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Title: Thomas Wood vs. John B. Tenony and Cyrus Curtis
Plaintiff: Wood, Thomas
Defendant: Tenony, John B.Curtis, Cyrus
Date Filed:
Term:
Cause of Action: Trespass on the CaseBreach of Contract
Case Number: 34
Court: St. Louis Circuit Court
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

Territory of MissouriMissouri, County of Saint LouisCounty of Saint Louis

ThomasThomas Wood complains, of John BJohn B. Tenony, and Cyrus CurtisCyrus Curtis traders doing business together, by the name, of John BJohn B Tenony, and Cyrus CurtisCyrus Curtis, of a plea, of trespass on the case for, that the said Defendants at the, County of Saint CharlesCounty of Saint Charles, in, the territory aforsaid to wit the, County of Saint LouisCounty of Saint Louis aforesaid on the twenty fifth day of June, in the Year. one, thousand eight hundred, and seventeen, in consideration that, the said plaintiff had, at the special instance & request, of the said Defendants worked, and laboured, for them the said Defendants, the said Defendants promising to, pay him the sum of twenty, five Dollars and the plaintiff then he worked for the, said Defendants for the space of five months of all which the said Defendants then & there, had notice, and by reason they, the said Defendants then other became and to assumed upon themselves and to the, said plaintiff promising to, pay him the sum term of money on request,

And also for that the said Defendants then & there in, consideration the said plaintiff before that time, had at the like instance, and request of the said Defendants done & performed, certain work, labours, services, and duties, as for and during, the space of six months the said Defendants then & there promised, the plaintiff to pay, him him then for what he, reasonably deserved, to have or demand, and the plaintiff that he reasonably deserved to have therefor, the sum, of one Hundred & fifty dollars. of which the said Defendants then & there, had notice what, by reason, thereof the said Defendants then & there, became liable, to pay to the said plaintiff the said sum of money on request, and being so liable, the said Defendant then

& there, assumed upon themselves and, to the said plaintiff promised, to pay the said sum, of money on request,

And, also for the said Defendants, there, on the first day, of January, in the term last, aforesaid the said plaintiff that, if he would render, to them his service, as with they would, pay him then, for the two first months at the rate, of eighteen dollars per month, and the remaining part at, twenty five dollars per month and the plaintiff avows that he did work labour, and render his services to, them Indian interpreter thereafter, wards for the space &, term of five months and of all which the said Defendant then & there on, the twenty fifth day of June, at the County aforesaid became liable, to pay to, the said, plain-tiff therefor on demand, the sum of one Hundred Eleven Dollars lawful, money of United StatesUnited States on demand, and being so liable then & there, assumed upon, himself and to the said plaintiff promising to, pay to, him on demand, the same, sum of money

the said defendants though often requested, have ever refused, and still do refuse, the said sum of, money of of them to the said plaintiff to pay Damage two, Hundred Dollars wherefore he sues,

Edward HempsteadE. Edward HempsteadHempstead
territory, of MissouriMissouri County of Saint LouisCounty of Saint Louis

ThomasThomas Woods being, duly sworn, on his oath saith, that CurtisCurtis and Tenony, unjustly indebted to, him in the, sum of Twenty two, Dollars for his is a for that amount that said Defendant ought to be held to, to

bail, is the sum of one hundred Thirty Dollars to serve such debts and costs, -

Sworn, to & subscribed the 30th day of June A D 1819 before me, ThomasThomas Wood J.V. Garnier
Territory, of MissouriMissouri County of Saint LouisCounty of Saint Louis,

I MaryMary P LeducP Leduc, As clerk of the Circuit CourtCircuit Court, for the county, of St LouisSaint Louis on the above affidavit & under, the Law do order the said John BJohn John BB Tenony & Cyrus CurtisCyrus Curtis be held in bail in, the suit, of ThomasThomas Woods in, the plea aforesaid, in the sum, of one, Hundred thirty dollars given, under my, hand as clerk, of said court, july 3rd 1817

M. P LeducP. Leduc Clk,

Executed, this writ in the Town and, County of S LouisCounty County of S Louisof S, County of S LouisLouis, July 14th 1817, by arresting the, Defendants and taking Bail as, will appear by the

Service$1.50 Bail Bond, .50$ 2.00

No - 34, Oct Term 1817 ThomasThomas Wood vs John BJohn B. Tenony Cyrus CurtisCyrus Curtis,

This is an action, of trespass, on the case for wages, on the affidavit & order issue a copius, damage 200 bail required, for the sum of 130

filed July 3rd 1817 According to the witness affidavit, and order the the sheriff, will hold, the defendants to bail in the sum of 130. M. P LeducP. P LeducLeduc Clk, B.
Territory of MissouriMissouri County of St LouisCounty of County of St LouisSt, County of St LouisLouis ss The United StatesUnited States of AmericaAmerica to the Sheriff of said County Greeting

We command you to take John BJohn, John BB Tenony, and Cyrus CurtisCyrus Curtis, if they may be found within your bailiwick, and there, safely keep so that, you may have their bodies, before the judge, of our circuit court, , to be held at the town of St LouisSt, St LouisLouis, within and for the County of St LouisCounty of County of St LouisSt, County of St LouisLouis, and the on the second Monday, of October next, then there, to answer unto ThomasThomas Woods, of a plea of trespass, on the case, to the damage of the said ThomasThomas, the sum of two hundred dollars, and have you then there, this writ.

Witness MaryMary P LeducP Leduc, Clerk of our said Court at the town of St LouisSt, St LouisLouis within and for the County of St LouisCounty of County of St LouisSt, County of St LouisLouis this third day of July, in the year eighteen hundred and seventeen, and of our independence, the forty first. M. P LeducP Leduc, Clerk McGirkMcGirk

Know all men by these presents, That we Cyrus CurtisCyrus Curtis, - and John BJohn John BB Tenony, - as principal, and JesseJesse G. Lindill, as are held and firmly bound unto John W ThompsonJohn W. Thompson, sheriff of the county of St LouisSt. Louis his assigns or successors in office, in the sum of one hundred, and thirty dollars, currency of the United StatesUnited States, to which payment well and truely to be made, we bind our-selves and each of us by himself our and each of our heirs, executors, administratiors and assigns, firmly by these presents. Sealed with our seals and dated this 14th day of july in the year of our Lord one thousand eight hundred and seventeen

The condition of above obligation is such, That if the above bound Cyrus CurtisCyrus Curtis, and John BJohn B. - shall appear at the next circuit, Court to be held at the town of St LouisSt. Louis, on the second, monday in october next to answer unto ThomasThomas, Woods in a plea, of trespass, on the Case to the of the said ThomasThomas two hundred dollars, and if judgment be given against him at that or any subsequent term of said court, that the said Cyrus CurtisCyrus Curtis & Jn B Zenory, will pay the Damage aforesaid and costs, or the amount of the condemnation of the court, or surren-der himself in execution therof, or that the said Jesse G LindellJesse G Lindell, will do it for them then the above obligation to be void, else to remain in full force and virtue in law.

Signed sealed and delivered in the presence of Cyrus CurtisCyrus Curtis, B Zenory,
CurtisCurtis, ads. Woods,

The his atto comes and defends the wrong, and injury, when and says, that he did not excuse himself in manner, and form as the plaintiff in hath alleged against him, and this he prays may be excused of by the country.

Burton Atto, And thewith the like
CurtisCurtis ads Woods,

plea.