
on the
of the
then and there to be tried, and wherein
said court without the leave thereof-and
of this fail not at your peril and our sheriff of our coun-
ty of
and certify to our said court how he executes the same.
and
Executed
vs
and
in the
to be
payment well and truly to be
and
Honorable
circuit
against him the said
above
to be
Thereby
about the
issippi
goods
that it was
said
an
necesary and incident
equally
or be made by
said trading
day of
said
for the purpose
of trading for
at the
the said
and which your
further state that
the
marked
Your
that the amount of the
a
to
the permission of your
said
expedition in person did with the consent of said
hire a certain John
of which hiring
were well known to said
was to have one half of the
profits
Your Orators state that having embarked on said expedition, your orator
the
said
arrived and
were at the mouth Rock
ked
purchased, and commenced trading with the Indians, and that
the said
Manson with the rest of the hands and equipment were to ascend the
state that your
Orator Connelly in the course of the trading season
part of the goods for
and sixty eight dollars and seventy eight
cents, an invoice of which together with an
of the goods unsold by the said Connelly and
returned into the common
here with filed
and that during the said
of which together with
may be taken as a
part of this their Bill, - your orators state that your orator John
understanding that said
du
unsold which the said
was
informing him that if he would do so, they probably would be able to
that the said
company came to where your orator Connelly was trading with only two
ming your Orator
Manson had as far as Rock Island, and had left
them there- your Orators state that the said
many objections urged by your orator
intention, that your orator
on
for
to the care of a French trader and then set out for Rock Island for
the goods he had left there
and returned to Rock river with them and commenced
Orators state that shortly thereafter, the trading season being over and the said
Manson having
returned to the mouth of the river with the boat the whole partnerships
concern
in
her with the
Peltries and articles traded for together with the goods of the company yet
yet
Davis in
in the
hundred and seventy six
stock of said company and have not been
accounted for to the said
Manson and were and have been a
further charge that
in
the latter
of whom they are informed was
tion to the
the said
and without the
sold the same to one
to
the
of defrauding your
counting the said furs &
said action
accounts, that the said
and
agreed with them that he would make
that your
and your Orators
said
one of said
each to the other in the
they
should
your
of our lord One Thousand Eight
Hundred and Seventeen
being duly
and did then and
there after a full examination &
by the said company in the sum of One Thousand Seven Hundred &
cents for and on account of a
had not accounted for
and that each of them
award was then and
there presented to the said
by and perform the
same, which your Orators were willing on their parts and then & there
to do, But your
Orators state that the said smith, the said award and the offers & request of
your
orators not regarding, did wholly refuse to perform & comply with the
same and on the third day
thereafter
the
forth that your orators were about to
that he had been an active partner, in transacting the
your
orators might be compelled, to render an account and pay to said
tended to be due and coming to him
might
state nothing in equity and good
For your Orators state that the whole amount of
company on said Expedition amounted but to
dollars & sixty two cents according to
exihibits before made and mentioned
1549.52
and that the nett proceeds of the goods
returned into the common stock of said
company and sold for the
will appear
by an Inventory of the sales thereof herewith filed and
( Exhibit G and prayed to be taken as
produce the sum of Two Thousand four hundred & eight dollars, forty
one cents and
a half. And that the said sum of one Thousand seven hundred &
seventy
dollars
and thirty two cents which the said
2408.41 1/2 1775.32
in equal
which was awarded against them as aforesaid in
added to the
last
Eighty four
4184.73 1/2 1394.91
into three equal shared gives to each of the
partners the sum of One Thousand
hundred and ninety four dollars and ninety one
cents against which
your Orators state that the said
the said sum of one
Thousand seven hundred and seventy
two cents as awarded by the
arbitrators as aforesaid for the
aforesaid amounting to the sum of
Eight hundred & eighty eight dollars
sixteen cents and that your orators have
paid off the
888.16
to the amount of Eight hundred & ninety nine dollars one
and an half cents as per an
account herewith filed appears
be
taken as
sum of two hundred and ninety nine dollars
& sixty
299. 67.
said
359. 39.
fifty nine dollars and thirty nine cents arising out of the
company concerns
including the
per account
herewith filed appears marked (
be taken as part of this
Bill. And also that said
company in other the sum
of one hundred & twenty three dollars, and seventy
two cents as per account
herewith filed marked (Exhibit
to be taken as part of this Bill. The two
thirds whereof the said
able with by your
82. 48
forty eight cents - which make an aggregate amount of
sixteen hundred
and twenty nine dollars and ninety cents, with which the said
1629. 90
is justly chargeable by your
as
your
hundred and thirty four dollars and ninety cents as due from said
234.
