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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
use of James J. Thomas) by
to wit on the
Lord one thousand eight hundred and and thirty
said defendant by his certain writing obligatory sealed with the seal of the said defendant and executed duly by him which said writing
is now here to the Court shown the date whereof is the day and year
aforesaid promised ten months after the date thereof to pay to said
twenty months after the date thereof he promised to pay said Coloman
the further sum of one hundred dollars: and thirty months after
the date thereof he promised to pay said Coloman the futher sum
of one hundred dollars, said two last mentioned sums to
hear interest from the date of said writing at the rate of six
per cent per annum for value received, which writing obligatory
that whereas said writing was obligatory for the benefit
instrument whose labor it was hoped
that if said
cident permanently unable to work with at any time within thirty
months from the date of said writing obligatory, then that only
the notable proportion of the above sums should be paid:
and said plaintiff in fact saith that said
paid the sum of money secondly above mentioned which was
due twenty months after the date of said writing obligatory nor
any part thereof. Although the said
he
to work, and although twenty months have
date of said writing: nor has any person paid the same money
or any part of it: but the whole of the same to wit of said
second installment remains in arrear and
that said defendant although often required so do hath not
the said covenant so by him made as aforesaid, but hath broken
the same and to
and still refuses, To the damage of said plaintiff of
four hundred dollars & therefore he brings his suit & c.
We command you to summon
before the Judge of our circuit court at the
of
March next then and there to answer unto
Breach of
and have you then there this writ
Executed this
to
the
of & C.
vs
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
comes & defends the
& injury when
says said Plaintiff
his said action against him because he says
that said supposed
said plaintiff
Plaintiff from said defendants by the fraud
misrepresentation &
plaintiff
said defendant is read to verify wherefore
In a far further plea in this
defendant says Sandy plaintiff ought not to
have & maintain his said author agaisnt him
because he says - that heretofore to
the
at
of Emancipation & said defendant further
says that said
knowing said
seige Said
be made as aforesaid & for no
plantiff Said Supposed writing obligatory declared
& this the defendant is ready to verify wherefore
he prays Judgment &c
And
defendant says said plaintiff ought not to have
& maintain his said action against him because
he says that said supposed writing obligatory declared
made &
plaintiff for & in consideration of the sale of a free
man as a
defendant & for no other consideration whatsoever -
to
obligatory and said defendant further says that
said plaintiff at the time of making the sale of
said
that said man which he sold as a
the said defendant is ready to
he prays Judgement
Defendant says said plaintiff
& maintain his said action against him because
he says that at the time of the
said Supposed writing obligatory said plaintiff had
possession of
as his slave &
a free man he proposed to
said defendant as a slave &
defendant as a
said Defendant could pay
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
And for further plea in this behalf said
Defendant Says said Plaintiff
& maintain his said action against him because
he says that at the time of
supposed writing
illegally
by the name of
as his slave small knowing said
a free man & the said plaintiff then & there
pay said
& if said Defendant & said
hundred Dollars payable on the conditions & at
the times specified in said supposed writing
obligatory
would sell & deliver said
as a slave & make &
a
and said
then & there pay to said plaintiff one hundred
dollars & he & said
sign seal & deliver to said plaintiff said supposed
writing obligatory
plaintiff did then & there
defendant said
said defendant a
that he thereby sold & delivered to said defendant
said
says that at the time said plaintiff sold said
said supposed
said sale of said
as aforesaid & for no other consideration
& this defendant is ready to certify wherefore
he
adsm
for
&
Consideration
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
vs
cial replication to 2nd 3rd
& 4th pleas
And as to the plea of the said
defendant first above pleaded said plaintiff
aught not for any thing therein contained to the
having and maintaining his aforeaid action thereof
against him because he says, that said writing obligatory
in said declaration mentioned was obtained fairly and
honestly by him said plaintiff from said defendant &
not by him said plaintiff and
him by fraud misrepresentation and
And as to the plea of said defendant secondly
above
against him because he says that the said
always
as a slave until at land
him mentioned in
&
&
had lawfully a right to do,
he
ready to
pleaded said plaintiff says that said due declaration
made &
such right and interest as he said plaintiff
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
had always, until at and after said sale been claimed
as a slave and actually held in bondage as a slave
and said plaintiff saith that at the time of said sale he said
plaintiff there so claiming &
offered to
interest in said
freedom of said
said
ready to verify; wherefore he prays judgment &
above pleaded said plaintiff saith that said
the plea mentioned who was a
and had always been actually held in bondage as a slave
until at and after the sale of all plaintiffs right in him
as herein stated: and that the said plaintiff at the time of
said sale, claiming & possessing said
said
he the said defendant then & there, to wit at the time of
said sale, at said
from the said plaintiff, his said plaintiffs,
interest in said
in
king of said did declaration, did sell & transfer to
said defendant,
of said
said plaintiff had in said
might do. And this he is ready to verify, wherefore
he pray, judgement &c.
And Said defendant comes
and says said plaintiff ought
defendant by reason of any thing by said plaintiff in
his
alledged became he says said plaintiffs
to that plea & the matters & things
are not
to have & maintain his said action and is no
to defendants third plea said defendant
says said Replication is not a
defendant is not
the land to
defendant prays judgment
And
Replication to defendants further plea said
defendant says that Said Replication & the
matters & things thereon alledged are not
in
barred &
his said action & defendant is not bound
by
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
No 29
use of
to
And the said plaintiff
by his attorney, says that the replication to the second
sufficient in law for him said plaintiff to have
&
in respect thereof wherefore he prays judgement & his
And said plaintiff says that his said
to the plea of said defendant by him thirdly above
pleaded & the matters therein contained are sufficient
in law for him said plaintiff to have & maintain
his said action thereof against said defendant
wherefore he prays judgnment &
And as
the defendants fourth plea above, said plaintiff
says that the same replication & the
matters therein contained in manner & form as
therein set forth are sufficient in law for him
said plaintiff to have & maintain his aforesaid
action against said defendant wherefore
he prays
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Discontinued Book 3 page 426
$12 fees paid on
by S. Thomas
of
vs.