Ludwell E. Powell vs. Antione Lamarche

sum to $450. Issue attach-ment & garnisher P & American Fur Co. a capias against William Fallon as garnishee

atty

The Sheriff of the County of Saint Louis will require bail of William Fallon the Garnishee in this case in the sum of Five hundred & fifty Dollars 28th April 1835

Upon the foregoing affidavit it is ordered that a capias issue against William Fallon the Garnishee in this case and that he said William Fallon be held to bail in the sum of Five hundred and fifty dollars St. Louis 28th April 1835

Ludwell E. Powell by J Spalding his attorney complains of Antoine Lamarche of a plea of trespass on the case upon promises.

For that whereas the said defendant heretofore, to wit: on the first day of April in the year of our Lord one thousand eight hundred and thirty-five at said county was indebted unto said plaintiff in the sum of a thousand dollars for the work and labor, care and diligence of the said plaintiff by the said plaintiff before that time done, performed, and bestowed, in and about the business of the said defendant and for the said defendant and at his special instance and request; and also in the further sum of a thousand dollars, of like lawful money, for divers goods, wares and merchandise, by the said plaintiff before that time sold and delivered to the said defendant and at his like special instance and request; and also in the further sum of a thousand of like lawful money, for money by the said plaintiff before that time lent and advanced to, and paid, laid out and expended, for the said defendant and at his like special instance and request; and also in the further sum of a thousand dollars, of like lawful money, for other money by the said defendant before that time had and received to and for the use of the said plaintiff; and being so indebted, the said defendant in consideration thereof, afterwards, to wit: on the day aforesaid, at the place aforesaid, undertook, and then and there faithfully promised the said plaintiff to pay him the said several sums of money, in this count mentioned, when the said defendant should be thereunto afterwards requested.

And whereas also, said defendant afterards, to wit on the day and year, and at the county last aforesaid, accounted with said plaintiff of, and concerning divers others sums of money from the said defendant to the said plaintiff before that time due and owing, and then in arrear and unpaid, and upon such accounting the said defendant was then and there found to be in arrear and indebted to said plaintiff in the further sum of a thousand dollars, like lawful money, and being so found in arrear and indebted, said defendant in consideration thereof, afterwards, to wit: on the day and year last aforesaid, at said county, undertook, and then and there promised said plaintiff to pay him said last mentioned sum of money, when he said defendant should be thereto afterwards requested.

Nevertheless, said defendant, although often requested so to do, has not as yet paid said several sums of money above mentioned, or either or any part of either of them; but to do so hath refused and still refuses. To the damage of said plaintiff of a thousand dollars, and therefore he brings his suit, &c.

County of St. Louis Ludwell E. Powell being duly sworn on his oath faith that Antoine Lamarche the defendant in the foregoing declaration men-tioned is justify indebted unto him the said Ludwell E. Powell plaintiff in the same in the sum of four hundred and fifty dollars and that this affiant doth verily believe that said Lamarche is not a resident of nor residing within the State of Missouri .

And the Lud Powell doth on his oath further State that he doth verily believe that William Fallow, now in said St. Louis County, is indebted unto the said Lamarche the defendant in the sum of four hundred and fifty dollars: and that the said William affiant hath just cause to fear & doth believe that said Wil-liam Fallon is about to leave the State of Missouri .

Discontinued Book 7 page 381

Ludwell E Powell vs Attachment Antomie La marche

P Chouteau the American Fur Company Fallon Garnishers- - Capies Wm Fallon

29th Cort Paid

We command you to attach Antonie La marche by all and singular his lands and tenements goods chattels moneys credits or effects or so much thereof as shall he sufficient to secure the sum of Four Hundred and fifity dollars with interest and costs of suit in whose hands or possession soever the same be found in your bailiwick that the said Antoine La marche be and appear at the next term of the Circuit Court before the Judge thereof on the first day of said term to be holden at the City of St Louis within and for the County of Saint Louis on the fourth monday of July next then and there to answer unto Ludwell E Powell of a plea of tresspass on the case upon promises to the damage of the said plaintiff of a thousand dollars and also that you might summon all and every person in whose hands or possession Soever any such lands tenements goods chattels moneys credits or effects may be found and particulary Pierre Chouteau , the American Fur Company and William Fallon that they be and appear before the Judge of our said Court on the first day of the term aforesaid then and there to answer unto what may be objected against them. You are also commanded to take William Fallon so that you may have his body before the Judge of our said Court at the term aforesaid to answer what may be objected against Him as Garnishee being indebted to said defendant & having in his profession money goods Chattels or effects of the said Antonie La march and have you then there this writ.