90.
on a fair settlement of the affairs of said company;
accounts
stand as your
was dismissed on the faith of the
agreement of the said
as before stated, and that the
as herein before stated; the said
by his attorney came and moved the court, for a writ
your
state that at the
June term last of the circuit court for the county of
for the sum of Twenty four hundred and fifty
dollars. The said court then and there on
the trial of the said writ not permitting any
of the equitable matters of defence to said
writ as herein before stated, to be heard by
the jury but rejected the same when they
were then offered in evidence by your
rendered against your
faction of said
Judgement so iniquitously
by said company on
said
as in justice he ought to do. But now so it is may
the said
at present unknown to your
they pray may
be herein inserted and they made parties
said
with your
But
in
Orators and his said writ of Enquiry to judgement and
that he
never made
nor ever
submitted the same to arbitration, whereas your orators charge the
and which again the said
The same to arbitration, and were
that award, which the said
and filed his bill as aforesaid,
pretending that he had been an active
of the company, that he had so acted as most is
promote its interest as far as in his
power that he had sold the said
company and intended to account therefor to the said company and
that he had received nothing from the said company, and that your orators were combining
and
your orators charge the contrary and that
the company sustained great
the negligence and bad conduct of said
neglecting the company's
erty contrary to the advice and wish of your Orator
employing persons in the service of the company and allowing to them extravagant
wages
which your Orators have had to pay - Again
upon as
times
charged by the company but pretends-that he ought
not to be changed with many of the
items
charge the contrary and insist that all the several accounts by them stated
chargeable against said
he had no
just claim to any thing in the said peltries & c except his one third part
of
the
the whole damages aforesaid given for the
whereas your orators charge that he is not entitled
acts and
doings of said
to the manifest wrong and ingury
of your orators - In tender consideration whereof
and
law, and cannot have a discovery of the truth of
the several matters aforesaid
superior court of the Territory of
properly
may upon his
singular the matters and things herein before
same were
especially that he may setforth and discover
1st Whether the
then what were they-?
2nd Whether the whole capital
amount herein stated and the purchases of
3rd Whether the said
upon as
herein stated and your
4th Whether the amount of said goods
=
unaccounted for?
5th Whether the said several charges and accounts herein stated against the said
not correct, and if not what should they be and what Items
ought not
6th Whether there was not an agreement to settle the said matters as herein stated and said
suit
7th Whether there was not a
of said
8th Whether the said
were not damages and judgment
9th Whether the said
when
their agreement with your orator
thereof?
10th Whether your Orator
where he
was, informing him that most probably he could dispose of
what was the reason that he did not
bring them?
11th What was the reason that said
company
your
12th whether all the exhibits of accounts and
if not how are they
not so?
And may it please your honors to grant into your
counsellors agents and all
enjoining them to desist from
matter shall be heard in you honourable court, and also your honor's gracious
writ of
certain day to be named therein and under a certain, to
answer unto your
and singular the matters and things above
Honorable court
as to your honors shall seem
proper. And your
an
prayer of the Bill upon the complaintant
their Band north
as their security in double the
judgment rendered against them
in
the circuit Court
The answer of
of
to the
The defendant
and
hereafter all
of
the
of complaint
that he
never made any
ment with said
bill
there
them
so
of damages against
to
mentioned in
their
their
missed their said
without that there is no
to
is
oath
and that the
ant
stated in the foregoing answer are
The demurrer of
all and
by the said
The said
of complaint to be true, in such
and manner
-essed and contained.
the
following
in the
shewing.
