John O'FallonJohn John O'FallonO Fallon William ClarkWilliam Clark Auguste Choleau Bernard Gratte and Robert Mash complain of Thomas HempsteadThomas Hempstead and Charles S HempsteadCharles Charles S HempsteadS. Hempstead Executors of the last mill and testament of Edward HempsteadEdward . Edward HempsteadHempstead decased of a plea of trespass on the case upon promises For that whereas heretofore on the fourteenth day of June in the year eighteen hundred and twenty two at St LouisSt Louis to wit at the county aforesaid the said defendants as Executors as aforesaid made their certain note in writing commonly called a promissory note bearing date the day and year aforesaid and now to the court shown by which said promissory note they the said Defendants as afore Executors as aforesaid then & there promised sixty days after the date of said promissory note to pay to one Thomas HempsteadThomas Thomas HempsteadHempstead and one Charles HempsteadCharles Charles HempsteadHempstead or to their order the sum of five thousand eight hundred and five dollars and eighty six cents for value received payable and negotiable at the Bank of MissouriBank Bank of Missouriof Missouri without defalcation and the said Thomas HempsteadThomas Thomas HempsteadHempstead & Charles HempsteadCharles Charles 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 many 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 Thomas J RiddickThomas Thomas J RiddickJ Reddick by which said indorsement they the said Thomas & Charles Hempstead then & there ordered and appointed the said sum of money in the said promissory note specified to be paid to the said Thomas J RiddickThomas Thomas J RiddickJ Thomas J RiddickReddick and the said Thomas J RiddickThomas Thomas J RiddickJ Reddick 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 and on the day and year last aforesaid at the county aforesaid the said by the name and description of Thoff RiddickThoff Riddick Past B K Missouri indorsed the said promissory note to the said Plaintiffs by which said last mentioned indorsement he the said Thomas J RiddickThomas Thomas J RiddickJ Reddick by the name and description 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 means whereof the said Defendants as executors as aforesaid 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 they the said Defendants executors as aforesaid in consideration thereof afterwards to wit on the day and year aforesaid at the county

aforesaid undertook and then & there faithfully promised their the said Plaintiffs to pay them the said sum of money in the said promissory note specified according to the tenor and effect thereof.

And whereas also the said defendants as executors as aforesaid afterwards to wit on the day and year aforesaid at the county aforesaid made then certain other promissory note in writing bearing date the day and year aforesaid and now to the court shown by which said promissory note they the said Defendants as executors as aforesaid then & there promised sixty days after the date of said promissory note to pay to the one Thomas HempsteadThomas Thomas HempsteadHempstead and one Charles HempsteadCharles Charles HempsteadHempstead or to their order the sum of five thousand eight hundred and five dollars and eighty six cents for value received payable and negotiable at the Bank of MissouriBank of Missouri without defalcation and the said Thomas HempsteadThomas Thomas HempsteadHempstead and Charles HempsteadCharles Charles 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 promossory 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 one Thomas J RiddickThomas Thomas J RiddickJ Riddick by the name and description of Thoff RiddickThoff Riddick Past B K Missouri by which said indorsement they the said Thomas HempsteadThomas Thomas HempsteadHempstead and Charles HempsteadCharles Charles HempsteadHempstead then & there ordered and appointed the said sum of money in the said promissory note specified to be paid to the said Thomas J RiddickThomas Thomas J RiddickJ Riddick by the name and description aforesaid and the said Thomas RiddickThomas Thomas RiddickRiddick to whom or to whose order the payment of the said sum of money in the said promissory note specified was by the endorsement 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 wit on the day and year last aforesaid at the county aforesaid by the name and description on aforesaid indorsed the said promissory note to the said plaintiffs by which said last mentioned indorsement the said Thomas J RiddickThomas Thomas J RiddickJ Riddick by the name and description 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 that afterwards to wit on the sixteenth day of August in the year aforesaid at the Bank of MissouriBank of Bank of MissouriMissouri aforesaid to wit at the county aforesaid the said promissory note was duly presented and shown

