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Title: John O'Fallon, William Clark, et. al vs. Missouri Fur Company
Plaintiff: O'Fallon, John William Clark, et. al
Defendant: Missouri Fur Company
Date Filed: November 6, 1823
Term: October Term, 1823
Cause of Action: Tresspass on the case (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

MissouriState Missouriof Missouri County of Circuit CourtSt. Louis Circuit CourtCircuit Court June Term 1823

John O. Fallon William ClarkWilliam William ClarkClark Bernard Pratle August ChouteauAuguste August ChouteauChoteau and Robert WashRobert Wash complain of Thomas HempsteadThomas Thomas HempsteadHempstead CharlesCharles I. HempsteadHempstead Executor & mary lisa Executing of Manuel LisaManuel Manuel LisaLisa deceased Joshua PilcherJoshua Joshua PilcherPilcher Joseph PerkinsJoseph Perkins Andrew Dripps Angus W Mc Leonard AndrewAndrew Woods William H Lucian Fortenelle & Moses B Carson surrving partners of Thomas HempsteadThomas Thomas HempsteadHempstead CharlesCharles I HempsteadHempstead Ex. and mary LisaLisa Ex. of Manuel LisaManual Lisa deceased Joshua PilcherJoshua Joshua PilcherPilcher Joseph PerkinsJoseph Perkins. J. B. Lenone Andrew Dripps Robert JonesRobert Jones AndrewAndrew Woods Angus W. M. Leonald WilliamWilliam LucindaLucian Fortenelle & modes B. Carson partners & Waders doing business under in name and style of the missouri Missouri Fur CompanyFur Company of a plea of trespass on the case upon promises for that whereas here to for to wit on the nineteenth day of April in the year Eighteen hundred and twenty two at St LouisSt. Louis to writ at the county aforesaid the said Defendants together with the said Robert JonesRobert Robert JonesJones & the said J. B. Lenone partners and waders as aforesaid made their certain note in writing commonly called a prom -issory note bearing date the day and year aforesaid and now to the court shown by which said promissory note they the said defendants together with the said Jones & Leonone then & there promised sixty days after the date thereof to pay to one ThomasThomas Hemp stead or order the sum of four thousand dollars for value received without negotiable and payable at the Bank of missouri. And the said Thomas HempsteadThomas Thomas HempsteadHempstead to whom or to whose order the payment of the said sum of money in the said promissory note specified was to be made after the making of the said promissory note and before the payment of the said sum of money shown specified to wit on the day and year last aforesaid at the county aforesaid endorsed the said promissory note to the President & Company of the Bank of MissouriBank of Missouri and thereby then & there ordered and appointed the said sum of money is said promissory note

specific to be paid to the said President and Company of the Bank of MissouriBank of Missouri

And the said President and Company of the Bank of MissouriBank of Missouri (by the name and of Thoff Riddich Pres. B K Missouri) to whom or to whose order the payment of the said sum of money in the said promissory note & specified was by the indorsement aforesaid directed to be made after the making of the said promissory note and before the payment of the said sum of money therein specified to not on the day and year aforesaid at the country aforesaid indored the said promissory note to the said Plaintiffs by which said last mentioned indorsement the said President & Company of the Bank of MissouriBank of Missouri (by the name and aforesaid) then & there ordered and appointed the said sum of money in the said promissory note specified to be paid to the said Plaintiffs, by mums whereof they the said defendants together with the said Jones LenoneJones & Jones LenoneLenone then & there became liable to pay to the said Plaintiffs the said sum of money in the said promissory note specified according to the tenor and effect thereof; and being so liable the said defendant together with the said Jones LenoneJones & Jones LenoneLenone ( farmers and traders as aforesaid) in consideration thereof afterwards to wit on the day and year aforesaid at the county aforesaid undertook then & there faithfully promised them the said Plaintiffs to pay then the said sum of money in the said promissory note specified according to the tenor and effect thereof

