Title: Bank of Missouri vs. William Clark
Plaintiff: Bank of Missouri
Defendant: Clark, William
Date Filed:
Term:
Cause of Action: Trespass - Breach of contract (promissory note)
Case Number:
Court: St. Louis County 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
county of
The president Directors
Shother their attorny complain of
the care, For that whereas
day of July in the year eighteen hundred and twenty two
county aforesaid made his certain note in writing commony called a
note, which is to the court here now shown by which said note he the said
said
received without
And the said
the County aforsaid endorsed the said note in writing by which said
sum of money in the said note specified to be paid to the said plaintiff
And the said plaintiff in fact say that afterward when the said note
was presented and shown at the said
and payment of the said sum of money therein specified was then
and there duly required accordingly to the tenor and effect of the said
or persons on behalf of the said
when the said
as aforesaid or at any other time before or afterwards pay the said
sum of money therein specified or any part thereof but wholly neglected
and refused so to do. of all which said several premisis the said
afterwards
aforesaid had notice, by means whereof the said william then and
note specified when he the said william should be thereunto afterwards requested
and being so
and then and there faithfully promised the said plaintiff to pay then the
said sum of money when he the said william should be there
requested,
And whereas also the said
July in the year eighteen hundred and twenty three
indebted to the said plaintiff in the further sum of two thousand dollars
for so much money before that time had and received by the said
to and for the use of the said plaintiff; and being so indebted he the
said
year
there faithfully promised the said plaintiff to pay then the said
mentioned sum of money when he the said william should be thereunto
afterwards requested.
never
paid to the said plaintiff the said several sums of money or other of them
or any part thereof but to pay the same to the said plaintiff has
wholly neglected and
to the damage of the said plaintiff of two thousand dollars and therefore
they being
of the
vs
And the said plaintiffs say that the said declaration
and the matters therein contained in manner & form as the same are above
Estated & set forth,
and maintain then aforesaid action thereof against him the said
the court here shall
hath not answared the said declaration nor hitherto in any manner
the same, the said plaintiffs
hot performing of the said several
mentioned to be
We command you to summon
before the
to be held at the
on the first monday of October next then and there to answer
unto the
of a plea of
then
Court at office this
benefit of the
vs
This is an action of
damage #2000. The clark will
a summons
Executed this writ on
his acknowledging service to the same
The plaintiff and
will take notice that they are required to
the
to the
in the decleration mentioned, And this they
are required to produce on the
of paid deed.
Attys & Deft
Prisedent Directory
of missouri
And the said Defendant comes
that he did not undertake the or promise in
against him and of this he puts himself upon the country
Allys & Dept
And for further
Defendant says that the said plaintiff
ought not to have or maintain their action
aforesaid thereof against there because he
says that before the commencement of this
in the year eighteen hundred and twenty
three
the said plaintiff did by their
deed in writing under their seal
in day &
afrige
declaration mentioned to the
and
to the said
said plaintiff in and to the note aforesaid
and theif the said deed is
he is ready to verfy wherefor he prays
judgment if the said plaintiff ought to
have or
further against this Defendant
Demurrer to 2nd plea
Janidu & Shother
Attys & Dpt
Mr. Clark
ads
Bank
Pleas
of the
vs
And the said plaintiff by their Attorney comes
and defend the wrong & injury when &c. and says as
to the first plea of the said defendant by him first
above pleaded & whereof he has put himself upon the
Country they the said plaintiff do the like
And as to the second plea of the said defendant
by him above pleaded the said plaintiff say that the said
plea and matter therein contained in manner and form
as the same are above pleaded and set forth are not
sufficient in law to bar the plaintiff from having &
maintaining there action aforesaid against him the
clark and that the plaintiffs are not bounded by the
law of the land to answer the same and this they
plea in this behalf the said plaintiff pray judgment.
vs
Sct.
We command you to attach
if
before the judge of our circuit court, now sitting at the city of
unto the state of
in not attending as a witness in a case of
defendant, on the part of the
county, and have you then there this writ.
at the city of
in the year of our Lord one thousand eight hundred and
and of our independance the
Executed
Court
The
for
County Of
You are hereby commanded to Summon
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of
our
then and there to testify and the truth so say, in a certain matter of controversy
now pending in our said
Court, wherein
and
on the part of the
in the year of our Lord, one thousand eight hundred and twenty
vs
forthwith
for Dept
22nd 1824