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to and at the said Bank of MissouriBank of Missouri 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 MissouriBank of Missouri nor the said Defendants as executors as aforesaid nor any person or persons on their behalf did or wound at the when the said promissory note was as shown & presented for payment thereof as aforesaid or at any other time before or after-wards pay the said sum of money therein specified or any part thereof but wholly neglected and refused so to do. By means whereof the said Defendants executors as aforesaid then & there became liable to pay to the said plaintiffs the said sum of money in the said promissory note specified accordin when they the said Defendants executors as aforesaid should be thereunto afterwards and they being so liable they the said Defendants executors as aforesaid in consi-deration thereof afterwards to wit on the day and year last aforesaid at the county aforesaid under-took and then & there truthfully promised them the said plaintiffs to pay them the said sum of money in the said promissory note specified when they the said Defendants showed be thereunto afterwards requested.

And whereas also the said Edward HempsteadEdward Hempstead in his lifetime heretofore to wit on the day of Eighteen hundred and at the county aforesaid was indebted to the said

Plaintiffs in the further sum of five thousand eight hundred and five dollars eighty six cents for so much money by the said plaintiffs before that time lent and advanced to the said EdwardEdward in his at his special instance and request and in the further sum of five thousand eight hundred and five dollars & eighty six cents for so much money by the said plaintiffs before that time paid laid out and expended to & for the use of the said EdwardEdward in his lifetime and at his like special instance and request and in the further sum of five thousand eight hundred and five dollars eighty six cents for so much money by the said EdwardEdward in his lifetime before that time had and to and for the case of the said Plaintiffs and the said EdwardEdward being so indebted they the said Defendants executors as aforesaid in cousideration thereof afterwards to wit on the six-teenth day of August in the year eighteen hundred and twenty two at the county aforesaid undertook and then & there faithfully promised them the said plaintiffs to pay them the said several sums of money last mentioned whenever they the said Defendants executors as aforesaid showed be thereunto afterwards requested

the said Defendants (altho often requested so to do and altho the said several sums of money in the above counts specified have been long since

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due and unpaid have not paid to the said plaintiffs the several sums of money in the above mentioned counts specified or any part thereof two the same to the said plaintiff to pay the said Defendants have hitherto wholly neglected and refused and still do refuse & neglect to the damage of the said plaintiffs of ten thousand dollars and there fore they sue & c.

Jnr O FallonO Fallon & others vs EdwardEdward Hempstead: Exc.

slam

This is an action of trespass on the case upon premises Damage $ 11.000

PettisPettis Atty

And the said ThomasThomas Hemp-stead and Charles S HempsteadCharles S. Hempstead as executors as aforesaid come and defend the wrong and inju-ry when & C. and say that they the said Thomas & Charles S. did not as executors as aforesaid undertake and promise in manner and form as the said plaintiffs have above thereof com-plained against them, and of this they put themselves upon the country &c.

and the said Pliffs do the Pattis for , and for a further plea in this behalf as to the two first counts of said declaration the said defendants as executors as aforesaid say, that the said plaintiffs ought not to have or maintain their aforesaid action thereof against them as executors as aforesaid because they say, that the said promissory notes set forth and described in the said two first counts as two separate and district notes, are one and the same note, and that the said two first counts are founded on one and the same note which said note they the said defendants executed on the said fourteenth day of June in the year of our Lord one thousand eight hundred and twenty two and at a period long subsequent to the death of the said Edward HempsteadEdward Hempstead to wit at the county aforesaid and this they are ready to verify wherefore they pray judgment if the said plaintiffs ought to have or maintain their aforesaid action thereof against them the said defendants as executors as aforesaid &c.