And whereas also the said defendants together such the said Jones LenoneJones & Jones LenoneLenone, afterwards to wit on the Twenty first day of June and year aforesaid at the county aforesaid indebted to the said Plaintiffs in the further sum of four thousand dollars for so much money before that time by the said plaintiffs and & and for the use of the said defendants together with the said Jones LenoneJones & Jones LenoneLenone and at there special instance and requested, paid laid out and expended; and in the fur ther sum of four thousand dollars for so much money by the said Plaintiffs before that time lent and advanced to the said defendants and the said Jones LenoneJones & Jones LenoneLenone and at their like special instance and request; and on the further sum of four thousand dollars for so much money by the said defendants together with the said Jones LenoneJones & Jones LenoneLenone before that time had and received to and for

the use of the said Plaintiffs and being so indebted they the said Defendants together unto the said JonesJones and Lenone) in consideration thereof afterwards to wit on the day and year aforesaid at the county aforesaid underlook and then & there faithfully promised them the said plaintiffs to pay them the said sums of money aforesaid when they should be thereunto afterwards requested the said Defendants and the said Jones LenoneJones & Jones LenoneLenone law not paid (at the often requested so to do & altho the said several sums of money have been long since due and unpaid) nor have of then paid to the said plaintiffs the said several sums of money aforesaid or any part thereof but the same to the said plaintiffs to pay the said Defendants and the said Jones LenoneJones & Jones LenoneLenone have witherto wholly refused and the said Defendants still so refuse to the damage of the said plaintiffs of six thousand dollars and therefore they sue &C.

PettisPettis Atty p. q.

And whereas also afterwards to wit on the day and year last aforesaid at the county aforesaid the said Defendants together with the said Jones LenoneJones & Jones LenoneLenone & accounted wish the said plaintiffs of and concerning divers other sums of money before that time due and owing from the said Defendants and the said and to the said plaintiffs and then & there being in arrear and unpaid and upon such accounting the said Defendants together with the said Jones LenoneJones & Jones LenoneLenone were then & there found in anear and to the said plaintiffs in the further sum of four thousand dollars and being so found in anear and indebted they the said Defendants with the said Jones LenoneJones & Jones LenoneLenone in consideration thereof afterwards to writ on the day and year last aforesaid undertook and then & there faithfully promised the said plaintiffs to pay then the said sum of money where they show be thereunto afterwards requested the said Defendants altho often requested so to do have not paid the said plaintiffs the said sum of money or any part thereof wether have there of them paid the same nor have the said Jones LenoneJones & Jones LenoneLenone paid but the same to the said plaintiffs to pay the said defendants and the Jones LenoneJones & Jones LenoneLenone have hitherto wholly refused and neglected the said Defendants should do refuse and neglect to the damage of the said plaintiffs of six thousand dollars and therefore they sue &c.

PettisPettis Atty p. q.

And whereas also the said defendants and the said Jones LenoneJones & Jones LenoneLenone hereto for to unto or the said nineteenth day of April in the year eighteen hundred and twenty two at St LouisSt. Louis the county St LouisSt. Louis to wit at the county aforesaid made their certain note in writing commonly called a promissory note bearing date the day and year afoursaid and now to the court shown by which said promissory note the said defendants and the said Jones & Leonone then & there promised sixty days after the date thereof to pay to one Thomas HempsteadThomas Thomas HempsteadHempstead or order the sum of four thousand dollars for value received without defalcation negotiable and payable at the Bank of MissouriBank of Missouri and the said Thomas HempsteadThomas Thomas HempsteadHempstead to whom or to whose order the payment of the said sum of money in the said promissory note specified was to be made after the maring of the said promissory note and before the payment of the said sum of money therein specified to wit on the day and year last aforesaid at the county aforesaid in dorsed the said promissory note to the Thomas Reddieth (by the name and decerption of Prs B K Missouri) by which said indorsement the said Thomas HempsteadThomas Thomas HempsteadHempstead then & there ordered and appointed the said sum of money in the said promissory note specified to the said Thomas Riddieth (by the name and deserption aforesaid) And the said Thomas Reddieth by the name by the name and aforesaid, to whom or to whose order the payment of the said sum of money in the said promissory note specified was by the indorsement aforesaid to be made after the making of the said promissory note and before the payment of the said sum of money therein specified to wit on the day and year last aforesaid at the county aforesaid indorsed the said promissory note to the said Plaintiffs by which said indorsement the said ThomasThomas by the name & deserption aforesaid then & there ordered and appointed the said sum of money in the said promissory note specified to be paid to the said Plaintiffs and the said Plaintiffs over that afterwards to wit on the twenty first day of June on the year aforesaid at the Bank of MissouriBank of Missouri aforesaid the said promissory note was duly presented and shown to and at the Bank aforesaid for payment thereof and payment of the said sum of money therein specified was then & there duly required according to the tenor and effect of said promissory note, but that neither the said bank of MissouriMissouri nor the said defendants or the said Jones & Leonone nor any other person or persons on behalf of them and or would at the said time when the said promissory note was so presented and shown for payment thereof as aforesaid or at any other time before or afterwards pay the said sum of money therein specified or any part thereof but wholly negleted and refused so to do; of all which said By means whereof the said defendants and the said Jones & Leonone then & there became liable to pay to the said Plaintiffs the said sum of money in the said promissory note specified when they the said defendants and the said Jones & Leonone should be thereunto afterwards requested and being so liable they the said defendants and the said Jones & Leonone in thereof afterwards to wit

