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
County of
John O. Fallon
and
mary lisa Executing of
H
Moses
and mary
Andrew Dripps
partners &
of the missouri
of
that whereas
day of April in the year Eighteen
to writ at the county aforesaid the said
Defendants together with the said
certain note in writing commonly called a prom
and now to the court
promissory note
together with
then & there promised sixty days
date thereof to pay to one
stead or order the
dollars for
negotiable and payable at the Bank of
missouri. And the said
to whom or to whose order the payment of
the said
specified was to be made after the making of the said
and year last aforesaid at the county aforesaid
and thereby then & there ordered and appointed
the said
specific to be paid to the said President
and Company of the
And the said President
of the
of Thoff
or to whose order the payment of the said
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
said last mentioned indorsement the said President
the name and
ordered and appointed the said sum of money in
the said promissory note specified to be paid to
the said Plaintiffs, by
said defendants together
the said Plaintiffs the said sum of money in
the said promissory note specified according to the
tenor and effect thereof; and being
the day and year aforesaid at the county aforesaid
them the said Plaintiffs to pay then the
said sum of money in the said promissory
note specified according to the
thereof
And whereas also the said
such the said
county aforesaid
in the further sum of four thousand dollars
for so much money before that time by the
said plaintiffs and
defendants together with the said
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
and request; and on the further sum of four
thousand dollars for so much money by the said
defendants together with the said
before that time had and received to and for
the use of the said Plaintiffs and being so indebted
they the said Defendants
the said
aforesaid at the county aforesaid
and then & there faithfully promised them
the said plaintiffs to pay them the said
sums of money aforesaid when they should
be
the said Defendants and the said
long since
of then paid to the said plaintiffs the said
Defendants and
plaintiffs of six thousand dollars and
Atty p. q.
And whereas also
last aforesaid at the county
aforesaid the said Defendants
owing from the said Defendants and the
said
and
there
accounting the said Defendants together with the
said
and
of four thousand
dollars and being
and then & there
plaintiffs to pay
then the said sum of money
where they show be
requested
the said sum of
money or any part thereof
but the
the said Defendants
to
thousand dollars and therefore
p. q.
And whereas also the said
of April in the year eighteen hundred and twenty two
at
made their
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 &
the date thereof to pay to one
or order the sum of four thousand dollars for value
received without
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
and year last aforesaid at the county aforesaid
in
(by the name and
said
appointed the said sum of money in the said promissory
note specified to the said Thomas
the name and
to whom or to whose order the payment of the said
sum of money in the said promissory note specified
the payment of the said sum of money therein specified
to
the county aforesaid
note to the said Plaintiffs by which said
the said
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
at the
note
aforesaid for
sum of money
according to the
note, but that
the said
other person or persons on behalf of
the said time when the said promissory
and shown for payment thereof as aforesaid
other time before or
therein specified or any part thereof but wholly negleted
and refused so to do;
the said
there
said sum of money in the said promissory note specified
when they
should be
&
on the day and year
aforesaid undertook and then and there faithfully
promised the said plaintiffs to pay their the said
sum of money in the said
note specified when they the said Defendants
and the said Jones &
requested
the said Jones &
so to do, have not nor had when of them paid
to the said Plaintiff the said sum of money in the
said
but the sum to the said Plaintiff to pay the said
Defendants and the said Jones &
to
neglect & refuse to the damage of the said Plaintiff of
six thousand dollars and therefore they sue & C.
P.q.
& others
vs
This is an action of trespass on the case upon promises
Damage $6,000
Let a summons
Ext of
and
are impleaded
Van der berg to
Cansen
And the said Defendants Joshua
I
decd
and defend the
of said
Sixty days after
for value
at the
ac `p
which being read
say that they did not promise
in
there of above in their said declaration complained
agreement them & of this said Defendants do
put
plea nor
You are hereby commanded to
that setting asie all manner of excuse and delay
court
and the truth to say in a certain matter of controversy now pending in our said court, wherein
and
the
the town of
year of our Lord, one thousand-eight hundred
Executed on
E F.
&
on the
1826-
plff
In
vs
E. S. Hampstead
forthwith