lainants is not within the
that the said defendant is
to
person
with whom he was not
and
no
according to the
at the
of the
with a copy of the
to in
shall make any
for deft
Nothern Circuit
For are commanded that all
and for the
of complainant John Connelly and
abide by
and
at
Served this writ
by
at
his place of
he had
of said communications understood and
and said
brought by said
and this deponent saith that in
open court
affidavit
Sitting as a court of Equity for the northern Circuit at
Connelly and
about the
certain discourse was had and moved by and between your said orators and a certain
ssippi and its tributary waters. to be by your said Orators and the said Samuel B.Smith
thereafter made in partnership for the purpose of trading with the Indians in bartering
goods wares and merchandize for the furs,
that
it was finally agreed at or about the date aforesaid by and between your Orators and
said
equal proportion towards the outfit and purchases necessary for the said
an equal share, in the
expences and
equally amongst them the said
partners whatever profits should accrue to the said partnership,
or be made by said
trading voyage; and your Orators further state that on said
day of August
said
several partners had contributed in equal sums towards the said voyage up the
for the purpose of trading for furs and in which said agreement it is
stiputlated that
at the termination of said expedition and after the sale of the
proceeds of such trade the nett
proceeds thereof as well of the profits as of all
the said partners, a copy of which article of agreement is
herewith filed marked exhibit No 1
and which your orators pray may be taken
as part of their bill of complaint- Yours Orators
further state that the sum of two
hundred and twenty three dollars and ten cents, the said
It being executed for so much as said
proportion of the outfit as by the agreement he was to do, a copy of which said note is
herewith filed
marked
Orators pray may be taken as a part of this their bill of
complaint.- Your Orators further state
that the amount of the equipment and goods
actually furnished by all the partners of said company
a boat and provisions inclusive
amounted to the sum of five thousand three hundred and
thirty six dollars and forty
seven cents, exclusive of said sum of
dollars and ten
cents for which the said
to
indemnify your Orators for the amount they had furnished over and above their relative
proportion a copy of the invoice of which goods is herewith filed marked Exhibit C which
your
Orators pray may be taken as a part of this their file of complaint; Your Orators
the
the permission of
your Orator John Connelly and said
said expedition in
person did with the consent of said
hire a certain John
Manson to accompany the expedition in the place of your Orator
Fernon and as his agent
to
of which hiring were well known to said
was to have one half of the profits accruing to said
Your Orator state that having embarked on said
expedition your Orator Connelly and
the said
arrived and were at the Mouth Rock
with said
ked with one of the Interpreters, and the one third past of the companies goods as
aforesaid
purchased, and commenced trading with the Indians and that the said
Manson with the rest of the hands and Equipment were to ascend the
State that your
Orator Connelly in the course of the trading season, Bartered of his one third
part of
the goods, for furs peltries and other articles of trade, to the value of One Thousand
and sixty eight dollars and seventy eight cents, an Invoice of which together with an Invoice
of the goods unsold by the said Connelly and returned into the common stock of said
company- is
herewith filed marked (Exhibit D) which your Orators pray may be taken as a
and that during the said
& C- only to the amount of four hundred and Eighty dollars
& eighty four cents an account
of which, together with
may be taken as a part of this their Bill- Your Orators
State that your Orator John Connelly
understanding that said
unsold
which the said
was,
informing him that if he would do
that the said
company, came to where
your Orator Connelly, was trading with only two
ming your Orator Connelly, that he had brought about one half of the goods which he and
Manson had, as for as Rock Island and had left them there your Orators state that the
said
many
objections urged by your Orator Connelly to his doing so, the said
intention, that your
Orator Connelly finding it in
on
for
Connelly and informed him
that he had left two other Keg's of gun
to the care of a French
Trader and then set out for Rock Island for the goods he had left there
and returned to
Rock river with them, and commenced bartering with the Indians. Your
Orators state that
shortly thereafter, the trading season being over and the said Manson having
returned to
the mouth of the river with the boat the whole
in her with the furs.
yet remaining unsold and descended to
Davis in the town of
in the possession of said
hundred and seventy six dollars and thirty two cents were
never returned into the common
stock of said company and have not been accounted for to
the said firm by said smith &
Manson and were and have been a loss to the
said company of so much. Your orators
further charge that in consequence of the bad
management of said
the latter of whom they are informed was controlled
by said
to the partnership concerns and the interest of the company. the company have
sustained a loss of upwards of three thousand dollars your orators further state that
the
said smith after the said
aforesaid and altho your orators were then in the town of
and without the consent or knowledge of your orators to cause the said peltries and furs
to be transported to the cellar of one
sold
the same to one
to believe
and still
the Territory without
in any wise acounting for the same to your orators but by that means
of
counting the said furs
& peltries for the said Towns before your orators had
Fraudulent doings
purposes and intentions of the said smith your orator state that they
thereupon brought
their action of
said action frequent propositions were made by your Orators to said
accounts, that the said