and for a further plea in this behalf as to the two first counts in said declaration the said defendants as execu-tion as aforesaid say, that the said plaintiffs ought not to have or maintain their afore- said action thereof against them because they say that the said Edward HempsteadEdward Hempstead the defendants said testator was not at the time of his death indebted in any sum either to the said Charles S HempsteadCharles S. Hempstead & Thomas HempsteadThomas Hempstead the payees of said notes in said two first. Counts mentioned or to either of them or to the said Thomas J. Reddick or to the said plaintiffs nor was there then any contract or agreement which had been made between the said Thomas HempsteadThomas Thomas HempsteadHempstead & Charles S HempsteadCharles S. & the said EdwardEdward in his life time or between the said Thomas J. Reddick and the said EdwardEdward in his life time or be-tween the said plaintiffs and the said EdwardEdward in his life time by which the said defendants as executors as aforesaid have since the death of the said EdwardEdward been indebted or liable for damages then to the said Thomas Hempstead & Charles S. Hempstead the payees in said notes or to the said Thomas T.

Riddick or to the said plaintiffs: and this they the said defendants are ready to verify; wherefore they pray judgment if the said plaintiffs ought to have or maintain their aforesaid action thereof against them as executors as afore-said .C

and for a further plea in this behalf as to the said first & second courts of said declaration, the said defendants say that the said plaintiffs ought not to have or main-tain their aforesaid action thereof against them as executors as aforesaid because they say that after the death of the said Edward HempsteadEdward Edward HempsteadHempstead to wit on the fourteenth day of June in the year aforesaid at the County afore-said they the said defendants made and exe-cuted the said promissory notes in the said first and second counts mentioned and then and there delivered the same to the said Thomas, J. Riddick President & Directors & Company of the Bank of MissouriBank of Bank of MissouriMissouri for & in consideration of the sum of five thousand eight hundred five dollars eighty six cents by them the said defendants then and there received of and from the said President & Directors & Company and by the said President & Directors & Company then and there lent and advan-ced to them the said defendants at their in-stance and request and the said defendants aver that the said plaintiffs are thirtees and agents of the said President and Directors and Company volunta- rily appointed by the said President & Directors & Company for the purpose of collecting certain debts due to the said President & Directors and Company and paying certain debts due and owing by and from the said President & Directors and Company and that the two promissory notes in the said two first Counts act forth and mentioned were transferred by the said RiddickRiddick as agent of the said President & Directors & Company le-gally authorized, to the said plaintiffs as such trustees & agents as aforesaid to wit at the day & year last aforesaid at the place aforesaid; and this the said defendants are ready to verify: wherefore they pray Judgment if the said plaintiffs ought to have or maintain their aforesaid action thereof against them U.C.

and for a further plea in this behalf as to the first and second counts in said declaration the said defendants say that the said plaintiffs ought not to have or maintain their aforesaid action thereof against them because they say that an the said fourteenth day of June in the year last above mentioned they the said defendents as executors as aforesaid made and executed the said promissory notes in the said first & second counts mentioned as making of the same, and that the payees in each of the said notes are the same identical Thomas HempsteadThomas Hempstead and Charles S HempsteadCharles S. Hempstead

in their own proper nights and capacities and not as executors: and that afterwards to wit on the day and year aforesaid at the place aforesaid they the said Thomas HempsteadThomas Hempstead and Charles J. Hempstead payees as aforesaid, endorsed in their individual capacities and not as exec-utors, the same notes and then and there de-livered them to the said Thomas J. Riddick who became the legal holder of the same: and that afterwards and when the said notes became due and payable to wit an the sixteeth day of August in the year aforesaid the said notes were presented to them the said defendants as executors as aforesaid as the makers of said notes who then and there as such executors neglected and refused to pay the same of which premises the said Thomas & Charles payees and indorsers as aforesaid afterwards, then and there had notice, and so became legally liable to pay the amount of said notes in their individual capacity & not as executors as aforesaid: and then and there promised in their individual capacity & not as such executors to pay the amount of said notes to said Ridick and the said defendants in fact say that they are both payees and makers of said notes in dif-ferent nights as in this plea set forth and that they are legally bound by their said endorsment as aforesaid to pay the amount of said notes in their individ-ual capacity and not as executors as afore- said, and that they are discharged from their liability as executors as aforesaid in their executing said notes as makers there-of: of all which premises, the said plaintiffs, before and at the time of the endorsment and delivery of said notes by said notes by said RiddickRiddick to said plaintiffs, to wit on the day and year last mentioned had notice; And this the said defendants are ready to verify: wherefore they pray judgment if the said plaintiffs ought to have or main-tain their aforesaid action thereof against them U.C.