on the day and year last aforesaid at she county aforesaid undertook and then and there faithfully promised the said plaintiffs to pay their the said sum of money in the said promissory note specified when they the said Defendants and the said Jones & Leonone should be there unto afterwards requested the said Defendants and the said Jones & Leonone altho often requested so to do, have not nor had when of them paid to the said Plaintiff the said sum of money in the said promissory not specified or any part thereof but the sum to the said Plaintiff to pay the said Defendants and the said Jones & Leonone have to wholly neglected & refused and the said Defendants still do neglect & refuse to the damage of the said Plaintiff of six thousand dollars and therefore they sue & C.

PettisPettis Athy P.q.
192 Circuit CourtSt Louis Circuit Court October Term 1823

John O'FallonJohn John O'FallonO John O'FallonFallon & others vs Missouri Fur CompanyMissouri Fur Company

This is an action of trespass on the case upon promises Damage $6,000 Let a summons for

Petter Atty Archibald GambleA Gamble Clk filed 6th Nov 1823 Archibald GambleA.Gamble Clk
In the Circuit CourtCircuit Court St. Louis County John O'FallonJohn O Fallon William ClarkWilliam Clark Bernard Pralte August ChouteauAugust August ChouteauChouteau & Robert NashRobert Nash Joshua PilcherJoshua Joshua PilcherPilcher vs An Woods & Mc Donald Thomas HempsteadThomas Thomas HempsteadHempstead Charles Hempstead Ext of Manuel LisaManuel Lisa decd. St. MaryMary Lisa of Manuel Lisa decd. which said ThomasThomas Charter and JoshuaJoshua Pitcher. Woods and Donald are impleaded much

WilliamWilliam H Van der berg to Moses B Cansen

And the said Defendants Joshua AndrewAndrew & August and, Thomas HempsteadThomas Hempstead, I HempsteadHempstead Execute & Mary LisaMary Lisa Ex of Manuel LisaManuel Manuel LisaLisa decd impleaded as aforesaid - come by then Attorney and defend the & Injury when or are of said promissory in said declination mentioned is read to them in these words

St LouisSt Louis April 19. 1822

Sixty days after date we promise to pay to Thomas HempsteadThomas Thomas HempsteadHempstead on order four thousand Dollars for value received without defalcation negotiable and payable at the Bank of MissouriBank of Missouri (Signed) Thas HempsteadHempstead ac `p

. Tho HempsteadHempstead - Tho HempsteadHempstead ac - P m 26 Thoff Reid dick Pis Prk Miss

which being read & heard said Defendants say that they did not promise in as they said plaintiffs have there of above in their said declaration complained agreement them & of this said Defendants do put upon the County

Fams SpaldingSpalding for Dfts

Prk Marker vs Thomas HempsteadThomas Hempstead plea nor

State Of MissouriMissouri, County of St LouisCounty of St. Louis, Sct. To the Sheriff of St. Loius county—Greeting.

You are hereby commanded to Summon Wm Hempstead & that setting asie all manner of excuse and delay they be and appear in proper person before the Judge of our circuit court on the fourteenth day ofat the town of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein O FallonO Fallon & others are plaintiffs, and Missouri Fur CompanyMissouri Missouri Fur CompanyFur Company are defendants on the part of the plaintiff and have you then and there this writ.

Witness, Archibald GambleArchibald Gamble, Clerk of our said circuit court, at the town of St LouisSt. Louis, this 2nd day of August in the year of our Lord, one thousand-eight hundred & 25 Archibald GambleA Gamble Clerk, St LouisSt. L. C. C.

Executed on E F. Hempstead & Wm Hempstead on the 2nd Augt.- 1826-

Jnr. K WalkerK Walker plff fees $ 100
July 1823

In O FallonO Fallon to they vs Missouri Fur CompanyMissouri Missouri Fur CompanyFur C

for Wm. Hampstead E. S. Hampstead forthwith