and agreed with them that he would make a settlement of the whole partnership concerns
That your orators upon the faith of that agreement
and your orators further state that in pursuance of an agreement by and between your
orators and
said
one of said
each to the other in the penal sum of one Thousand dollars to
be void as to each of said parties as
they should
your Orators state that in pursuance of said agreement and by the submission
& with the
consent of the parties thereto, the said
of our Lord one thousand eight hundred and
seventeen
being duly sworn a true and just award
to make, did enter into an examination of the accounts and
matters in difference between
the said parties and the evidence and witnesses then & there
produced before
them by said parties who were then & there present & contesting their
rights
and did then and there after a full examination & consideration of all
and singular the said
matters award that you orator
by
the said company in the sum of one thousand seven hundred & seventy six dollars
& Thirty two
cents for and on account of a
had not accounted for and that each of them
(Exhibit F) which is prayed to be taken as a part of this Bill-
your orators state that the said
award was then and there presented to the said
by and perform the same which your Orators were wiling on their parts and then
& there
to do, But your Orators state that the said
orators not regarding did wholly refuse to perform
& comply with the same and on the third day
thereafter filed his bill of
complaint against your orators in the honorable the superior court for
the Territory of
forth
that your orators were about to
by him
pretended to be due and coming from the said company to him, under the said agreement
that he had been an active partner in transacting the business of said company, and praying
that
your orators might be compelled to render an account and pay to said
tended to be due and coming to him from said company and that a writ of ne
might issue against your orators pretending that your orators were about to leave the
Territory and for the purpose of haraping and
Territory and for the purpose of harassing and
state nothing in equity and good conscience was due and
For
your orators state that the whole amount of peltries and other articles traded for by said
company on said Expedition amounted but to one thousand five hundred and forty nine
dollars & sixty two cents according to exhibits before made and mentioned
1549.62
and that the nett proceeds of the goods returned into the common stock of
said
company and sold for the benefit of the concern amounted to but the sum of
will appear by an
exhibit
produce the sum of Two thousand four
hundred & eight dollars, forty one cents and
a half and that the said sum of
one Thousand seven hundred & seventy six
dollars and thiry two cents which
the said
1778.32.
in equal proportions for the goods as aforesaid
which was awarded against them as aforesaid in favour of the company which
added to the last result makes the sum of four thousand one hundred &
eighty four dollars seventy three and a half cents which being divided
4184.73 1/2
into three equal shares gives to each of the partners the sum of one Thousand three
hundred and ninety four dollars and ninety one cents against which
1394.91.
your
orators state that the said
the said
sum of one Thousand seven hundred and seventy six dollars thirty
two cents as awarded by
the
aforesaid amounting to the sum of eight hundred & eighty eight
dollars
888.16
sixteen cents and that your orators have paid off the debts of the
company
to the amount of eight hundred & ninety nine dollars one and an half
cents as per an
account herewith filed appears marked (exhibit H) which is prayed to
be taken as part of this Bill with one third part of which said
justly charged by your Orators, and for which he ought to account with them amounting to the
sum of two hundred and ninety nine dollars of Sixty seven cents and that the 299.67.
959-39.
said
fifty nine dollars and thirty nine cents arising out of the company concerns
including the promissory note executed by said
per account
herewith filed appears marked (Exhibit II) and prayed to
be taken as part of their Bill.
And also that said
company in other the sum of one hundred
and twenty three dollars, and Seventy
two cents as per account herewith filed marked
(Exhibit K) and prayed
to be taken as part of this Bill, The two thirds whereof the said
able with by your Orators amounting to the sum of Eighty two dollars and 82.48
forty
eighty cents - which make an aggregate amount of Sixteen hundred
and twenty nine dollars
and ninety cents. with which the said
is justly chargeable by your Orators
in a settlement of the partnership concerns.
as your Orators
hundred and thirty four dollars and ninety cents as due from said
on a fair Settlement of the affairs of said company; That notwithstanding
that the
accounts stand as your Orators have herin setforth, and that the said action of
Replevin
was dismissed on the faith of the agreement of the said
as before stated;and that the said
as before stated; the said
as herein before stated; the
said
by his attorney came and moved the
court, for a writ
for a writ of enquiry of damages for the
detention of the aid peltries,
your Orators and had the same awarded
to him in the said action; and your Orators
state that at the June Term last of the
circuit court for the county of
jury came on the said writ of Enquiry and
returned a verdict against your Orators
for the sum of twenty four hundred and fifty
dollars. The said court then and there on
the trial of the said writ not permitting any
of the Equitable matters of defence to said
writ as herein bfore stated, to be heard by
the jury but rejected the same when they
were then offered in evidence by your Orators,
and that Judgment was
rendered against your orators for the said sum besides costs and that your
Orators
persons and property are now threatened to be taken in execution, in satis-
faction of
said judgment so iniquitously obtained, and that too for one third of
upwards more that
the value of all the peltries furs and other articles traded for
by said company on said
expedition and does not