and for a further plea in this behalf as to the first and second Courts of said declaration, the said defendants say that the said plaintiffs ought not to have or maintain their aforesaid ac-tion thereof against them, because they say that they did make and execute the said notes as in said Courts mentioned to wit on the said fourteenth day of june as ex-cutors as aforesaid; and that they the said ThomasThomas and CharlesCharles defendants are the same identical Thomas & Charles S. who are pay-ees in their individual capacity as also first endorsers of the same; and furthermore that after the said notes were so made executed and endorsed as in this plea mentioned to wit on the day and year last aforesaid at the

Exceuted on on 2nd August

J. P. Brourn

Service $ :50

July 1825

In O Jallon vs. E

for Reddeck

aforesaid Band then & there faithfully promissed their she said Plaintiffs to pay them the said sum of money in the said promissory note specified according to the and effect Through

And whereas also the paid Defendants as executors as aforesaid afterwards to wit on the day and year aforesaid at the county aforesaid made certain other promissnary note in writing bearing the day and year aforesaid and now to the court shown by which said promissnary note then & there promissed sixty days after the date of said promissnory note to pay to the one ThomasThomas and one Charles S HempsteadCharles S or to order the sum of five thousand eight hundred and five dollars and eighty six cents for value received payable and negotiable at the Bank of MissouriBank of Missouri defalcalcation and the said Thoms and Charles S HempsteadCharles S 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 therein specified to on the day and year last aforesaid at the county aforesaid the said promissory note

twenty two at the County aforesaid, for and in consideration of the sum of five thousand eight hundred five dollars eighty six cents by the President & Directors & Company of the Bank of MissouriBank of Missouri then and there lent and advanced to the said defendants & at their request and this they are ready to verify: wherefore they pray Judgment if the said plaintiffs ought to have or maintain their aforesaid action thereof against them the said Thomas HempsteadThomas Hempstead & Charles S. Thomas HempsteadHempstead as executors as aforesaid &.C.

Circuit CourtSt Louis Circuit Court

Thomas HempsteadThomas Thomas HempsteadHempstead Chrs S. Hempstead Extrs of Edward HempsteadEdward Edward HempsteadHempstead advm Jno O fellow & others Pleas,

Plaintiff for implication to the several pleas and all of said Defendants above pleased and set forth & say that they ought not to be barred or from having or maintaining their action aforesaid against them the said Defendants because the said plaintiff say that the said several pleas above pleaded except the first are not sufficient in law neither is any one of there sufficient in law to or do the said plaintiff from having or maintain -ing their action aforesaid against them the said defendants and that by the law of the land they are not found to answer the said pleas or any of them the first wherefor for of a sufficient plea in this the said plaintiff pay judgment and their & costs

for the non complained by the said Defendant of &C. aforesaid Mash &

and the defendants as executory as aforesaid came & say that the said pleas above demanded to one good and sufficient in law to have the said plaintiff from having & maintaining his action aforesaid, which they are ready to verify and of this they pray Judgment &c.

John O. Fallon & Others vs

Char F. & Tho HempsteadHempstead &c.

You are hereby commanded to Summon J J Riddick that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Circuit CourtCircuit Court, on the forteenth day ofat the City of St LouisCity of St. Louis, then and there to testify and the truth to say, in a certain matter of controversy now pending in our said Court, wherein In O FallonO Fallon & others plaintiff, and Edward HempsteadE Edward HempsteadHempstead defendant, on the part of the and have you then there this writ.

Executed on Thomas F RiddickThos Thomas F RiddickF. Riddick on 2nd august

July 1823

In O FallonO Fallon and others & E Hampstread Exts