as in justice he ought to do.-
But now so it is may it please your honors, that
the said Samuel, B. Smith combining and
confederating with divers
at present unknown to your Orators / But whose names when discovered
they pray may
be herein inserted and they made parties
said
with your orators, and refusing to perform the said award at your
orators requrest
But in violation and breach of the same prosecutes his said suit in
Equity against your
Orators and his said writ of Enquiry to Judgment and Execution,
Sometimes pretending
that he never made any agreement to compromise the concerns of said
partnership
nor ever submitted the same to arbitration, to hereof your Orators change
the contray
and which again the said
your Orators would not settle and account with him and would not submit
the same
to arbitration and were unwilling to perform the said award;
Orators charge the contrary
and that they were willing and offered to perform
the award, which the said
and filed his bill as aforesaid, pretending that
he had been an active
of the company, that he had so
acted as most to promote its interest as far as in his
power, that he had sold the said
company and intended to account therefor to the said
company and that he
had received anything from the said company, and that your Orators
were combining
and confederating to defraud him of his part of the proceeds of said
partnership. Whereas
your Orators charge the contrary and that the company sustained
great
the
negligence and bad conduct of said
he
neglecting the company's business and permitting great waste of the company's pro-
erty contrary to the advice and wish of your Orator Connelly, and needlessly
employing
persons in the service of the company and allowing to them extravagant
wages which your
Orators have had to pay_. Again
Manson accounted to the
company for all the goods which they had taken to trade
upon as aforesaid, whereas your
Orators charge the contrary, and again at other
times
charged by the company but pretends -
that he ought not to be charged with many of the
Items herein before stated as
chargeable by said company against him. Whereas your Orators
charge the contrary and
chargeable against said
he had no
just claim to anything in the said peltries except his one third part
of the
the whole damages aforesaid given for the detention of the whole of said
Peltries-
whereas your Orators charge that he is not entitled to one cent thereof- All
which
acts and doings of said
to the manifest wrong and injury of your Orators _. In tender consideration
whereof
(7)
and for as much as your Orators are utterly
law, and cannot have a discovery of the truth of the several
matters aforesaid, but by the
Corporal Oath of the said
several
concerns without the aid and
superior court of the Territory of
properly
may upon his corporal oath, full,
singular the matters and things herein before set forth as fully and particularly as
if the
same were here again respected and he thereunto particularly interogated, and
more
especially that he may set forth and discover.
1st Whether the Terms of said partnership
then what
were they-?
2nd Whether the whole capital Stock of said company and equipments were not of the
amount herein stated and the purchases of Peltries & by the company as herein also
stated?
3rd Whether the said
upon as herein stated- and your orator Connelly the remaining third, and also
whether the Invoice of the goods that were not sold, and returned into the common
4th Whether the amount of said goods
ounted for the the said company are correctly stated and if not what was the amount
unaccounted for?
5th Whether the said several charges and accounts herein stated against the said
not correct and if not what should they be- and what Items ought and what
ought
not be charged thereof against said
6th Whether there was not an agreement to settle the said matters as herein stated and said
suit dismissed upon the faith of that agreement?
7th Whether there was not a submission & award as herein stated and
of
said
8th Whether the said
Orators as herein stated and did not he proceed pending the same against
Orators with his
were not damages
and Judgment given as stated?-
9th Whether the said
when their agreement with your Orator Connelly was
thereof
?
10th Whether your Orator Connelly did not write to said
where he was
informing him that most probably he could dispose of them there, and
what was the reason
that he did not bring them?
11th What was the reason said
company unnecessarily and to a large amount by paying
extravagant lire all which
your Orators have since had to pay?
12th Whether all the Exhibits of accounts and Invoices are just and correct and
if not
how are they not so?
And may it please your honors to grant unto your
Orators, your writ of Injunction
directed to the said
counsellors, agents and all
concerned, and to the sheriff of the county of
matter shall be heard in your
honorable court, and also your honor's gracious
writ of
certain day to be named therein and under a certain, to
and singular the matters and things above alledged against them, and that the
Honourable
court shall grant unto your orators such other and futher relief
as to your honors shall
seen proper- And your orators will ever pray
Territory of
duly
the same to be
Sworn
day
me
an
prayer of the Bill upon the complainant executing
their bond with
as their security in double the amt of the
judgment rendered against them in
the
It appearing to us the undesigned arbitrator
a deficit of One Thousand Seven Hundred and
Seventy six dollars 32
cts
in trade of said
to the management of
as they
have not exhibited to us any
Whatever of have this deficiency has accured
We award that each of
stand charged by the firm with his Individual
half of
be charged and held
of Fernon
sum of Eight Hundred and eighty eighty dollars
16 cts and in that
and held Indebted to the said
hundred and Eighty eighty dollars and 16
cts
which Several
and seals the day and dates above
matter
Ephraim Town Being duly sworn on
parties
arbitration they
proofs of the said
agreed upon and bought a award between the Said
the other side_ and further
Sworn
1817
the
of the



